Loading...
HomeMy WebLinkAbout72- Fist National Bank Trustee . ','-.'''" (,e -;. '. . . FILM 11 F,~GE 1712 EA~Jij;NT AND RIGHT OF WAY AGREEMENT .<~~ ~RUNK WATER AND SEWER MAINS THIS AGRIEMENT, Made aad eatered into d.~is 20th day of October in the year .f our Lord one thousand nine auadred seventy-one between tae FIRST NATIONAL BANK IN BOZEMAN, TRUSTEE: EUGENE GRAF, JR. & GENEVIEVE S. GRAF, Husband and wife; MARGUERITE KIRK, a siagle weman; ALBERG, tNC., a corporation and JOSEPH P. BUCKMASTER AND HELEN BUCKMASTER, husband and wife, parties of tRe first part, and tae CITY OF BOZEMAN, MONTANA, a municipal corporation, tae party of the second part, WIT N E SSE T H: WHEREAS The Graaters are ta. legal record title ewaers of a portioll. of Block Three (3) and Block Four (4) of Kirk subdivisioa Ne. 4, City of Bozeman, Moatana, more particularly described below. WHEREAS, the Grantee, in the exereise of its power and authority as a municipality of tae State of Mentana, proposes to construct and install trunk water distribution mains and their necessary appurtenaaces and maintenance of sanitary sewer mains to serve various properties located witkin the western portion of the City of Bozeman and one or more such lines would run across tke Grantor's land; and WHEREAS, the Grantee desires to acquire from the Grantors, and tke Grantors are willing to grant to the Grantee an easement and right-of-way across the above described property of the Grantor, and heirs, executors, administrators, successors aad assigas, for the purpose of installing, operating, usiag, repairing, replacing, maintaining, and removing said trunk water mains and sewer mains and appurtenances and for such other rights of access and incidental rights a. are hereinafter described, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $50.00 in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further cORsideration of tke coveRaats aad agreements between the parties hereto, the Grantors "ave granted,bargained, sold, conveyed, and confirmed, and by tk... preseats do hereby grant, bargain, sell, convey, aRd confirm unto the said Grantee and its successors and assigns the following rights and privileges forever; 1. A perpetual easemeat and right-of-way for the purpose of install. ing, operating, using, repairing, replacing, maintaining and removing a trunk water main and sewer main and appurtenaRces thereto upon'and across the above described property lying witllin the City of Boeeman, County of Gallatin, State of Montana and more particularly described as follows and shown on the attached exhibit. A utility easement sixty (60) feet in width for tke cORstruction and maintenaRce of aa eight (8) inch water main and neceasary appurtenances and mainteaance of an eight (8) inch sanitary sewer thru and across Block Four (4) of Bozeman, Montana, more particularly described as follows: Beginning at the southwest corner of lot thirteen (13) of Block One (1) of Kirks Subdivision Number Four (4) of Bozeman, Montana; thence Wsst parallel to and two hundred forty-seven aad five-tenths (247.5) feet distant southerly frem the north line of said 'Block 4, a distance of seven hundred eigllty-five and thirty-six hundredths (785.36) feet to the westerly edge of said Kirk's Subdivision Number Four (4); thence Seuth O. 01' 30" East along said westerly line a distance of sixty (60) feet; thence East parallel to and three hundred seven and five eenths (307.5) feet distant southerly from tile nortaerly line of said Block Four (4), a distance of seven hundred eight-five and thirty-four hundredths (785.34) feet to the northwest corner of lot one (1) -f Block Two (2) of said Kirk's Subdivisioa Number Four (4); thence North a distance of sixty (60) feet to the true point of beginning. \ -,'";'::''' . '. FILM 11 f'~GE 1713 Containing witkin the above deseribed exterior boundaries 47,121.00 square feet or 1.082 aeres. TO HAVE AND TO HOLD the above deseribed right-of-way with all the appurtenances and privileges unto tke said Grantee and to its successors and assigas forever. The Grantee hereby covenants and agrees with tke Grantors as follows: 1. That, in connection with tke installing, operating, using, repairing, replacing, maintaining and removing of said trunk water aad sewer mains and appurtenances it will replace, at its sole expense, all existing fences" ditches and other appurtenances of .Aid land that may be disturbed by its operatio. on a condi tioa equal to tke condition thereof existing before said operatio.s were begun, or as near tkereto as skall be reasonably possible. 2. That, duriag operations involving excavatien, it will remove the topsoil from the trench area to a deptR of one foot, or to the full depth of the topsoil, whichever is less, and stockpile said topsoil away from the site of any large roc. or surplus excavated material or any kind of debris that may have been exposed by the excavation and remaining after backfilling is completed, and will leave the finished surface in substantially the same cendition that existed prior to the beginaing of operations except that the surface of backfilled areas may be mounded sufficieatly to prevent the forma- tion of depressions after final settlement has taken place 3. To operate, sue and ..intain said trunk water and sewer mains in such maDDer as will not hinder or prevent the proper cultivation of the tract through which this right-of-way is her.~y granted. 4. In the event tkat it should become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said trunk water and sewer mains the Grantee will reimburse the Grantors for any actual damage done t. tae Granters preBise, er creps. 5. That up.a completio. of said construction aad acceptance of this installation the Gr..tee will pay to the Grantor in addition to the above mentioned meney cORsideration for this easement, the sum of one dollar ($1.00) per lineal .ot as measured on the centerline of the right-of-way for damages te the premises and crops by virtue of the Grantee's entry thereon. The payment herein specified for damages and crops shall constitute full payment to the Grantor for any such damage caused to the Grantor's premises aad current crop. as an inci- dent t. the initial construction and installatio. of the trunk water main and appurteaances. The Grantors hereby covenants and agrees with the Grantee as follows: 1. That at DO time will they build, c.nstruct, erect .r maintain any permaneat strueture over or above the said trunk water and sewer mains unless sueh structure is built, constructed and maintained in suck a manner that it would net interfere with the operation, use, repair, maintenance, replacement and removal of said trunk water and sewer main. - ~'", t-'~""" . . fiLM 11 r~GE:i714". , . 2. That the Graatee may peaceably hold aad eajoy the rights and privileges hereift granted without aay interruptioa by the Grantor or its successors and assigas. 3. That theu have been lawfully seized of said premises; that they have geed right and lawful authority to sell the same and that they and their heirs, executors, admiaistrators, successors and ass1gns, shall warraat and defead the title to said premises unto said Graatee, aad its successers aad .ssigas forever, agaiast the lawful claim and demand of .11 persons whems.ever. It is understood aad agreed by and between the parties hereto that this Agreemtn s.all be biading upon the heirs, executors, administrators, successors and asaigas of tll. Graators aad up.n the aucceSlers and assigns .f tlle Gra.tee. IN WITNESS WHEREOF, The said parties of the first part have hereunto set the1r hands and seals the day and year first above written. ATTEST: FIRST NATIONAL BANK IN BOZEMAN, TRUSTEE, a municipal ban corp~rti.n. By ~ O....A .I. 1. l.J.- \\A. Trust Officer Cashier ~. ~ 1~~~ n-?~ lJsl~ Gelleviev. ~V- ALBERG, INC., a corpora tion , ,.' A_~dlrl,?:;:;,?~ \ ~~'~( ,.,.'~\ , t' ~ ','(',:',....,',',',,:,::'~:. j' '~~'';'" .-....' ..;,/),,:, ;l','';,,' n i>,~j,' '~IJ~;\'_,,' '; :.) it',;,', ~w \~\:;;!:S~i .. - " I I f1 I', ,/ " I . ~ ~ - "..., By / ,-;1l. .i-;.'_ ~ ~~-p ~~/Jf/J. seereta~ ~ tE:. (/) /J / , ,- V :u..-:~ ./.K.:..~~?~ \ Joseph P. Buckmaster ii' , ' , " . ~" ' "-Helell Buckmaster By: .. ...' .".'w .. t '. ~. . >. FILM 11 '\\GE i 715 STATE OF KONTlUiA ) .s County of Gallatin) d' /?) ,~. " On this /~ day.f ~ , 1971, before me the under.igned, Notary Public for the State~~nta~ personally appeared Jeanne M. Roby, known to me to be the Trust Officer of the First National Bank in Bozeman, Mentana, one of the corporations that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official \'\ '8.4~ the day and year in this certificate first above written. . " ~.I , . .. t '< ~l\t:;/;./}/~#II,( <<', '\ ',......" 1/1;1. \. " :~~~::" , '....f,\~~:.,-. ',~...." .., ;r~.f :,.. ~< -;. ""t-.'t : ~. \ .... i',1 : _' . ,...''7.:......v 'Ij( ,lI('~,P,;";-, : ~ " ,-. -.' ,,' '.... "f I ... '" /'~_.\.,( \~,,') \ - ./,' ,'\. \", I ~ ' . ','., "J '",-" , .....::,' ;' '~,. " '" ~ f ".: r, __ t'&~ Notary Publ for the state of Montana Re db,g at Bozeman~ Mentana t / ;:; My Commission expires _":.L~!.il... STATE OF MONTANA ) ss. County of Gallatin) On this :2n''-.Jf.__ day .f -1!2CJJ::iZ.IJ.~:...,,-' 1971, before me, a notary public in aad fer said State, personally appeared Eugene Graf, Jr., and Genevieve S. Graf, husband and wife, kn.va to me t. be two of the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. " """,;rN WITNESS WHEREOF I have _~'\ .tf~!~ seal the day and year ., \' ..........1:t...... I" AI ... "'.v..~" -~"1 ~,\ ...... v.' ..... \ 'l:t '", -.-1'> ~.. All" ~1 "~ 4 ~~{ ...'i-'"' , ~ ;:~ '. ;m~. _,. E" I ~ r~,,'r:....... -"( ~.~ \ ...,.,,"' ;~ . ..-:"'. ... ..;,... ". . /- ". .0",1...,' ...... A"f';'''." ..... ~'~ "'. .~-1!Itt,.....~~...,. rt~.' ""'" ,~. () r t',~, -'j'l I' ,,, .,' laereunto set in this certi I laand and affixed my ate first above written. t?i!IIr----- tary Public for testate of Mentana Residing at Bozeman, Montana My. Commission expires q-/)'---71 STATE OF MONTANA ) :ss. County .f Gallatin) t:;/ ---" On this 15 day.f tR.-~ 1971, before me, a notary public in aad for said State, personally appeared Marguerite Kirk, known to me to be ene of the persons wb.se name is subscribed to tbe within instrument and acknewledged t. me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official .eal the day and year in this certificate first above written. ..; " .... " . , . /' ~ t:/~ ,"/ ~C:..L \II.'.ry ~he s's',;--.f-- Montana Riding at Bozeman, Montana / / / My Commission Exp:JJes _~L!... ( ;zY ; !i ~' , I "", c.'1 --: "f'~'1. \:, ;. :.'". .~<~~, ~~ ~ :' " J:' ',"" . ,,) 1\ ':I? 1'\ ',' ",' ....... "~:i~,;3>'~ ;\ >': '~' r'~ ! ,/:. \ "~Ii I ' ::r';)' )'- ..: .-'.,..... ~ ~!.,., I' "',.'. ." ~" < . . " . . t.~ ~ \" ~" \:) '\ - \, ~ I ~ _.' . .....':-.. '\ - :- '. ". . Fill.( 11 f.\,Gf 1716 STATE OF MONTANA ) 8S County of Gallatin) On tWe 21st day of September, 1971, before me, a aetary public for the state of Montaaa, pew.onally appeared Helen Levfald and Anton 'Levfald, kaewa to me to be the president and secrea.ry respectively of Alberg, Inc., ene of the corporations tbat executed the within instrumen~ a.d acknowledged to me that such corporation executed the same. (\ .,\ \,\ -'.\\'''1''1'' IN WITNESS WHEREOF, I have hereunto set my hand and ~ffrc.ial seal the day and year in this certificate first l--i ,....:~... ~.. 5~ ~~ ~ If :.... . ("j '. ',' 0 :-.... ,.... :\;., \\.. affixed my above written. ..... C:tt." "~-rt I. / ;? ..., ,,' ""~/. '. ;i ~:'. Notary Public for the state of Mentana Residing at Bozeman, Monlana My cODlllission expires August 29, 1972 STATE OF MONTANA ) SSe County of Gallatin ) OR this %2 ( day of 9 -IJ.; ,1971, before me, a notary public in and fer said State, pers~y' appeared Joseph P. Buckmaster and Helen Buckmaster, husband and wife, known to ae to be two of the persens wh.se names are subscribed to the witkin iastruaent, and acknowledged to me that they executed the same .,-..... , :\).1,"'0)'1 IN WITNESS WHEREOF, I have lIlereunto set my kand and affixedf4'A.~: ..ro , ' official seal the day and year in tlli s certificate first above writt:ell.\ ',:" ", , - i/t! ,:...')- ",' 3 L. ! ~, /, ,^~ 1- .~fI-.- ~q" L'O'\~:>~; Notary Public for the state of ~t""\~ ',\ ('l.~,..., :.~=.:~o:":=:;.Me~..l~ /ii/ STATE OF MONTANA ) SSe County of Gallatin) On this 20th day of October, 1971, before me the undersigned, Notary Public for the state of Montana, personally appeared Don M. Langobr, Jr., known to me te be the Mayor .f the City of Bozeman, MOntana, and Erna V. Harding, Clerk of the City Commission of Bozeman, Montana, one ef tbe corporations that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have bereunto seal the day and year in this certific t et ~ hand and affixed my official first above written. '""''',''','' \.,II{~,Jate of Morrtana I.. c:,~~?;3t4 " ,~\'i' ,,' ......, " ~(RInty of Gallatin f ~r/ ~" ~:;IA(Fiied. October 22 ,1971 ':= ...~ at / 2 : 25 P. M., and :; 'i:. p.. \.. ReG(;rded in book 11 ' of .:',', i" MISCELLANEOUS Page 1712 \ /-1;;f'i'~ - CARL L. STUCKY ./ county~ler R~corder By~#~ Depu N c er he state of Montana Residing at Bozeman, Monta na My Co..ission expires NOTARY ~UBlIC for the St'. 0f Montana Re~:dm!J &t [>"'''10'' ""ontana My Commjssjo~ EXFir'e~"~~~'~~~~cr 1:3, l~N INDEXED PLATTED Fee ~ Rt: City of Bozeman i':' - 0, BLOCK - 3 w' 7tJ5,47 - J\E~T o ex ~ 00 ~\'J\ D\ ,,~" SIJO 7M:5b WE:5r I I I -- I - - ~.- - - -- - - ). . " 7CJ5.34 ft ICj .' \, ~\~~ a ~ ~ f3LOCK -4- ~ ~ . () II') () t .. EASEMENT TH~{/ BUKK 4 /' A?.RK5 5UBD/V/5/0A/ ,NO 4 / ""- BETWEEN 0. 20 r;-/ / :5reozz I P.eOf?~R. TV 7- /9- 71 '- ._..,.~ 0" ~ C!;-/Y ENGI,u~e /5 OFFICE. &Z.liiMAIt/ Mtw7"AAlA - - - - - - .....:,,,*'-' ,"~,,.,"'" ,'.......,:.", .f.:_'''-'" -~!';;o-- 4-'-.,- ...,....~. - .~"'1-.-_...:~-..L. .. - ... ~ "'{ ~ () I;\J lI) /0 - III ... /I ~ BLK1 ~ - JQ ~ /2 >- - a /3 ~ I\: ~ < - -~ ;-:~ tEl. W KOCJ.-l 5T. (E~/ST(; J I2Q ) / ~ ~ I;) V) - 2 BLK Z - 3 - 4 , . J~.~"'-' >" ~:','/o.:it--#: ~<-;~'-'<- .... ~~ ~IVl ~~ ;11 ~I~ ~~ I.~ ~ I~ I~ I~ I I I & StAtE: I";HJ(J' - --~- ~ .;..,;t.