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HomeMy WebLinkAbout72- Michel Easement RELEASE AND SAT I S F ACT ION The undersigned hereby acknowledges receipt of the sum of $1,091.23 as full satisfaction for any and all damages to lands, premises and crops proximately caused by the construction and installation of a Trunk Water Mains by the City of Bozeman, Montana over and across lands and premises of the undersigned described in that certain "Easement and Right-of-way Agreement for a Trunk Water Mains" dated the 29th day of September, 1971 and filed of record in the office of the County Clerk and Recorder of Gallatin County, Montana in Book 11 of Miscellaneous Page 1529. The under- signed further acknowledges full and satisfactory performance of all covenants to be kept and performed by the City of Bozeman relating to replacement of all existing fences, ditches and improvements; the satisfac- tory restoration of the surface of trench areas and the installation of said Trunk Water Mains to depth permitting normal cultivation and hereby releases and forever discharges the City of Bozeman, Montana from any and all liabil- ity of any kind or nature whatsoever arising from the performance of each and all of the aforesaid covenants. Dated this ,;2;L day of h~( ,1972. c?ttL;(p Tl<<:L-R _ ) AlbertO', ,MiCh:l - ;J f~d ;fl, /?Ju~f Ramona M. Michel STATE OF MONTANA ) ( ss COUNTY OF GALLATIN ) , I.....! On this 22nd da;y of November, 1972 before me, the undersigned a Notary Public for the State of Montana, personally appeared Albert J. Michel and Ramona M. Michel, known to me to be the persons described in and who signed the foregoing instrument as Grantors and acknowledged to me that they had executed the same freely and voluntarily, for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. "/~---,-' ~,/.. /'~"" ) n' :7 /' \ )//, I. / -; .- """ Y /"< '-J, .. - v / ~/ ,z..t! -':'''''1'('<:4''' to' ,.:1: ~ .~,;<--.c..,A.,,-(,/ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires JlixlX.eqXx:X;j'lRX~ May 8, 1973. WIT N E SSE T H : · 1:.,c.)I,\C'O -.,. (!,,'," " ~,"" '.~,,"~PLA:~l:E'D~'dc~-:';~ r 'I. ') i ~'G. 1529 " " State of Mont., County of Gallatin. S5 Filed or record_:.~. ,October 14 ,H:~71 '. .. at._J.:.25 P -_M., and recorded in Book _-1L...of MISCELLANEO US page 1529 _._,,9ARL L ._,STUCKY ~___Rt~orcer. D~..~;~F~ I'/~-~~~.".J Deputy EA.:lEMENT AND lUGHT CJF~iGREE~ 7- Rt: City of Bozeman FOR UTILITY LINES THIS AGREE~NT, Made and entered into this 29th day offleptember in the year of our Lord one thousand nine hundred seventy-one between Albert J. and Ramona M. Michel, parties of the first part, hereinafter known as the Grantor, and the City of Bozeman, Montana, a municipal corporation, the party of the second part, hereinafter known as the Grantee, WHEREAS, The Grantors are the legal record title owners of a tract of land lying in the Southeast quarter of the Southwest Quarter of Section 11, Township 2 South, Range 5 East, also designated as Tract 1, Block 2, Triangular Area Annexation to the City of Bozeman, Montana, more particul- arly described below. WHEREAS, the Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install utility lines and their necessary appurtenances to serve various properties located within the western portion of the City of Bozeman and one or more such lines would run across the Grantor's land; and WHEREAS, the Grantee desires to acquire from the Grantors, and the 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 and assign~ for the purpose of installing operating, using, repairing, replacing, maintaining and removing said utility lines and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as nereinafter more particularly provided. NOW, THEREFOHE, 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 consideration of the covenants and agreements between the parties hereto, the Grantors have granted, bargained, sold, conveyed, and confirmed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever; 1. A perpetual easement and right-of-way for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing utility lines and appurtenances thereto upon and across the above described property lying within the City of Bozeman, County of Gallatin, State of Montana and more particularly described as follows and shown on the attached exhibit. A utility easement thirty (30) feet in width. along the southerly right-of-way line of U.S. No. 191 thru and across a tract of land lying in the Southeast quarter of the Southwest quarter of Section 11, Township 2 South, Range 5 East also designated as Tract 1 of Block 2 Triangular Area Annexation to Bozeman, Montana, more particularly described as follows: Beginning at the northeast corner of said Tract one (1); thence south- westerly along the northerly line of said tract, being also the southerly right-of-way line of U.S. Highway No. 191 a distance of one thousand one hundred one and eighty-six hundredths feet (1101.86)to the westerly line of said Tract one (1); thence along the westerly line of said tract to a point which lies thirty (30) feet at right angles from the south line of U,S. No. 191 right-of-way; thence Northeasterly parallel and thirty (30) feet distant Southerly from said southerly right-of-way line of said U.S. No. 191 a distance of one thousand eighty and six-tenths (1080.6) feet to the easterly line of said Tract one (1); thence northerly along -1- " . , ' ,. .... \... ~ IL v .1: ,4f,'-1530 the easterly line of said tract to the point of beginning. Containing within the above described exterior boundaries 32,736.9 square feet or .7515 acres. TO HAVE AND TO HOLD the above described right-of-way with all the appurt- enances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantors as follows: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said utility lines and appurtenances it will replace, at its sole expense, all existing fences, ditches and other appurtenances of said land that may be disturbed by its operation on a condition equal to the condition thereof existing before said operation were begun, or as near thereto as shall be reasonably possible. 2. That, during operations involving excavation, it will remove the top- soil from the trench area to a depth 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 rocks or surplus excavated material or any kind of debris that may have been exposed by the excavation and remaining after backfilling completed, and will leave the finished surface in substantially the same condition that existed prior to the beginning of operations except that the surface of backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 3. To operate, use and maintain said utilities in such manner as will not hinder or prevent the proper cultivation of the tract through which this right-ai-way is hereby granted. 4. In the event that it should become necessary for the Grantee to re- enter the Grantors premises for the purpose of repairing, replacing, main- taining or removing said utilities the Grantee will reimburse the Grantors for any acOlal damage done to the Grantors premises or crops. 5. That upon completion of said construction and acceptance of this in- stallation the Grantee will pay to the Grantor in addition to the above mentioned money consideration for this easement, the sum of one dollar (1.00) per lineal foot as measured on the centerline of the right-of-way for damages to the premises and crops by virtue of the Grantee's entry thereon. The payment herein specified for damages and crops shall consti- tute full payment to the Grantor for any such damage caused to the Grantor's premises and current crops as an incident to the initial cons~ruction and installation of utility lines aud appurtenances. The Grantors hereby covenants and agrees with the Grantee as follows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said utilities unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance, replacement and removal of said utility line. 2. That the Grantee may peaceably hold and enjoy tlu? rights and privileges herein granted witnout any interruption by the Grantor or its successors and assigns. 3. That they have been lawfully seized of said premises; that they have good right and lawful authority to sell the same and that they and their heirs, executors, administrators, successors and assigns, shall warrant and defend the title to said premises unto said Grantee, and its success- ors and assigns forever, against the lawful claim and demand of all persons whomsoever. -2- ~ ... ; .... \. . ',~ 'Lv -i .f j 531 .1-;, liCE . ' It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Grantors and upon the successors and assigns of the Grantee. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seals and the Grantee, The City of Bozeman, has hereunto set its hand, by its Mayor and its Clerk of the City Commission, each thereunto duly author- ized and has caused its corporate seal to be affixed, all on this 29th day of September , 1971. ~fl, (1Yt.~~M Albert J ,/:}iichel ~ . 'L "',,,- . -1' ~/ -~ /, / A!.4 //l-fl r,(. /fJI? ~./ e:://- ,/' (/ amona M. Michel Ii B ( ! BOZEMAN ATTEST: ,~ ,/ STATE OF MONTANA ) ss COUNTY OF GALLATIN ) .7 On this ;?J~ day Of,r~ 1971, before me the undersigned, Notary Public for the State of Mo~SOnallY appeared Albert J. Michel and RamonaM.Michel, husband and wife, known to me to be the persons that exe- ,cut~do the,'~ithin instrument acknowledging to me that they executed the same. . . '~.'~ r'< . IN. WITNE~ WHEREOF, s'eart on the 4a~ and year : I have hereunto set~ hand and affixed my official in this certificat;~'jirst abov)r~n ioned. ~'r: No ry Public for the State of Montana Residing at Bozeman, M~~na My Commission EXPireSu7 /~~ /i'/t:< C' STATE OF MONTANA ) ss COUNTY OF GALLATIN ) On this 29th day of September 1971, before me, the undersigned a - Notary Public for the State of Montana, personally appeared Don M. Langohr, Jr., and Erna V. Harding, known to me to be the Mayor and Clerk of the City Commission respectively, of the City of Bozeman, whose names are sub- scribed to the within instrument and acknowledged to me that they executed tq.e's-ame for and on behalf of said city. ~ \ '~ / ,". ,....' - ixed my Notarial written. :"::t' ~ ;. IN 'Wb:N~SS WHEREOF, I have hereunt ;;~~al on th~ day and year in this Certif c ..'~ :." S:. !~ \,~ : ;.~ .....~ :". ::. " - N tary ub c for the State of Montana Resid~ng at Bozeman, Mon ana My Corrnnlssion Expires- -74 ~ '. . r I. _.,... or'" I ~ ~ ~ . - ,~ ~ . -. - ~"