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HomeMy WebLinkAbout72- Michel Easement (2) .... -- - . ~~-,....-..:l ~ j'1rI.'-- '- R E LEA S E AND SAT I S F ACT ION The undersigned hereby acknowledges receipt of the sum of $160.35 as full satisfaction for any and all damages to lands, premises and crops proxi- mately 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 8th day of October, 1971 and filed of record in the office of the County Clerk and Recorder of Gallatin County, Montana in Book !h of Miscellaneous Page 1532. The undersigned 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 satisfactory restoration of the surface of trench areas and the installation of said Trunk Water Mains to depths permitting normal cultivation and hereby releases and forever discharges the City of Bozeman, Montana from any and all liability of any kind or nature whatsoever arising from the performance of each and all of the afore- said covenants. Dated this rR ~ ~Oj~ay of ~'1972. -t~ p t~<-~j . SARA P. RIC DS STATE OF MONTANA' ) ( ss COUNTY OF GALLAT,I,N ) J On this ~ day of il~'ltf1J?c:L.' , 1972 before me, the undersigned a Notary Public for the State of Montana, personally appeared Sara P. Richards, known to me to be the person described in and who signed the foregoing instrument as Grantor and acknowledged to me that she 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 t~i~ertificatelrst above written. j t~ti1 ~~- !{oiary ub c for the State of Montana Residing at Bozeman, Montana My Commission Expires 15 September 1974. " -. i tL U .{l -<' ,,.1.'.,.......'_. r'r:~ .1.532 EASEMENT AND RIGHT OF WAY AGREEMENT FOR UTILITY LINES AND CONSTRUCTION PURPOSES ~tW F\ THIS AGREEMENT, Made and entered into this Q day of C/~~ in the year of our Lord one thousand nine hundred seventy one between Sara Richards, a single woman, hereinafter known as the Grantor, party of the first part, and the City of Bozeman, Montana, party of the second part hereinafter known as the Grantee, WIT N E SSE T H : WHEREAS, The Grantors are the legal record title owners of property situated in the NW~, SW\ of Section 12, T2S, R5E in the City of Bozeman, Montana, more particularly 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 utilities and their appurtenances to serve various properties located within the western portion of the City of Bozeman and to trespass and use during construction of one or more such lines across a portion of the Grantors property, 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 assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining and removing said utilities and appurtenances and for the purpose of trespassing and using and for such other rights of access and incidental rights as are herein- after described, all as hereinafter more particularly provided. NOW THEREFORE, in consideration of the sum of $50.00 in hand pre- viously paid by the City of Bozeman, the receipt whereof is hereby acknow- ledged, 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 u;to 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 utilities and trespass and use the above described property lying within the City of Bozeman, County of Gallatin, State of Montana and more part- icularly described as follows and shown on the attached exhibit. A utility easement fifteen (15) feet in width thru and across a portion of a tract lying in the Northwest quarter Southwest quarter (NW~, SW~) of Section 12, Township 2 South, R 5 East known as the Sara P. Richards Tract and more particularly described as follows: Beginning at a point which lies South 880 43' 24" West five hundred seventy two and eighty one hundredths (572.81) feet from the northeast corner of southwest quarter of the southwest quarter (swt,SW~) of said Section 12, being the southwest corner ox the Sara P. Richards Tract; thence northerly along the westerly line of said tract a distance of one hundred sixty and thirty five hundredths (160.35) feet; thence North 880 55' 46" East a distance of fifteen (15) feet; thence southerly parallel to and fifteen (15) feet distant easterly of the west line of said tract a distance of one hundred sixty and thirty five hundredths feet to the ... "I...... " '. '['E j 5.33 f ii" U ~"" southerly line of said Richards tract; thence South 880 43' 24- West a distance of fifteen (15) feet to the true point of beginning. Containing within the above described exterior boundaries (~5;J6 square feet or .05"-,, acres. Together with a construction easement allowing trespass and storage of material during construction thirty feet in width and lying adjacent and easterly of the above described easement, said construction easement to be in effect only during the construction period. 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said utilities and appurten- ances thereto and for the removing of same, and for the purpose of con- struction if and when desired by the Grantee, its successors and assigns: TO HAVE AND TO HOLD the above described right of way with all the appurtenances 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, repair- ing, replacing, maintaining and removing of said utilities and appur- tenances and construction purposes, 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 operations were begun, or as near thereto as shall be reasonably possible. 2. That, during operations involving excavation, it will remove the topsoil 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 is 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 back- filled 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 of 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, maintaining or removing said utilities the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. 5. That upon completion of said construction and acceptance of this installation 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 constitute full payment to the Grantor for any such damage caused to the Grantor's premises and current crops as an incident to the initial construction and installation of utility lines and appurtenances. " "- '. rlLI,I t~, ;"GfjSa4 The Grartors 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 utilities. 2. That the Grantee may peaceably hold and enjoy the rights and privi- leges berein granted without 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 successors and assigns forever, against the lawful claim and demand of all persons whosoever. It is understood and agreed by and between the parties hereto that this Agreement shall be binding uponfue successors and assigns, heirs, executors, administrators of the Grantors and upon the successors and assigns of the Grantee. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. k\ <) ') --" "~ '~/L--tL f; ;[~..-{!/L'IL"LdJ. SARA RICHARDS ATTEST: ;: STATE OF MONTANA ) :ss County of Gallatin) On this y:s7f/ day of OrroPJf':L 1971, before me the undersigned, Notary Public for the State of Monana personally appeared Sara Richards known to me to be the person that executed the within instrument, and acknowledged to that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in thi~rtificate first above written. y:',:, ' VJctr-tlL Ndtary Pubfic fot the State of Montana Residing at Bozeman, Montana My Commission Expires 9-15-71 .; , ~ ,"" ,.. ')~ ,.". / " , I _,\0' ": r r: ... . '\' .... .. ,IL u ";.(1 j",.' "Sf 1.535 By: /'\.,../ ATTEST: en,~; // ~~~ ERNA v. HARDING, Clerk of the City Commission APPROVED: , ~ERG;- L;;'t/f/.~;J.,f. STATE OF MONTANA ) ss County of Gallatin) /)7lJ ff\ On this f2 day of ..:....vrrcf.>/A... 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 subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in t is Certificate first above written. \' ~ J! ::. / ,- .,.. .~ N tary Pu ic f r the State of Montana Residing at Bozeman, Montana My Commission Expires q-f5',-( ,," " " .,....<'". /:'7 .;. r." . .'. ~ 'If": ~~ INDEXED l"~""'~'''''''''^~- : f'LinrED ~:, '!' " ,'.~'I, ~ ('\:,',,:.',' ~-):. State of Mont., County of Gallatin. ss Filed for record October 14 ,,1971 at 2:00 P.M., and recorded in 8, ook 11 ~f .MI,SCELLA, NEO"US". page'1532 CARL L. STUCKY R"'!'" . .,. 4?/; /? --P_. '7J ,-~--_._-"- ,,-"~Ot d",r. B~e.::'~k-=--,q":..~ ~.e~~=-----_Deputy Rt: City of Bozeman <(! ~ 6{)' f)E~[)[f) R/CIIT-OF- WA V I 15' UTILITY EASEMENT FROM: SARA p RICHARDS SCALE: I"=: 200' " .~ --l ;i f-00 &'~ 0\ ,IOOL- c-.cr ./ ~ "(il - =-_-=-_-=- _ ---:::_=_-=-_=_ ____=_ -=- -=--=_ ~"I_~ _ -= - - - - - - - - - - - - - - - - - - .L: -.f t~tr42;~' w - - ~ ~0 "e-'f- ~ lP.~'J"(, 370 65 ~ ~ 01 ."'l \j ~ w fit, LrN€, SEe. /2 lYE CORNER,' 51Y{/'4, SW/# cPV yI '0C1 r1 [p ~~~1' ot if2-l 6'0\'7 ? V- cJ~ eLl OEEDED RIGIiF- OF - WA Y '-"l , A ~