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HomeMy WebLinkAbout72- Trunk Water Main Release and Satisfaction R E LEA S E AND SAT I S F ACT ION The undersigned hereby acknowledges receipt of the sum of $330.00 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 tha~ c~:r~a.,in "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 1509. 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 aforesaid covenants. Dated this /1 day of ;;;~1972. /1 "'-,/-; , ct".~---~,i~-"fi ph D. Strozzi // / /' ./ ;' STATE OF MONTANA ) ( ss COUNTY OF GALLATIN ) On this J -1 day of /i-lY-{/. ,1972 before me, the undersigned a Notary Public for the State of Montana, personally appeared Joseph D. Strozzi and Mary K. Strozzi, 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. ((?,--e~/~----- &/, /t ~l.-t:~ Notary PUblic~State of Montana Residing at i ontana My Commission Expires IJ D_~l!Me~. l)T~. ,2-1- 71 . 71LI,/ i"~ .'C~ 1509 EASEMENT AND RIGHT OF WAY AGREEMENT FOR UTILITY LINES AND CONSTRUCTION PURPOSES THIS AGREEMENT, Made and entered into this 29th day of September in the year of our Lord one thousand nine hundred seventy one between Joseph D. and Mary K. Strozzi, husband and wife hereinafter known as the Grantor, parties of the first part, and the City of Bozeman, Montana, a municipal corporation, hereinafter known as the Grantee, the party of the second part, WIT N E SSE T H : WHEREAS, The Grantors are the legal record title owners of Block A, Strozzi's First Subdivision 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 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 assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said utilities and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THERE'FORE, 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 utilities 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 thru the lower portion of Block A of Strozzi's First Subdivision of Bozeman, Montana more part- icularly described as follows: Beginning at the southeast corner of said Block A; thence South 890 52' West along the south line of Block A a distance of one hundred sixty five (165) feet to the southwest corner of said Block A; thence North along the west line of said Block A a distance of thirty (30) feet; thence North 890 52' East a distance of one hundred sixty five (165) feet; thence south along the easterly line of said Block A a distance of thirty (30) feet to the point of beginning. Containing within the above described exterior boundaries 4,950 square feet or .114 acres. Together with a construction easement allowing for trespass and material storage thirty feet in width thru and across the northerly thirty (30) feet of the easterly half of Block B of said Strozzi's Subdivision .. :- It u 1'" ""q:SiO lying adjacent and southerly of the above described easement. said con- struction easement to be in effect only during the construction period and excepting any buildings now constructed thereon. Also a utility easement thirty (30) feet in width thru and across the westerly one half of Block B of said Strozzi' s Subdivision more part- icularly described as follows: Beginning at the southwesterly corner of Block A of said Strozzi's SubdYision thence South 890 52' West along the northerly line of Block B a distance of one hundred sixty five (165) feet; thence South 00 02' East along the west line of said Block B a distance of thirty (30) feet; thence North 890 52' East a distance of one hundred sixty five (165) feet; thence northerly thirty (30) feet to the point of beginning. Containing within the above described exterior boundaries 4.950 square feet or .114 acres and excepting any buildings or structures thereon. Together with a construction easement thirty (30 feet in width thru a portion of Block B lying adjacent and southerly from the above described easement excepting any buildings or structures thereon 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 appur- tenances thereto and for the removing of same 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 it will replace, at its sole expense, all existing fences, ditches and other appurtenances of said land that may be disturbed by its opera- tion 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 backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. ~ i":Ll,I t~. '\G~t511 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. S. 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 the utility lines and appurten- ances. 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 struc- ture 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 pr1V1- leges herein 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 whomsoever. 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 said parties of the first part have hereunto set their hands and seals the day and year first above written. -, / . ,/ )'/) ~ A (/ ,//~ ./_ / tt./ '-t_~/ /~/. . c...-t:/:!-r)VJ MARY , K. STt<<OZZI {/ -:i U ,;':.,; I'~r;. iS12 \ . ATTEST: "I i) . B (a/~ "':\'11 APPROVED: , ' ..,~ c~~ BERt J~~i't;JA~neY -STATE OF MONTANA ) ss. County of Gallatin) On this ..cO'; day of S~&A4tk 1971, before me the under- signed, Notary Public for the State of Montana personally appeared Joseph D. and Mary K. Strozzi, husband and wife, known to me to be the persons that executed the within instrument, and acknow~edged to me that they executed the same. ,\'<" :1.' ii, ,,', .,. IN-WlTNESS WHEREOF, I have hereunto : ,~)" offid.at':'~~l the day and year in this c , ,- . ...\ - , \', (~'> \ -,"" ~,\ '. '-."- ~....'~ ~r::""" set my hand and affixed my tificate first above written. " ,-:: 1\ L ..'~- ....; ~... I ,~ ......... ....... .or'''' ~.... II Nary Public or the State of Montana R~siding at Bozeman, MO~na My Conunission expires :q /~=-- /9,Z:2' 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 DonM. Langohr, Jr., and Erna V. Harding, known to me to be the Mayor and Clerk of the City Conunission 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. '<, I have hereunto set my hand and affixed my and year in is certifice first above written. ic for, the State of Montana Residing at Bozeman, Montana My Conunission Expires q-;<)-. 71 I IN WITNESS WHEREOF, Notarial Seal on the day I c:::' '" ....... ..- ~,\... S .~-' ,; } .('~3' ~-:: ~~,,:,.,-o:I' If>. stat!)'~r Mont. County of Gallatin. 55 Filed for record . October ~_; '19 71 ~t'- ''', . 3t:... D' 'M and recorded in OOOK -1_1_~.o.. L_.}'II..S.Cf,,--~J~..j.\NEOUS. page_J.5.0.9 <, ------*------'-.. -L----J.----- ., /A /J -tf.i. 'J}, c_6:B.r,,_..J,~.u S T!JCKL-~Rccon!er. sy't:'~.$C.t'1 ,~~~______DeputY -Rt:-City of Bozeman . . . TRIANGLE AREA UTILITY a CON ST. EASEMENT .. .,,~? . z .0 It) \I . UJ ..J ~ l.) U) BLOCK I BLOCK A 3 LOUISE NICKEY JOE STROZZI ~ ~ .N o JOE S TROZ Z I D o o z BLOCK B ':>