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.
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ph D. Strozzi // /
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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
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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.
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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.
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MARY , K. STt<<OZZI {/
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ATTEST:
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APPROVED:
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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
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set my hand and affixed my
tificate first above written.
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....... .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
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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
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c_6:B.r,,_..J,~.u S T!JCKL-~Rccon!er. sy't:'~.$C.t'1 ,~~~______DeputY
-Rt:-City of Bozeman
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TRIANGLE AREA UTILITY a CON ST. EASEMENT
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BLOCK A
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LOUISE NICKEY
JOE STROZZI
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JOE S TROZ Z I
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BLOCK B
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