HomeMy WebLinkAbout87- Bozeman Creek Roads to USA Easement
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169982
State of Mont.. County of Genetln. ss Flied Jur rEleorrl Ma r c h 31 s t
at ' 11: SOA M., and reoorded 111 Book 96 'of MISCELLAclEOUS
qnald J(. <11'lnz Recorder. By 9(2ng~ ~ ~;?~
USDA FOREST SERVICE
Corporation
Exis ting Road
EASEMENT
TIII$ EASEMENT, duted this / C day of .i!1~ , .!2Q1, from the CHy of
llozemnn, I) municipal corporation of the County of Gallatin, State of MonLana,
hereinafter called "Grantor," to the UNITED STATES OF AMEHICA, hereinafter
called "Grantee," whose address is Washington, D.C.. 20013.
WITNFSSE'I1I:
Grantor, for and in consideration of $4,500.00 received by Grantor, does Ilereby
grant to Grantee and its assigns, subject' to existing eascmenl;s and valid
righ ts. a perpe tual easement for Bozeman Cr_~ek 1~<2..ads,_!:!2~..:..........212..3~ and 9I2.~2' over
and across a s trip of land, hereinafter defined as the "premises." over and
across the following described lands:
1~~3 s.. n. 7 E.. P. M. M.. Gallatin Coun ty. Man tana
Sec. 31, Lot 3, NE1/1ISW1/11, NW1/1ISE1/1j, NEI/IISE1/ll, Lots 6, 7
T. 11 S.. n. 7 E.. P .M.M.. Park CounLy:. MonLana
Sec. 5, Lots 11, 3. SE1/IINWl/ll, SWI/IINWJ-!II, NW1/IISW1/11
The word "premises" when used herein means. said s trip of land. whe ther or no t
there is on existing road located thereon. Except where it is defined lIIore
specifically. the word "road" shall mean roads now exis ting or hereafter
constructed on the premises or Bny segment of such roads.
The location of said premises is shown approximately on Exhibit A.. , attached
hereto.
Said premises shall be ~Leet on each side of the centerline with such
additional width as required for accommodation and protection of cuts and
fills. If the road is located substantially as described herein, tile centerline
of' said road as constructed is hereby deemed accepted by the Grantor and GranLee
as the true centerline of the premises granted. If any subsequent survey of tIle
road sInws that any portion of the road. although located substantially as
described. crosses lands of the Grantor not described herein, the easement shall
be amended to include the additional lands traversed; if any lands described
herein are not traversed by the road as constructed. the easement traversing the
S811lB shall be terminated in the manner hereinafter provided.
The acquiring agency is the Fares t Service. 'Depar tmen t of Agdcul ture.
This gran t is made subj ec t to the following terms. provisions. and condi Lions
applicable to Grantee. its permittees, contractors, and assigns:
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A. Excep t as hereinaf tel' limi ted, Gr'an tee shall have the righ t to use the
road on the premises without cost for all purposes deemed necessary or
desirable by Grantee in connection with the protection,
administration, management, and utilization of. Grantee's lands or
resources, now or hereafter owned or controlled, subject to such
traffic-cont.rol regulations and rules as Grantee may reasonably impose
upon or require of ot.her users of the road. Grantee shall have the
right. to construct., reconstruct, and maintain roads within the
premises.
Grantee alone may extend righ~s and privileges for use of the premises
to other Government departments and agencies, States, and local
subdi visions thereof, and to other users including members of the
public.
B. Grantee shall have the right to cut timber upon the premises to t.he
extellt necessary for constructing, reconstructing, and maintaining the
road. Timber so cu t shall, unless 0 therwise agceed to, be cu t in to
logs of lengths specified by the timber owner and decked along the
road for disposal by the owner of such timber.
This easement is granted subject to the following reservations by the Grantor,
for itself, its permittees, contractors, assigns, and successors in interest:
1. The right to use the existing road described herein for all purposes
deemed necessary or desirable by Gran tor in connec lion wi th the
protection, administration, management, and ut.ilization of Grantor's
lands or resources now or hereafter owned or controlled, suyjgct,
howcvQE., to traffic-control regulations as Gl'antee may reasonably
impose and the bearing of road maint.enance costs proportionate to use,
in each case as authorized and provided by the regulations of the
Secre tary of 1\gricul ture and as they lllay be amended and published in
t.he Code of Federal Regulations.
2. The right to cross and recross the premises and road at any place by
any reasonable means and for any purpose in such manner as will not
interfere unreasonably with the use of the road.
3. The right to all timber now or hereafter growing on the premises.
subject to the Grantee's right ,to cut such timber as hereinbefore
provided.
If the Regional FOrester determines that the road, or any segment thereof, is no
longer needed, the easement traversed thereby shall terminat.e. The termination
shall be evidenced by a statement in recordable form furnished by the Regional
Forester to the Grantor or its successors or assigns in interest.
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IN WITNESS WIIEllEOF, Gran tor has caused this ins trumen t to be execu led by its
duly authorized officers and its corporate seal to be hereunto affixed on th13
day and year first above written.
crTY OF BOZEMAN
BY~^-llL:-.ut. ~. 1'Y\;:Jt~
J HhA. Mathre
Mayor, City of Bozeman
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ACKNOWLEDGMENT
STATE OF MONTANA )
) ss.
County of Gallatin )
On this -1..t- day of Ilf!~ ,.!..9lrr, bef01~e me, the lInderS\~n~~ a Notary
Public in and for the State of Montana, personally appeared Jud,)t tiathre, known
to me to be the mayor of the City of Bozeman, the corporation that executed the
within instrument, and acknowledged to me' that such corporation executed the
same.
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IN WITN~~ t!.ItJ~IH~Ei. I have hereunto
day an.4'~l1I" 'fi'l'~t' '&~bve wri t ten.
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hand,and affixed my official seal the
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Notary Public tor . e Stao/'f "ontana
lIesiding at ~ ~
My commission expires ' J I
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OFFICIAL RECEIPT
. THE CITY OF BOZEMAN
Office 01 Director 01 Finance
56345
Bozeman, Montana.
June 22,
19 87
. S 4500.00
RECEIVED OF
U.s. Treasurv
Four thollsand five hundred d 11
-- --~--~_ 0 ars and n%o
Dollars
The sum of
on account of
RiRht-of-Wav Easement.
Bozeman Creek Roads0979.3 & 979.5
4110-3699-00
J.E.
Water
Fund
MiraI D. Gamradt
j r Ol'llC1or 01 "'-""
NOTICE TO CHECK RECIPIENT
VENDOR NA.lAE: C I T Y 0 F B 0 Z E MAN
USDA-NFC, POBOX 68808
AGENCY NAME} NEW 0 R LEA N S, LA. 7 1 6
~:i~ING ~~tt ~~~E2 ~~8a~!22 ~~0323
r RIGHT-Of-WAY EASEMENT
; eOZEMAN CR RDS #97913 & 979.5
_ GALLATIN NATIONAL FUREST
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~ CREDIT ACCT OF USDA - FOREST SERVICE
~
TREASURY.FINANCIAL MANAGEMENT SERVICE TFS FORM llO39 (Bey.,
VENDOR I.D. 6 8 I T M 11K 0 5 7 4
NUMBER:
KANSAS CITY, J(S
CHECI AWOUNT
'***4500*00
US TREASURY REG,
FINANCIAL CENTER:
CHECK NUMBER
3084-56800782
AGENCY TELEPHONE NUVBEIl
504-255-5370
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)
PLEASE DIRECT ANY INQUIRIES CONCERNING THIS PAYMENT TO THE AGENCY AT 1m ADDRESS tOR TELEPHONE NUVBERl INDICATED ABOVE.
___...i.___~_~
---- - &- - ~ -- -
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1
USDA FOREST SERVICE
Corporation
Existing Road
EASEMENT
THIS EASEMENT, dated this !~-i:." day of j//;1/c(ij ,1987, from
Bozeman, a municipal corporation of the County of Gallatin, State
hereinafter called "Grantor," to the UNITED STATES OF AMERICA,
called "Grantee," whose address is Washington, D.C. 20013.
the City of
of Montana,
hereinafter
WITNESSETH:
Grantor, for and in consideration of $4,500.00 received by Grantor, does hereby
grant to Grantee and its assigns, subject to existing easements and valid
rights, a perpetual easement for Bozeman Creek Roads Nos. 979.3 and 979.5, over
and across a strip of land, hereinafter defined as the "premises," over and
across the following described lands:
T. 3 So, Ro 7 E., P.MoMo, Gallatin County, Montana
Sec, 31, Lot 3, NE1/4sW1/4, NW1/4sE1/4, NE1/4sE1/4, Lots 6, 7
T. 4 S.. Ro 7 Eo, P.MoM., Park County, Montana
Sec. 5, Lots 4, 3, SE1/4NWI/4, SWI/4NWl/4, NW1/4sWlj4
The word "premises" when used herein means said strip of land, whether or noL
there is an existing road located thereon. Except where it is defined more
specifically, the word "road" shall mean roads now existing or hereafter
constructed on the premises or any segment of such roads.
The location of said premises is shown approximately on Exhibit _~, attached
hereto.
Said premises shall be 30 feet on each side of the centerline with such
addi tional width as required for accommodation and protection of cuts and
fills. If the road is located substantially as described herein, the centerline
of said road as constructed is hereby deemed accepted by the Grantor and Grantee
as the true centerline of the premises granted. If any subsequent survey of the
road shows that any portion of the road, although located substantially as
described, crosses lands of the Grantor not described herein, the easement shall
be amended to include the additional lands traversed; if any lands described
herein are not traversed by the road as constructed, the easement traversing the
same shall be terminated in the manner hereinafter provided.
The acquiring agency is the Forest Service, Department of Agriculture.
This grant is made subject to the following terms, provisions, and conditions
applicable to Grantee, its permittees, contractors, and assigns:
2
A. Except as hereinafter limited, Grantee shall have the right to use the
road on the premises without cost for all purposes deemed necessary or
desirable by Grantee in connection with the protection,
administration, management, and utilization of Grantee's lands or
resources, now or hereafter owned or controlled, subject to such
traffic-control regulations and rules as Grantee may reasonably impose
upon or require of other users of the road. Grantee shall have the
right to construct, reconstruct, and maintain roads within the
premises.
Grantee alone may extend rights and privileges for use of the premises
to other Government departments and agencies, States, and local
subdivisions thereof, and to other users including members of the
public.
B. Grantee shall have the right to cut timber upon the premises to the
extent necessary for constructing, reconstructing, and maintaining the
road. Timber so cut shall, unless otherwise agreed to, be cut into
logs of lengths specified by the timber owner and decked along the
road for disposal by the owner of such timber.
This easement is granted subject to the following reservations by the Grantor,
for itself, its permittees, contractors, assigns, and successors in interest:
1. The right to use the existing road described herein for all purposes
deemed necessary or desirable by Grantor in connection with the
protection, administration, management, and utilization of Grantor's
lands or resources now or hereafter owned or controlled, subject,
however, to traffic-control regulations as Grantee may reasonably
impose and the bearing of road maintenance costs proportionate to use,
in each case as authorized and provided by the regulations of the
Secretary of Agriculture and as they may be amended and published in
the Code of Federal Regulations.
2. The right to cross and recross the premises and road at any place by
any reasonable means and for any purpose in such manner as will not
interfere unreasonably with the use of the road.
3. The right to all timber now or hereafter growing on the premises,
subject to the Grantee t s right to cut such timber as hereinbefore
provided.
If the Regional Forester determines that the road, or any segment thereof, is no
longer needed, the easement traversed thereby shall terminate. The termination
shall be evidenced by a statement in recordable form furnished by the Regional
Forester to the Grantor or its successors or assigns in interest.
3
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its
duly authorized officers and its corporate seal to be hereunto affixed on the
day and year first above written.
CITY OF BOZEMAN
By J~~l-~~~~:;:;t~j~:l {rl~,-, r-'
Mayor, City of Bozeman
Attest:
By ~~t~ ~',~; lb:',:4__.
Ti tle
Clerk, City Commission
City of Bozeman
Corporate Seal
ACKNOWLEDGMENT
STATE OF MONTANA
ss.
County of Gallatin
On this Ifpd day of fht1..J...d ,.!.9Jrr, before me, the undersigned, a Notary
Public in and for the State of Montana, personally appeared Judy Mathre, known
to me to be the mayor of the City of Bozeman, the corporation that executed the
wi thin instrument, and acknowledged to me that such corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto
day and year first above written.
my official seal the
Seal -
Notary blic for the State of Moptan~
Residin at ~ '
My commission e ires '~ jqY1