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HomeMy WebLinkAbout80- Lot 10 Bomont Subdivision, Ganser Street Construction Easement /', ."-_:~ ,;,,' e e fll~ 56 PAGE 1850 EASEMENT AND RIGHT OF WAY AGREEMENT FOR Street Construction THIS AGREEr~ENT, ~~ade and entered into tt1is__t?!th __ day of Ma~__ A. D. 197.!!._, by and between Nea 1 Ganser .__~____ partL of the first part, hereinafter called the Grantor . and THE CITY OF BOZEMAN, a municipal corpor- ation of the State--of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WIT N E SSE T H : WHEREAS, The Grantor the legal record title owner of Lot 10 Rnmnnt Sllhrl i vi ~ i on WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a asphaltic pavement and necessary appurtenances to serve various properties located within the northeast portion to the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS, The Grantee desires to acquire from the Grantor , and the Grantor , is willing to grant to the Grantee an ease- ment and right of way across the above described property of the Grantor , and heirs, executors, administrators, successors, and assigns, for-thepurpose of installing, operating, using, repair- ing, replacing, maintaining, and removing said asphaltic pavement and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particul- arly provi ded. NOW, THEREFORE, in consideration of the sum of $ ---- and other considerations 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 Grantor has granted, bargained, sold, conveye~ and confirmed and by these presents does 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 installing, operating, using, repairing, replacing, maintaining and removing a thereto upon and across the above described property of the Grantor , said easement and right of way to consist of a strip of land--- feet in width being more particularly described as follows: Beginning at the point of tangent of curve No.1, on the norbherly right-of-way of Gold Avenue, in said Lot 10; thence South 70 351 22" East, along said northerly right-of-way, a d~stance of 22.0 feet, to the true point of beginning; bhence North 19 24' 38" East, a distance of 20.0 feet; tsence South 70 351 22" East, a distar'ce of 100.0 feet; thence South 19 24' 38" West, a distance of 20.0 feet, to the northerly right-of-way of Gold Avenue; thence North 700 35' 22" West, along said northerly right-of-way, a distance of 100.0 feet, to the true point of beginning and containing 0.046 acres. e e ,. j m~ 56PAGE1851 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 asphaltic pavement 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 Grantor___ as follf)ws: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said asphaltic pavement it will replace at its sole expense, all existing fences, ditches and other appur. tenances of said land that may be disturbed by its operation in 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 for replacement over the trench, and will remove from the site 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 substan- tially 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 asphaltic pavement in 8uch 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 shodd become necessary for the .Grantee to re.enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. .2- (I e , . s. FilM 56 P~GE 1852 The Grantor__ hereby c~venants 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 asphaltic pavement unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repa~r, maintainence, replacement and removal of said asphaltlc pavement . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor or his 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, administrat~rs, 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, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. -3- - e IN WITNESS WHEREOF, The hereunto set their hands and written. FILM 56 PAGE 1853 said parties of the first part have seals the day and year first above ,,' ~I i}!~ ~' ~-',.:~. ss ,) STATE OF MONTANA ) County of Gallatin) On this -Z..'l!!-day of ~//<:!!At..kJz: 1971-, before me, a noUlry public in and for said State, personally appeared 4/EAL E. C~~ I JE-/JA/ "tj C/f..u5CR- known t6 me to be the person 2_ whose name 5 a re- subscribed to the wi thin instrument, and acknowledged to me that _~ executed the same. \ I., t:, .(" , ',.f"." ~/'" . .....~r.., ...~ "~'" '~" "~I {'N or..,~ .~?, ~' , : _ '-" I ' ; :~1> : ~ .' ,'), ............. : .... ~ .,. l../ []" , !" : ~ ~:, ~.lt : L. . '-0# . fit. . ,:. '0;;: ~.. ." ~ ,,> -.. ".. $' ~" ,(' .......::,..''.'. \," ~, ~" '\:, ." ,,' ,lh1" "i. 'Ij' \\t\" IJII, IIt'J1 d -5~ 4 5~ Notary Public for the State of Nontrna Residing at Bozeman, Montnna My lI!ffiission Expi res . , ~___l.~8- / ____... I -4- apFi'lU c(ti.l Jame;., W. Vo.umeJt aVLd EtLVLa V. HatLcUVLg known . . .. , ' .' rlL~ 56 PAGE 1854 THE CITY OF BOZEMAN "y' d~"" /J. ~~~ Ac.UVLg Mayor ,,'fTE3'::: : ..' ..~'."--''/~ ~ pp,C. .' .,//?'Z~ //., ~,. z ' ERNA V. HARDT ..' G, ~10rk (If the City Commission STATE OF MONTANA ) APPROVED: _1!!:Y4.4 / City ..ttorl1cy ss County of Gallatin) On this _-1Q.,__< day of ____~l!;Y___,__, 19i .l.a before me, the 'J ndcr s i gl"''.rI Notary l'ubUc f(Il' th~ State ':'[ Ilonta :',a, pi..!rsonn,,:ily. ['.. me to bt:o the Havor and Clprk uf th,~ City Commission respec.tively 0, ;-ll" Ci'-y <:'If flozen';tI, WhOM' c,,',r.,."f', a~:'e But,~;l'~:ib(d ':" the within ".':lr:t 1:1;,.'r (.,uti acknoulcdg(>d t.,. me rhat th.>.y t'x,ccuted the same tc :..'; nt,i '..\[1 ~)<"hal f of 11'.. iel f.; j t ~ '. I~<I '\'<f.';:,:mss WHEl<EOF. I h,';':t~ tterpunto set: my h{~tld:md affixed m,! Notnrl.3.1 Scrll on th~~ rillY /lnti vear in th::'s CerUf},'at(! firf't above wr j t: te.'rl.. _L~Yv..__~__.__ lie fo:': the State of Montana Residin at Bozeman, Montana My Commi.ssion Expires _~~-:.Ji:L__, f7..J- f l()3 St",t~ 0.( ~~..,t.. Coullfw of Gallatin. 8S Filed for record JUNE 11, 1880 at _ 8: 55 A M., aM NCOI'ded In Book 56 f!h1I SCELLANEOUS pa~e.J_~.50 ~T: C~;~F~O;= ,Jl~p<~- By ~7~n"" \ ~."'oWn ~ ~PvmD \ INSTRUMENT OF POOR PHOTOGRAPHIC .GlUAUTY <.\' , ~ i . ,t.,,r;_~. .J. -'"' ,.}""i t.'" r_, "..".' ".. iI. 'l{";I., ~ .1. T ."~''''' (l>, , ') tiifl! i f'~ i. \A::, d E ~'~,.I~ /\ ~'\ ~ :; ~\i ,\ ~\) '~~"~ "~r.:~,>~, ::~,) :~t ;;" ;\\j'i. " i'1~' Ii ~,,,,, . / 'I \ , U 1. ~ I' ,~ FILM " 56 P~GE 1855 \~ '.... ," '1"1(:o-:i'l~.:..;r.','-~~~;',~ .'Ii"j.- ! ~ / ~ ~ , ~ i, ! ~ h a ~ ~J -to ~