HomeMy WebLinkAbout80- Lot 10 Bomont Subdivision, Ganser Street Construction Easement
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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.
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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.
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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.
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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
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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.
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Notary Public for the State of Nontrna
Residing at Bozeman, Montnna
My lI!ffiission Expi res
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rlL~ 56 PAGE 1854
THE CITY OF BOZEMAN
"y' d~"" /J. ~~~
Ac.UVLg Mayor
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ERNA V. HARDT ..' G,
~10rk (If the City Commission
STATE OF MONTANA )
APPROVED:
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City ..ttorl1cy
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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__,
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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""
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INSTRUMENT OF POOR
PHOTOGRAPHIC .GlUAUTY
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