HomeMy WebLinkAbout99- US West Communications Easement, 1999
R/W #9901 SO 1 MT
EASEMENT AGREEMENT
FltM 198 PM[3~}.35
The Undersigned Grantor(s) for and.in consideration of One Dollar and No/IOO Dollars
($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do
hereby grant and convey to US West Communications, Inc., a Colorado corporation, hereinafter
referred to as "Grantee", whose address is P.O. Box 1716, 1022 Chestnut, Helena, Montana 59624
its successors, assigns, lessees, licensees and agents a perpetual easement to construct, reconstruct,
modify, change, add to, operate, maintain and remove such telecommunications facilities, electrical
facilities and gas facilities, and appurtenances, from time to time, as Grantee may require upon, over,
under and across the following described land situated in County of Gallatin, State of Montana, which
the Grantor owns or in which the Grantor has any interest, to wit:
An easement Ten feet (10') in width located in Annie Subdivision - Phase I and II,
being Tract 1 of Certificate of Survey No. 1240H, situated in a portion of the NEl/4
& SEl/4 of Section 2, Township 2 South, Range 5 East, P.M.M., Centerline of said
easement is more particularly described as follows: commencing at the Southwest
corner of the Tract identified as Rose Park; thence East 5.0 feet to true point of
beginning; thence North 30.0 feet; thence East 684.19 feet more or less to end.
Grantor further conveys to Grantee the following incidental rights:
(1) The Grantor Reserves the right to occupy said Easement with roadway
improvements including but not limited to structural material, sidewalks, curb and
gutter, pavement, and driveway approaches, and the right to cross said Easement with
public utility mains or services. The Grantor reserves the right to require the Grantee
to adjust or relocate it's facilities if said facilities conflict with proposed roadway or
utility improvements.
(2) The right of ingress and egress over and across the lands of Grantor to and
from the above-described property and the right to clear and keep cleared all trees and
other obstructions as may be necessary for the Grantee's use and enjoyment of the
easement area.
Grantee shall indemnify Grantor for all damage caused to Grantor as a result of Grantee's
negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for
pre-existing environmental contamination or liabilities.
The Grantor reserves the right to occupy, use and cultivate said Easement for all purposes not
inconsistent with the rights herein granted.
Grantor covenants that he/she/they is/are the fee simple owner of said land or in which the
Grantor has any interest and will warrant and defend title to the land against all claims.
filM 198 P~,CE3936
Grantor hereby covenants that no excavation, building, structure or obstruction will be
constructed, erected, built or permitted on said easement area.
The rights, conditions and provisions of this easement shall inure to the benefit of and be
binding upon the heirs, executors, administrators, successors and assigns of the respective
parties hereto.
Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration
in accordance with the applicable rules of the American Arbitration Association, and judgment upon
the award rendered by the arbitrator may be entered in any court having jurisdiction thereof The
arbitration shall be conducted in the county where the property is located.
Dated this 15th
day of
March
,1999.
CITY OF BOZEMAN
~-----
CLARK V. JOHNSON
Its City Manager
ATTEST:
~J~
Clerk of the City Commission
STATE OF MONTANA)
ss
County of Gallatin )
, _'+'1 '-Y'1I . .
On this /:"'.;J day of / /Ld!--C..LL
, 19 99, before me, a Notary Public for the
State of Montana, personally appeared Clark V. Johnson and Robin L. Sullivan, known to me to be
the persons who executed the foregoing instrument as City Manager and Clerk of the City
Commission 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.
IN WITNESS WHEREOF, I have hereunto set my ~&nd and affixed my official seal as of the
day and ye,ar first above, "written. .~" .: ", " " "
390{101 .
1- '. t..,.,
State oj Mont.. County oj GaLbtin. ss Fili<cf fo, r r,ceo, rcl , MA Y //-;;1- , '." ,;",;),,' ~.
/: / ('- \. . , ," " "
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MISCELLANE,gUS pane 3935 _ ~~ ~. = Reill ?Notary l'11btiC;fO(~h"ST,t~te ,;(MO"ntana
FEE: $12.00 By ~ _ __fit_ _ __1J<iPut)' Residing: ~?t:.:y~.u'
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