HomeMy WebLinkAbout72- Aldburg Realty Easement and Right of Way Agreement
,l. 16 ;!r,~' 521'
EASEMENT AND RIGlIT OF WAY AGREEMENT FOR
THIS ACREEMENT, Made and entered into this 27th
day of
Sel)l:Cl:lber
A. D. 197~, by and between
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part~ of the first part, hereinafter called the Grantor and
THE CITY OF BOZEMAN, a municipal corporation 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 l~ the legal record title owner___
of portions of the 'C""t 1, ~'-', ~~,'-;:~ "L,' ''_, -::"'-,
to the City of Bozeman, Montana more ,particularly described below.
WHEREAS, the Grantee, in the
as a municipality of the State of
install ~!'5~y ii~es
to serve various properties located within the
portion of the City of Bozeman and one or more
the Grantors land" and
exercise
Montana,
of its power and authority
proposes to construct and
necessary appurtenances
2, (y' "., .~.~ 1,0,;",
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such lines would run across
WHEREAS, the Grantee desires to acquire from the Grantor , and the
Grantor ' 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,fur the purpose
of installing, operating, using, repairing, replacing, maintaining, and
removing said_, ,-". ,"'- .~ :~, " , , and appurtenances and for
such other ri ghts~--of access an'd inCidental -rights as are hereinafter
described, all as hereinafter more particularly provided.
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_ ',n,
granted, bargained sold, conveyed, and confirmed, and by these presents
'>"c; hereby grant, bargain, sell, convey, and confirm unto the said
Grantee and its successors and assigns the following rights and privi-
leges forever:
1. A perpetual easement and right of way for the purpose of install-
ing, operating, using, repairing, replaci.ng, maintaining and removing a
~'~~-~ .~~ ,(: thereto upon Bnd across the above
described property of the Grantor , said easement and right of way to
consist of a strip of land ~::,':~:; (3:::: feet in width lying
and being ,1.0:;:-0 ;~,,'rti2~-,l,n':J_y ,"e~;.-::':::'>ec1 a,; ~.:,J<_;:,:':,;:
"_._:1 E'~ :,~.1 2 {-:~. 'l':'::~ ~l t t >-:~ i"1:" t Y .C c. e, t --r: :ri. d e C u .,,~- ;.: :: 1 Q C. 0 ~.~_ 2 t ~=- tL.,:. t :5_ CO) -::-~ 2; ,1 n,.,:.~.~. :..:'1. .~= e ~,::l..-,~ '~~ C i.) ::~
t1~_~ :,~1:r L=~~-i.'::.:l~'~ '/P,L:(~::::.i"12.~L-'\, ~"':~lru ,::': L.ra.cl~ (.:{ ~_,~.~.,...,.l ~;=~.'~'.~:~"'~,(.~.,-1 ~~_- t:le :ra.s"'= .:~.~:',e
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.~,' J,':'1~',:~ "t:.~(! \tcster~'_y ~_~;_".:.C :1f 8.~?ir~ e,11~;t 0"0,2. :-:,:::.1~:- (;': ~~.l:'~ ~,:.~C~",t:"l.e:(~.st .'11",(...
~'J8,rter !)f sai,l ~~ect:.o~~ 11, and ~he sout~erly
C.2. IS1 ~s ~Ot~ co."St~uCt2~) sai.0 ~ciTIt ~)Gi~g
3 ~is~~,~ce ():~ fifty (50) feet fro~u ce~t2rli~e
i.!. t 0 f .' -: ,?,:7 ,l. :L :'-1, (~': ') :;~
2lso nt ~i.g~~ ~~:.;~2S
t~:~ t ior~,. 3:;,7 -',- !~O 02
t t,J 1 r 51)2
...'- r'!. ,~ :, ~ 'J;,.
U It,. ) ':../1 tl1e.n.ce :.~OUt~1 ('10 01 t .3011 rl~ctst .1. dist;.:':,nce or o"(),(~ hU"l1.(lre/!.
~~ '" .;... ... "
fift:r (lsn) feet; thence S 88" 58' 30" East .'l distance of' thirLY
(10l F(""t" 1"hence 0" Ol' 30" I'Jest a distence of (Yn.e h1Jn(~rprl seventy
Il;n~ ;~~ ~o;ty ~hree hundredths (179.43) feet to a point of intersection
I 1 hE] , ~ " 1 .. c' --I-", 11"7'1,r . 01' ~"">--lCt-
'iith the sout'er y ri2 t O.L ~ray _lne 0:;: S2)(, l'. '_'. ~,.Lg," "-, -'- _ , ~,._",l -c
, 30" 1 ",. " ~ l' L 0 't "e r,-i', ~ 0,10
South !f2" :~l -.' '-Jest 8,o"g sine. r3_?l1C OJ: ...ny ~J.',"e '-" ," ,,'C, ,,'
b e,g~ i l~_Yli ~lg .
Cont2ining within the above described exterior boundaries 49hl.45
square Epet or .0111 acres.
Also a cunstruction easement thirty (30) feet in width lying easterly
and adjacent to the above describpd ea0ement.
2. The perpetual right of ingress and egress to and from said
tract of land at all resonable times for the purpose of installing,
operating, using, repairing, replacing and maintaining said
utility lines 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 follows:
I. That, in connection with the installing, operating,
using, repairing, replacing, maintaining and removing
of said sanitary sewer pipe line it will replace, at
its sole expense, all existing fences, ditches and other
appurtenances 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 which-
ever is less, and stockpile said topsoil away from the
site any large rocks or surplus excavated material or
any kind of the site any large rocks or surplus excavated
material or any kind of debris that may have been ex-
posed 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.
3. To operate, use and maintain said utility
pipeline 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 remov-
ing said utility lines the Grantee will reimburse the
Grantors for any actual damage done to the Grantors
premises or crops.
5.
The Grantees 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 utility lines unless such structure is built, con-
structed and maintained in such a manner that it would
not interfere with the operation, use, repair, mainten-
ance, replacement and removal of said utility lines.
-2~
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,~~ 4 lh ,"~ . 523'
2. That the Grantee may peaceably hold and enjoy the rights
and privileges 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, administra-
tors, 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~
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, . ,.; 16 ,};,;: 524
IN WITNESS WHEREOF, The said parties of the first part have here-
unto set their hands and seals the day and year first above written.
iILDBU;lG l\EALTY, me.
/
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ATTEST:
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"'- 7!.- , , , '/1'
Bv'( /, L.t">/' (-:-:~),t 1- -"'--.c-i LL-l
.~->"<, -- - .
fresident
tl)&-{Cl.(.,~,c-fw',~{.;:;t/!~.t
Secretary
STATE OF MONTANA )
ss
County of Gallatin)
On this ,,(.:r~ day of ~-AtN in the year 19?~,
h~re me, a N~ry ~hliC in and for said State pe~all~ appeared
n,-t'L...-- l i. -j(~ L known to me to be the LLct..i ~ ~ ~~ .r
~r9Q~~::; of the c~poration that executed the within instrument or
the person who executed the instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
~~~,
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Cotmnission EXPiresn d 19 ?J":
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525.
THE CITY OF BOZEMAN
By:
WILLIAM GRABOW, Mayor
ATTEST:
.~\.'~,.;~.;;.'.:g~~<v // ~:t",4
.) .,' "'!,)j:RNA' V :,HARDING, / ./
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,} '.Cle'rk qfr':, the City Commission
';', (\0'::'
A'PPRcWIID :
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STATE OF MONTANA )
ss
County of Gallatin )
I [It L
On this 0<..'") ~ day of 7(:-:;pjt:')lil3t.1L 1972, before me,
the undersigned a Notary Public for the State of Montana, personally
appeared William Grabow and Erna V. Harding, known to me to be the
Mayor 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 hand and affixed my
Notarial Seal on the day and year in th s ertificate first ahove
written.
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Notary Public for the State of
Montana, Residing at B07.eman,
Montana
My Commission Expires q- /5' 71
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; .'LATrED :
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State of Montana
County of Gallatin } 55.
Filed... October--.1_? , 1972
aL_HO,.E_!_ M" and
f~ecorded in bOOk_16__, _of
JYlJSCELLANEOUS __Pdge~.
CARL L. STUCKY
By ~t'ik" f'-;d~ .~
Depu(y
Fee $ --
Rt: City of Bozeman
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