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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 .~.'~"~_-::l.lr~~ ~.~e;:'..:"~~~') :'=,.~,,:: iI 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,;", '.:":"'(' 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 ""J r <,"1 .c.(l'-; t.1.~I~,:1r- T l.~ ...: 1 '! ,":"1 ,- '". : \ ~:~ I'J 0: -, :': ., "1' f"T"l,! ,.\ -, t" .,- -- ~~ -, . ,:~, Y" '. >" . :~'. ~-:~ =: ~ ..~'- ;~ ,:: 1 ;.=:~ --)) ~-,,:: "\F i=lt0~S2C~~S~ J.~ t~"'. , J"\ E. i"'" +- - ~ )-:: '- .. ~ . "-' ) .~,' 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~ . ' ,~~ 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~ .' . , . ,.; 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. / ,,/ ATTEST: / "'- 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": . " ". ,. v " '. , " ! ' ' , I'" " j t. , , ' ~. ~t ~ ~ -4- . .., .. ;-IJ ,1.1(' ~,,-,: :I 525. THE CITY OF BOZEMAN By: WILLIAM GRABOW, Mayor ATTEST: .~\.'~,.;~.;;.'.:g~~<v // ~:t",4 .) .,' "'!,)j:RNA' V :,HARDING, / ./ ~~. , .II:l'. ,} '.Cle'rk qfr':, the City Commission ';', (\0'::' A'PPRcWIID : 1,.. J..,:", ,~ " .. 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. r. J; /' ~ .'\ .", . ,... " .' :) .... ,<( ~;~ :.: .' ..... "\.- <"\ \ "" ":<; ":'~ ....\. . - ,"..,1, t!'t .,~ .II" ~ .~"'" ~...... Notary Public for the State of Montana, Residing at B07.eman, Montana My Commission Expires q- /5' 71 ,--" " /:>- .'... ",.. ' -'1... ........ .' , I [." C'~ ". , . '\ ..... .'.; ~:~,"( ~~ !,'"',<~~1,~, ' ' ; .'LATrED : ----~---...........;.:...:.:....:"- 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. 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