HomeMy WebLinkAbout76- Barrick, Easement and Right of Way Agreement for Utilities
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32 f'ACE 1845
EASEMENT AND RIGHT OF WAY AGREEMENT FOR
UTILITIES
THIS AGREEMENT, Made and entered into this
21st day of
Apri 1
A. D. 1972--, by and between
DONALD H. &
CHRISTAL B. BARRICK
part~ of the first part,
hereinafter called the Grantors 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...!. are
of Lot l, Block 4, Rearran~nt
more particularly described below,
the legal record title owner~
of Thompson's Third Addi~inn
and
WHEREAS, The Grantee, in the exercise of its power and authority
as a municipality of the State of Monmna, proposes to construct and
install utilities and necessary
appurtenances to serve various properties located within the
southeast portion of 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~ are willing to grant to the Grantee an easement
and right of way across the above described property of the Grantor s ,
and their heirs, executors, administrators, successors and assign;:-
for the purpose of installing, operating, using, repairing, replacing,
maintaining, and removing said utilities and
appurtenances and for such other rights of access and incidental
rights as are hereinafter described, all as hereinafter more particul-
arly provided.
NOW. THEREFORE, in consideration of the sum of $ and other
considerations in hand paid by the City of Bozeman, the receipt where.
of is hereby acknowledged, and in further consideration of the coven-
ants and agreements between the parties hereto. the Grantor s
have granted, bargained, sold. conveyed, and
confirmed and by these presents do 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
installing. operating, using.
removing AI utilities
above described property of-the
of way to consist of a strip of
width ~'6iX
and right of way for the purpose of
repairing, replacing, maintaining and
thereto upon and across the
Grantor s , said easement and right
land t;n (10) feet in
along the southwest property line of lot 1, Block 4. of the
Rearrangement of Thompson's Addition Number Three to the City
of Bozeman, Montana more particularly defined as heginning at
the northeast corner, SW~, SW~. Sec. 18, T2S, R6E, M.P.M., thence
North 890 11' East a distance of eight hundred twenty four (824)
feet, thence South 00 49' East a distance of one hundred twenty
one and four hundredths (121.04) feet to the true point of
beginning, thence South 300 18' East a distance of one hundred
ten and no hundredths (lIO.OO) feet, thence North 590 42' East
a distance of ten (10) feet, thence North 300 l8' West a distance
of one hundred ten and no hundredths (110.00) feet thence South
590 42' West a distance of ten (10) feet to the true point of
beginning. The total area of the easement amounts to 0.022880 acres.
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FILM 32 PAGE 1846
IN WITNESS WHEREOF, The said parties of the first part have
hereunto set their hands and seals the day and year first above
written.
WoJl~jlJ1 &~-1
l~~~',~l '0 I \~O~ J~A~
STATE OF MONTANA )
ss
County of Gallatin)
On this M day of O~ 197,"-, before me, a notary
public in and for said State, personally appeared PdN4&J ~J. ~
CJ.l~/$ t1 I fj. JI;, 4RA,'c k: known t. me to be the person.:!::.. whose
name.r lJ'ur subscribed to the wi thin
instrument, and acknowledged to me that i /1&' r
executed the same.
J1tV
lic for the State of Monana
Re ding at Bozeman, Montana
My Commission Expires
....:"
.Nor ARY PUBLIC for tho Statl! of MOl1tanl
Residing at Bozeman, Montana
M'I Commission expires December 11, 1977
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fiLM 32 PAGE 1847
THE CITY OF BOZEMAN
i ._~, -'-,,./ J"
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~~J:;?/.-.//t1 /~[C~;.~ L
L-/ Mayor
ATTEST:
APPROVED:
, """',""'"",f5 -' ,/"/)
/" '-<'''J-'~~: '7'--'/'l~ ~r/7
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City Attorney J
STATE OF MONTANA )
ss
County of Gallatin)
On this 28t~ day of
April
, 197-h, before me, the
undersigned a Notary Public for the State of Monmna, personnally.
appeared
James W. Vollmer & 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 this Certificate first
above wri.tten.
INDEXED
PLATTED
I
;:-
Nota~ blic for the State ~ontana
Residing at Bozeman, Montana
My Commission Expires
I:> - - 1:>1
,"" ~ :.'),..., .
NOTARY PUBLIC for t:w Stahl or MonLm,'..
';1-,
State of Montana f~()'jdinG ,';': :,'\I::f)W:':1, Monca, .
County of Gallatin } 55. My Comllli5sicJn [;;pircs January 15, 1978
Filed Mav 3 , 1976
at 3:35 P'M.,and
Recorded in book 32 of
MISCELLANEOUS Page 1845
CARL L. STUCKY
B~
Fee $
Rt: City of Bozeman