HomeMy WebLinkAbout90- Benolken Public Utility Easement, 1990
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rlLM 13.3 P,\Ct3995
PUBLIC UTILITY EASEMENT
LEO A. BENOLKEN of 704 N. Rouse, Bozeman, Montana,
hereinafter referred to as grantor, in consideration of having a
portion of Cottonwood Street vacated, and for other good and
valuable consideration, receipt of which is hereby acknowledged,
grants to the CITY OF BOZEMAN, a municipal corporation and
political subdivision of the State of Montana, hereinafter
referred to as City, its successors and assigns, a 30' wide
perpetual easement in the vacated Cottonwood Street right-of-way
for use by the City for public utilities, stream access and water
well development with the centerline of said easement being
described as follows:
Beginning at the southwest corner of Block 118 of the
Northern Pacific Addition to the City of Bozeman,
Montana; thence east along the south line of said Block
118 a distance of 168.1 feet; thence south on a line
parallel to the west line of Church Avenue a distance
of 30 feet to the centerline of Cottonwood Street;
thence west along the centerline of Cottonwood Street a
distance of 168.35 feet to the intersection of the
centerline of Cottonwood Street and the west line of
Rouse Avenue; thence north along the west line of Rouse
Avenue a distance of 30 feet to the point of beginning.
The grant includes the right of the City, its successors,
permittees, licenses, and assigns and its and their agents and
employees, to enter at all times upon the above-described
easement in order to survey and establish the route and location
of the easement and to:
1. Construct, operate, patrol, repair, substitute, remove,
enlarge, replace, and maintain public utilities and any
pipeline, services, connections, accessories and
appurtenances thereto; access the stream located
thereby and construct, install, operate and maintain a
water well and necessary equipment and appurtenances.
2. Trim, remove, destroy or otherwise control any trees
and brush inside or outside the boundaries of the
easement which may, in the opinion of the grantee,
interfere or threaten to interfere with or be hazardous
to the purposes aforementioned.
3. Grade the land subject to this easement and extend the
cuts and fills of this grading into and upon the land
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rrL ~ 133 Pf\Cf3996
adjacent to that which is subject to this easement to
the extent the grantee may find reasonably necessary.
Grantor agrees not to encroach upon nor interfere with
City's use of said easement as herein set forth.
The terms, convenants and provisions of this easement shall
extend to and be binding upon the heirs, executors, administrators,
personal representatives, successors and assigns of the Grantors
and inure to the benefit and be enforceable by the City, and its
successors and assigns.
Dated this /~ day of
fJbC.EH I3E" R..
, 1990.
d~ a: ,/3~
LEO A. BENOLKEN of
704 N. Rouse
STATE OF MONTANA
ss.
County of Gallatin)
On this /? day of l?&CID'fijElC , 1990, before me,
a Notary Public for the State of Montana, personally appeared
LEO A. BENOLKEN of 704 N. Rouse, known to me to be the person
whose name is subscribed to the within instrument and acknowledged
to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
seal and year first written above.
NOTAR UBLTC f reS ate of Montana
Re s idg, a<t;"~~iil~man, Mon tana . My
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267907
Slale of Moll. Cof8Ity Of 8811...... 8. flied fer ..... JULY 14 19 93
at 3: 52 P II.. and recorded In Book 133 of MISCELLANEOUS~':'-
Sh n M' ~ wv 3995.
e ef . Cheney RIcordIr. ., GlVtl 0 ~MCll Depltty
$12.00
CITY OF BOZEMAN
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