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HomeMy WebLinkAbout71- Hicks, Burkenpas Easement and Right of Way Agreement 1-' . . , i 1 " 'j ,-.i.' , r tL M 1.:1 rJ.GE 1S93 EASEMENT AND RIGHT OF WAY AGREEMENT FOR UTILITIES LINES THIS AGREEMENT, Made and entered into this II day of tJ~. in the year of our Lord one thousand nine hundred seventy-one between Ellsworth W. and Melissa C. Hicks, husband and wife, Duane and Dorothy C. Burkenpas, husband and wife, and Darrell and Anna J. Burkenpas, husba.nd and wife, parties of the first part, and the CITY OF BOZEMAJr, MONTANA, n municipal corporation, the party of the second part; .\ '.".,W"I T N",E SSE Ta: .~ WHEREAS, The Grantors are the legal record title owners of Tract 5 of Block 1 of the Triangle Area Annexation to the City of Bozeman, Montana, more particularly described below. WHEREAS, TbeGr,a,.tltee,' in the exercise of its power and authority as. ,a m:unicipality of the 'State of Montana, proposes to construct and install utili- ties and their necessary appurtenances to serve various properties located within the,western portion of the City of Bozeman and one or more such lines would run across the Grantors' land; and , WHEREAS, the Grantee desires tdacquire from the Grantors, and the Grantors are willing to grant to the Grantee an easement aI).d rfght-of-way across the 'above described property of the Grantors , and heirs, executors, administrators, SUccessors and assigns, for the purpose of inst~ll1ng, operat- ing, 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 particularly provided. NOW, THEREFORE, in consideration of the sum of $50.00 in hand paid by the City of Bozeman, the receipt w4ereof is herebya,.cknowledged, and in fur- ther consideration of the covenants and agr'e~.en~s b~,:tween the pQ.I'tieshereto.,' 'itbe Grantors have ~~~Ul'~.....,b~ga~,lu!....~old, conveyed, and. confirmed. and by- , the,sepresents do hereoy grant, bargain, sell, convey, and confirm unto the saidGranteea.nd itssuecessors and assigns the following rights and privi- leges forever: l. A perpetual easement and right-of-way for the purpose ^of install- ing, operating, using. repairing, replacing, maintaining and removing under- ground utilities and appurtenances thereto upon and across the above described property lying witllin 1;heCityof Bozeman; County of Gallatin, State of Montana. and more particularly. described asf'ollows arid shown on the attached exhibit. An underground.utilityeasement thirty feet in'width through and across a tract of land inth~ S0utheast Quarter of Section 11, Township 2 South, Range 5 East, also designated as Tract 5 of Block 1, Triangle Area Annexation to the Ci ty of Bozeman. Montana and IP-ore par'ttic\.\1arly' desert bed as', follows: Beginning at the northeast corner of said tract; thence southwesterly along the northerly line of said tract being also the southerly right-of-way line, of U. S.Highwa,y19l a distance of three hundred ninety-eight and eight tenth~ (398.8)f'eet:'~\:'~h:encealong the westerly lineotsaid Trae~Fi.ve, ,( 5 )1;.0 apointwhiehis thi'rty (30) feet distant at right angles from the northerly line of said Tract; thence northeasterly parallel to and thirty (30) feet ' distant southerly from t.l1etlortherly line of said Tract a distance of three hundred ninety-eight (1~d. eight-tenths 098.8) feet to the easterly line of said tract; thence,a16rig the said easterly line to the point of beginning. ' Containing within'the above"deseribed exterior boundaries 11,994.0 square feet or .2753 acres. = 1= = 2 :;:: 1. That at no time will they buitd, constrrict'~ "~:te'cf or fu~intain any 1-.. permanent structure over or above the sa~d utilities unless such structure is built, constructed and maintained in such a manner that it would not inter- fere ,wi th the operation, use, repaJr, maintenance, replacement and removal of. said utilities. Provided, however, that Grantors, their heirs, executors, administrators, successors l:;.nd assigns shall have the right to construct, improve, alter and maintain a.s a pennanent structure or otherwise an advertis- ing and/or business signor signs ,at any location orloca;ti,onson said The Grantors hereby covenants and agrees with the Grantee as follows : 5. That upon completion of said construction and acceptance of this installation the Grantee will p~ to the Grantor in addition to the above mentioned money consideration for this easement, the sum of one dollar ($1.00) per lineal foot as measured on the centerline of the :right~of-w~ for,damages to the premises and crops by virtue of the Grantee's ent,ry thereon. The p~- ment herein specified for damages and crops shall constitute full payment to the Grantors for any such damage cau.sed to the Grantors' premises and current crops as an incident to the initial construction and installation of utility lines and appurtenances. 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 removing said utilities the Grantee will reimburse the Grantors for any actual damage done to the Grantors'premises orcrop's. 3. To operate, use and maintain said utilities in such manner as will not hinder or prevent the proper cultiv:at~onofthe tract ,through which this right-of-way is hereby granted and as will not hinder or interfere with Grantors' rights to the use of the surface of said easement except as limited herein. 2. That, during operations invol vingexcavation, it will remove the topsoil from the trench area to a depth of one foot, or to the 'full depth of the topsoil, whichever is less, and stockpile said topsoil away from the site of any large rocks or surplus excavated material,6rany kind of debris that may have been exposed by the excavation and remaining after backfilling is completed, and will le!3-vethe finished surface in substantially the same condition that existed prior to the beginning of operations except that the surface of backfilled areas me:y be mounded sufficiently to prevent the forma- tion of depressions after final settlement has taken place. And that Grantee will insure that said construction will be conducted and ,that the soil will be replaced so as to insure proper drainage. 1. 'l'hat, in connection with the installing, operatingt using, repair- ing, replacing. maintaining and removing of said utilitieS and appurtenances it will replace, at its sole expense, all exiSting fences, ditches and other appurtenances of said land that may be disturbed by its operation on a condi- tion equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible. The Granteel'1ereby covenants and agrees with the Grantors as follows: TO HAVE AND TO HOLp the.above described right..,.of-way with all the appurtenances and .pri vUeges Ul,lto the '. said Gran:tee BJld to its successors and assigns forever. 2. The perpetual.right of i~ress and egx:e$S,to, and from said tract of land at all reasonable tirile.sfor '. the purposeo! installing, operating, using, repairing, replacing and maintaining said utilities and appurtenances thereto and for the replpv~ng of same if and when desired by the Grantee, its successors and assigns:. ", f1l.M tj. iOl.tE1694 . . , = 3 = ATTES1;" . By: /' "< t, '. ~ .' /~ I \~.;~;~I"," .. ~". '. " Cla {J <7 ~ '.. .;?~ .;(1:__~~~ AnnaJ.ButWeripas .. t/ '-. w D ~~?Y~ EllsworthW. 'Hicks ~~ ,',',,', " ,,', :," CL ' ...' ",.. ,,' ','.','.' .I ~' ',,' - .. ',," . ,"., ". ", ".' '::'::"'''''''''''' :.,'.n.,. . ',: ,,~.' '<""',,:,,~,' \,. "'. ",,;:"'," '., ,,,". .. .. ,... '. ," ,....'.'..,. I ,',.', , ,',', Meli, .,i sa C., H~,. c, ~ J, ~ AL~ D a.ne'Burkenpas' I' d. Do;t:.othy C. Bu J IN WITNESS WHEREOF, the Grantors have here:unto set their hands and seals and the Grantee, The City of Bozeman, has hereunto set its ham;. 'by its Mayor and its Clerk of the City Commission,each thereunto duly authbrized,' a~has caused its c,orporate, seal to be affixed, all on this " ~OV'-t- ,day of Otflr'lI:'--- ", 1971. It is understood and agreed by and between the parties hereto that this' Agreement shall be binding upon the heirs, executors, administrators, SUcces- sors and assigns of the Grantee. 3. That they have been lawfully seized of said premises; that they have good rieht and lawful authority to sell the same and that they and their heirs, executors, administrators, successors and assigns, shall warrant and defend the title to said premises unto said Grantee, and its successQrs and assigns forever, against the lawful claim and demand of all, persons whomsoever. 2. privileges succ,essors That the Grantee may peaceably hold and enjoy the rights and herein granted without any interruptiortby the Grantors or their .~das~igns. . '." , ;.' ::.;~.;., ",:,,:,~., ',.: ".,.'::"::>". ,. easement and that in the 'event removal of all or any of said signs is required for construction, maintenance or repair of any utilities on said' easement ,Grantee will be solelyrespons;ible fo'I" the renloval,and"replacement ot"said signs or ahy 'of ~hem to their originalloctl.'!fion and conditi.on and will insure that said Sign or signs are replaced to their original location and condition within a reasonable period,of time. FILM 11 f~,GE1695 r! L !J t~~. 'N",' "~,69C .-'-, U STATE OF MONTANA ss COUNTY OF GALLATIN On this ,JO-rJ day of {)C~a-- ,1971, before me the undersigned, Notary Public or the State of Montana personally appeared Ellsworth W. and Melissa C. Hicks, husband and wife, known to me to be the persons that executed the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunt s seal on the day and year in this certifi at --:ffixed my offi ci al itten. Montana '," /' ~" ' . / "(:- r" r ,.. " , ~'C"""'''''''' rl:rl In f,~" ~~_A /"lt~t":} of L1a:1tma M~ ~~;'I.~:~:i;Ej~'~ "r~~,:~:.~~~'~:~:~';::'t};-;,~;i;1rl~, 1 ~7i STATE OF MONTANA ss COUNTY OF GALLATIN On this JrTt:fJ: day of ~ ,1971, before me the undersigned, Notary Public ~e State of Montana personally appeared Duane and Dorothy C. Burkenpas, husband and wife, known to me to be the persons that executed the within instrument, and acknowledged to me that they executed the same. ~'... \ ~, .....i ~ " I> ..... affixed my official itten. IN WITNESS WHEREOF, I have hereunto seal on the day and year in this certific \'. \. . ..... ic for the State of Montana Residing at Bozeman, Montana My Commission Expires r"' ' , : -, .. c '.:.. ,~, : ~1 JJQTrr:Y r T,,:~':. ~:- ~ ;-1' L .:' r~ , My GomrnLc:["! STATE OF MONTANA COUNTY OF GALLATIN On this ~ day of ~-~. ,1971, before me the undersigned, Notary Public for the State &r/~ontana personally appeared Darrell and Anna J. Burkenpas, husband and wife, known to me to be the persons that executed the within instrument, and acknowledged to me that they executed the same. .::::.~:\ ".',; .,,- ,:) ". ....... ~ "c ,. affixed my official ritten. IN WITNESS WHEREOF, I have hereunto seal on the day and year in this certific I . " / ,< , r... ,.*) U '". ~ ',' .;~ . {"':: ,\L ., .' -' ", "',J. , ,''1 '" . " (""'I NOTft.:lY rUH1C for tre ~t~t~ cf Mont3ntl Re~;:rl'i'~ ~t E:J/2n;;m, L'cntJnn My Commissjo~ Expires SeptcmJer 15, 1974 .... .- = 4 = FILM :t'1 iIS;;'1697 STATE OF MONTANA COUNTY OF GALLATIN On this ::(/'/z:.;f day of (fiE; C~A',,,__ 1971, before me, the under- signed a Notary Public for the State of Montana, personally appeared Don M. Langohr, Jr., 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 this Certificate first above written. 1\ 1 l! ! I ,~' ,l '\ /\:'+- .7\ ,,~\ / '- ':\\ :, ,/ ,\..;, "'. No aiy Public for~the State of Montana Residing at Bozeman, Montana My Commission Exnires NOT,~P,Y PU8LlG fer tee ::m or 1'llsnt3na , , ' . ,.. //~ r '": E':<:-~':-2 :~ ~: ":":.... '~I r~,'l:.:l':.::;la ,~ .~' "'" '"'I::) ,'~ j My C":;~.;.:~~cil L:~i.~s ~:;:,,:'-';Jcr 15, 1974 1-" i ~. I r-'J_~)~.~E-.? . ,'0", ",.,_,__ \ /:.. ) ': L.~J /1'" / ,. ."".:.. ."'~""":.Il....:L-,,.......a:,..r.<Iv..I-, ~ .-/" State of Montana 1 County of Gallatin f 55. Filed Octo be r 22 , 1971 aL,.. 2: 10 __--.----E"..~ ,M" and Recorded in book,_)-l__,__,__~___of MS C E~LLA~ EO U s....", ,__Page .1693 '~ CARL L oQT!LCI\1.u ,__ ,,' '__/-~~idn>>clerk~J~eC~,rder" v) 8y~::-<et? Cf. ~d1f4t<>"--, Deputy r"" Fee $ Rt: City of Bozeman :::: 5 :::: ....... ~ ~ ~ ~ ~ ~ ^ "- ". V\ ,~ ~ ~ ,~ ~ z J.. . .~ .. Q) It) ~ ~ CIl .>0: U 0 ::t: c:( u to 0 V II) C\J en . G.l - ~ ctS ~ s::. - .... 0 ~ ~ W ~ / 5' / ~ .. o ~ S' /) "" "" ~ ----; CJ) "" " "'1: ;~ ::t '~ . ,J 't "(J -~. . ~,t ;~ , 'f