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HomeMy WebLinkAbout75- Church of Jesus Christ of Latter Day Saints Utility Easement t Ht: City of Bozeman , INDEXED }~?S~7 PLATTED 'State of Mont., County of Gallatin. 58 Flied for record May 30 ,1975 at 9:00 A. M., and recorded in Book 28 ~ ~;;1ELLANEOUS page-1..473 CARL L. STUCKY Recorder. B~~~ Deputy EASEMENT AND RIGHT OF WAY AGREEMENT FOR 28 pf.GE1473 \' iiLM UTILITY EASEMENT THIS AGREEMENT, Made and entered into this cI/d day of March A.D. 197 5 , by and between CORPORATION OF THE PRESIDnC EISHOP OF TIm CHURCH OF JESUS CHRIST OF partL- of the first part, LATTER DAY SAINTS, a Utah Corporat~on t:iO.1e hereinafter called the Grantor___ and THE CITY OF BOZEMAN, A ~nicipBl corporation of the State of Montana, in Gallatin County, the party of the se- cond part, hereinafter called the Grantee. WIT N E SSE T H WHEREAS, The Grantor is the legal record title owner of the westerly ten (10) feeref Lot 2, Elk. 3 and the westerly ten (10) of more particularly described below, and Block 1, Tract A, Graf's 3rd Addition WHEREAS, the Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install sewer line and necessary appurtenances to serve various properties located within the southerly ____ 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 is willing to grant to the Grantee an easement and right of way across the above described property of the Grantor___, and its heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said s~r line and appurtenances and for such other rights of access and incidental rights as are hereinafter des- cribed, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $ and other con- siderations 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___ has granted, bargained, sold, conveyed, and confirmed and by these presents does 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 and right of way for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing a sewer lin~_____,_,____,_ thereto upon and across the above described property of the Grantor , said easement and right of way to consist of a strip of land ten (IO') feet " :tDl in width being the westerly ten (l6')feet ~ofLoi: -2, -Biock-3--~nd the westerly ten (10) feet of :Slack 1, Tract A, ,1.11 ir. Gr!lf'~ Third :\nniron to the Cit,,: of B0zena:1, C',),latir: County, }-lantana, .. . . , . fiLM 28 PAGEi474 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said sewer line 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: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said sewer 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 whichever is less, and stockpile said topsoil for replacement over the trench, and will remove from the site any large rocks or surplus excavated material or any kind of debris that may have been exposed by the excavation and remaining after backfilling is completed and will leave the finished surface in sub- stantially the same condition that existed prior to the beginning of operations except that the surface of back- filled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 3. To operate, use and maintain said sewer line 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, replccing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grant-ors p1"emiBeS or crops. -2~ .. . Film 28 Page l474-A 5. The Grantor__ hereby c~venants and agrees with the Grantee as follows: I. That at no time will they build, construct, erect or maintain any permanent structure over or above the said sewer line$ unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainence, replacement and removal of said se....-er lines 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor__ or ~ 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, administrat~rs, 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- By: --s~ ~I Corporation Sole :..., ~ . filM 28 fAGE1475 IN WITNESS WHEREOF, The said parties nf the first part have hereunto set ther hands and seals the day and year first above written. CORPORATION OF THE PRESIDING BIqHOP OF THE CHURCH OF JESUS CHRI8T'OF LATTER-DAY SAINTS, a Utah,~6rporation Sole " ~> AT'rEST: fd1d~;v J!J STATE OF UTAH ) ss County of Salt Lake ) On this of/,,};-day of ?1?~ A. D., 191r, before me the undersigned, a Notary Public in and for said County and State, personally appeared VICTOR L. BROWN, known to me to be the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, and known to me to be the Corporation Sole of the Corporation of the Presiding Bishop of The ChurcJ,-l qf Jesus Christ of Laner-day Saints, who executed the within instrument on behal..t Qf:thc,Corporation therein named and acknowledged to me that such corporation ex<;;?.6.fte.,d tl1Q '.s~'Hnc. WITNESS my hand'-and,6fftc{al seal. ':, ~~;. \, ~:,. :; t' My: commission expires: "'_'~"<~,'.; .'.~ ~ /) .u j:J~ 9" 1'17.Y""./~ f. ~.. .,..., ,~ ~~~r~'-" " '.., Notary ubhc m and for saIL County G: Steltl' -4- .. ' \. , '- ~_t ;:'.<, '1'" -.I:.' FILM 28 PAGE1476 THE CITY OF BOZEMAN .......,.,., 'A/l_'' " , , ,,> Y-'.'. A'TTEST: ..- ,~ , , , ~ , - ,"<,.., .. , : ,-) .' '--"tr<. ";//:?',, #,,/1' . , . ~..... " I.... ". E~~'- ~R~:;'"~"~~;/ , . ' "C-!eJ'~..of the cn:y Commission . " ,i~t'l:. __.. .. ,. ._ "', ~'~: I" ,~- APPROVl!D: " ) , ~~~_,_,/&~),v~,--[ ~ City Attorney ) ,:1 ~))~ ' ,.-/ STATE OF MONTANA ) ss County of Gallatin) On this 7th May , 19i~, before me, the day of undersigned a Notary Public for the State of Monmna, personnally, appeared Edmund r, Sedivy and Ern3 V. He'Heling 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. " Not lic for teState of Montana Re ding at Bozeman, Montana My Commission Expires ~OTARY PUBLIC for the State of Mllf1laMl f' Jtesiding at Bozeman, Montana , It! Commission expires December 11, 1977 .,,'" .~..'~"""~"" . :t.l~~"",,,~,,,' "'~, ~""""""'''~'"'''W'.'YU."",,, ,",-,",''' ;'I~ j".,w;q,.o' ~ ',-"". , I~ , ' , ii": ., :10 ...J c V' .- L- Lei J': "' ' S : G\~ ~\G: L ~j ~ ~ ., b L I ...............--~........... ~', 0 I w, , I 0111) OIID ; \~\o~ \).~\) b~ l.ll () 1)10 ~-; : ~~, ,'JI,) iC' ~- ~ o N ~) Z '" f" J.:. ~J () ~',!'U [ 1.13 A 9 L___' ,I,) ~-}. (1) ". ...--,.-.. ..",y----- ~; 9',018 00 v,,' S "::"i..f I, , '----1 --.fq c' '" ol() lll;. () 'I' (: '1' c C' C) I" \1)' '::.'1"': o 1 ~! ~ I", o !f) , I 40 I 1-:-) ,~ 1,(': ,1, 'v\i <, c, " 'wI ~'I;~~IIr.:.'_;.,.'.'~'iI<-f".,.._ ~.-w'<II" _._ ~""""~"~~i'l'Y'_ , . UTILITY EASEMENTS I GRAF'S. 380 a FIGGINS ADDITIONS BOZEMAN, MONTANA \ '~ --~ .:~ -I 2 -< r-'-'---- I: ~j I -:t ,.) t1~~r1....1t..: '~'}r: ._.I(} 2 l2,G x'S G~~ - \,~\ ~ ,.... , 4 I:" t r' ~~ e . ____,_H" . I 3 l_ ;) C r< 3 3 ~0\~\? . i=HOCK TRACT \o~ \)\'\ \>\) 8l_0'~K ') 4 2. ( __,_.. .__ ___ _u__ ~ ,~.~_.____~...L._._ Cr (] f '-, t r e +,~ t BLOCK 5 4 5 L I, A ....-1'.--~-'-_. (:, "( _,L__ ------1 THEPHONE 18011 531-2531 ExT.6900 ~ ) , LAW DEPARTMENT 336 SOUTH THIRO FAST THE ell UROH OF.JESUS CHRIST OF LATTEH-DAY SAINTS ...)~ . ' wq.l-ono w. KIF?1'ON".JR. OSCAR W. McCONKI["I,II-l. HAHOLD R. f~CJYl:::h' F. ORITON McCONKll: ,. .' RIO-lARD r~. BOYLE iJAN S. 8U~->HNE::.LL ROGnn M. DyeR RAYMOND W. GEl:.. H, D. j owr'n GRAHAM DODD ..JOSEP~'i C. RUST ANTHONY I. BENTLE..Y1wR. J, DOUGl,...AS MITCHE'l.-L nlCHARO R. N~SLEN Dt:.NNIS L, WR1(;HT (NE.v'.ONl,y) HENRY f:). ~TAGG MYi"-(ON L. som:_NSEN F~f.. ~~f) T. WARNICK (CL'LO. O~I 'f) RAFTIl)HN G. KENNAnD OFFICE OF TH~ FIR51' PRi::5IDENCY SALT LAKE CITY, UTAH R4111 March 21, 1975 Bishop LeRoy R. Critchfield Bozeman Ward Route ]., Box 186 Bozeman, Montana 59715 RE: Bozeman & Bozeman Univ & Stk Constr Proj Helena Montana Stake Property #5l1-8263-A Dear Bishop Critchfield: Enclosed you will find a fully executed Easement and Right-af-Way Agreement as approved by the Church Real Estate Corrunittee. Would you please deliver this document to the proper city Official. Would you then obtain from the City the sum of $383.00 as consider- ation for this easement. This sum should be returned to this office or returned to the Finance Department, with a copy to this office so that we may close our file. MLS:ep Yours sincerely, .J~ /:'. Encl. PLEASE refer to our property on all correspondence and on mailed separately.