HomeMy WebLinkAbout75- Cowdrey Utility Easement
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FILM 31 PAGE 578
EASEMENT AND RIGHT OF WAY AGREEMENT FOR
UTILITY EASID.fl]qT
THIS AGREEMENT, Made and entered into this
8th day of
December
A. D. 197~, by and between
?1arvin R. &
J udv G. COvldrev
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~ are the legal record title owner~
of Tract 3. Rearrangement of Elk's Club Property
more particularly described below, 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 a water main and necessary
appurtenances to serve various properties located witl\in the
easterly portion of the City of Bozeman and Qne 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~,
and t.hpir heirs, executors. administrators, successors and assigns,
for the purpose of installing, operating, using, repairing, replacing,
maintaining, and removing said water mR.i n 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 $ _ 0 _ 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 and right of way for the purpose of
installing, operating, using, repairing, replacing, maintaining and
removing a water main thereto upon and across the
above described property of the Grantors , said easement and right
of way to consist of a strip of land fifteen (15) feet in
width being that portion of Tract 3 parallel and adjacent northeasterly
to the line common to Tracts 3 and 4 of the Rearrangement of Elk's Club
Property in the SW 1/4, Section 8, T2S, R6E, MPM, City of Bozeman,
Gallatin County, Montana.
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FILM 31 f'ACE 579
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
water main 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 GrantorB--
as foll"ws:
1. That, in connection with the installing, operating,
using, repairing, replacing, maintaining and removing,
of said water main it will replace at its
sole expense, all existing fences, ditches and other appur.
tenances 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 subs tan.
tially 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 water main
in Auch 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 shadd become necessary for the
Grantee to re.enter the Grantors premises for the purpose
of repairing, replacing, maintaining or removing said utility
lines the Grantee will reimburse the Grantors for any actual
damage done to the Grantors premises or crops.
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FILM
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580
5.
The Grantor~ hereby c~venants 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 water
main 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 water IDRin
2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by
the Grantor~ or their 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, administrators,
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.
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F IL~
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v..... r'/~GE
581
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IN WITNESS WHEREOF, The said parties of the first part have
hereunto set their hands and seals the day and year first above
written.
~;A~
STATE OF MONTANA )
ss
County of Gallatin>
On this 9th day of December 1975, before me, a notary
public in and for said State, personally--;ppeared MARVIN R. COWCREY
and JUDY G. COWDREY known t& me to be the person s whose
name s are subscribed to thewithin
instrument, and acknowledged to me that they
executed the same.
,--,/. "
/ ,/lU'
Notary Public for the State of/,onmDa
Residing at Bozeman, Montana 1/
My Commission Expires
AprilS, 1978.
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. .<\ \ .r- ERNAV HARtlING '
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,1;~.(>." Clerk of'the City Commission
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'<,::?~~: j;\YP.itQVED:
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"Zy Attorney /
STATE OF MONTANA )
ss
County of Gallatin)
On this 9th
FILM 31 PACE 582
THE CITY OF BOZEMAN
BY~/U k
~ Mayor/
/
day of December , 1971, before me, the
undersigned a Notary Public for the State of Monmna, personnally,
HARDING,
appeared EDMUND P. SEDIVY, Jr. & ERNA V. / 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
for and on behalf of said City.
instrument and acknowledged to me that they executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
above wri.tten.
my Notarial Seal on the day and year in this Certificate first
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Notary Public State of
Residing at Bozeman, Montana j
My Commission Expires ~prj 1 t;, 1978.
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State of Montana
County of Gallatin f 55.
Filed December 11 , 1975
ilL 10:35 A. M d
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;{('corded in book 31 "of
M:rSCELLANEOUS Page~ 578
_-'_, CARL L. STUCKY
By
Fee $
Rt: City of Bozeman
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