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HomeMy WebLinkAbout78- Hildner Utilities and Creek Channel Easement and Right of Way Agreement FILM 44 ~'^CE 1508 EASEMENT AND RIGHT OF WAY AGREEMENT FOR UTILITIES AND CREEK CHANNEL THIS AGREEMENT, Made and entered into th'is ,~,_._?8t!:!,day of June A. D. 197~, by and between DR. TOM HILIJjER AND NANCY HILDNER parties of the first part, hereinafter called the Grantors and THE CITY OF BOZEMAN, a municipal corpor- at'ion 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~ arp the legal record title owner of LotJL~ of Arrangement of Block Nine (q) of Thomr~on Arlrlition No 4 WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State o~lMontana, proposes to construct and install a utilities & creekc annand necessary appurtenances to serve various properties located within the south portion to the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS, The Grantee des i res to acqui re from the Grantor...5..-' and the Grantor~, are willing to grant to the Grantee an ease- ment and right of way across the above described property of the Grantors , and their heirs, executors, administrators, successors, and assigns, for the purpose of installing, operating, using, repair- ing, replacing, maintaining, and removing said utili~ ~ and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particul- arly provi ded. NOW, THEREFORE, in consideration of the sum of $ and other considerations 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 Grantors have granted, bargained, sold, conveye~ 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, rCR~~hi~g, replacing, maintaining and removing autilities & creek tHereto upon and across the above described property of the Grantors , said easement and right of way to consist of a strip of land---twenty (20) feet in width being more particularly described as follows: The abandonment and vacation of existing easements along the East, West, and South property lines of Lot 13, Block 9, of Thompson Addition No.4, is agreed upon by both parties. The creation of a utility and creek channel right-of-way easement in Lot 13, Block 9, of Thompson Addition No.4, twenty (20) feet in ~~idth along the North boundary line and ten (10) feet in width along the East boundary line of said lot, is agreed upon by both parties. FILM 44 F^GE 1509 2. The perpetual right ~f 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 utilities and creek channel 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 foll..,ws: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said util Hies & creek channel 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 substan- 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 utilities and creek channel 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 shodd 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. -2- s. FilM 44 f^CE 1510 The Grantor1- 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 utilities and creek channel 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 utilities and creek channel 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. -3- , " fiLM 44 mE 1511 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. ~-/1~~ / of ~-J?_ 197~, befOre:;~:::?1t' II~ St~ally appeared ~ .~. known t& me to be the person~ whose subscribed to the within ~ J/~ l~fU/t.J STATE OF MONTANA ) ss ~ County of Gallatin) On this )(, -p.... day publi ~ and for said cv.v- i strument, and acknowledged to me that executed the same. No ary Public for the State of R siding at Bozeman, Montana My C7mm)/tni~J7s I I Montna . ; ) '. - ~., r..,' IO',~ .. ~ . , ,.. ". + ~, . '~~r '"", ;.\ " '~..-i{>,~." '.. ..,<< ~~ ^ ",!\ Ii" '/ I, ~ $. ~4- . ~,,;\~ ...,..-r' ,-,,> ~ \t"~s ~.- ., . '" ATTEST: APPROVED: ,.,.'. 1'/"'. I., t./"- City At torney STATE OF MONTANA ) ss County of Gallatin) On this 5th day of fiLM 44 FAG[1512 THE CITY OF BOZEMAN ,~ (,., / ./) July , 197~, before me, the undersigned a Notary Public for the State of Monmna, personnally, appeared Edmund P. Sedivy, Sr., & 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 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 wrItten. my Notarial Seal on the day and year in this Certificate first INDEXED PLATTED \ ..{'~ .. "..' ~ ~ 'I.',' 50924- State of MonL, County of Gallatin. S8 Filed for record July 6 , 1978 at 8: 00-;1 A lVI" a~d recorded in Book 44 of MT SJ-;F;;!~ ~ _" ......-~~gel-5..O.B t.,t J... .::Jtuck'} Recorder. 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