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Home My WebLink About79- Marler, Utility Easement Rt: City of Bozeman I INDEXED pLATT~ ~i ,750' State of Mont.. County of Gallatin. ss f'lled for reco;d April 6 , 1 ~ 9 aL.9: 50 ~., and recorded in Book 49 of MISCELLANEOUS page 1144 _..f.uc~__a..1 B~ Recorder. B~ f!oA:4L.i._~. ~~rl't)' -'---'-- ~ AND RIGHT OF WAY AGREEMEN'(tfOR - -?J-' UTILITY EASEMENT r ILM 4~ I M;L 1144 THIS AGREEMENT, Made and entered into this 7th day of ~1a rch A. D. 197~, by and between BRIAN MARLER 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 is the legal record title owner of Tract 8, Northeast Annexation to the City of Bozeman more particularly described below, and WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a water 1 ine and necessary appurtenances to serve various properties located within the northeast 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 easemen~and right of waY-across the above described property of the Grantor , and heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said water line and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly pro- vided. NOW, THEREFORE, in consideration of the sum of $ and other considerations in hand ~id 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 follow- ing rights and privileges forever: 1. A perpetual easement and right of way for the purpose of installing, operating, using, repairing, replacing, maintaining and removi ng a vlatlir,lino.., thereto upon and across the above descri bed property of the Grantor, said easement and right of way to consist of a strip of land fifteen (15)feet in width being described as a permanent utility easement located in the NE~ of Section 6, Township 2 South, Range 6 East, Montana Principal Meridian, Gallatin County described as follows: Beginning at the North quarter corner of said Section 6; thence South 00 13' 33" West along the North-South Quarter section line of said Section 6 a distance of 1627.10 feet to the Northwest corner of a tract of land described on film 27, page 861, recorded in the Gallatin County Clerk and Recorders office; thence South 880 55' 33" West a distance of 30.01 feet to the true point of beginning; thence South 880 55' 33" West a distance of 15.00 feet to the easterly right-of- way line of Rouse Avenue as dedicated on Subdivision Plat of Industrial Properties recorded in the Gallatin County Clerk and Recorders Office; thence South 000 13' 33" West along the extended easterly right-of-way line of Rouse Avenue a distance of 100.00 feet; thence South 880 55' 33" West a distance of 15.00 feet; thence North 000 13' 33" East a distance of 100.00 feet to the true point of beginning and containing 0.034 acres. : IL~l ~1c) I f,tl 1145 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 w~tpr linp 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 water line 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 water line 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- 5. dr .t) ,~",L146 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 easement 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 line 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor__ or ~ successnrs 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, eKecutors, 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, eKecutors, administrators. successor and assigns of the Grantors and upon the successors and assigns of the Grantee. : c), .1J ,,~c.~ 1147 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. 6 4,," ~. ./]..., ?""'Y // I ~ ~ V'~:-z...... ,/ '" c-c.-~~ BRIAN r1ARLER ~~: ~l1 Notary P Residing t Bozeman, Montana My Commission Expires +....<......~~ t..; I'I~I Montala STATE OF MONTANA > ss County of Gallatin> On this M::!: day public in and for said &~~" )'11~ name ..........,. instrumeDt~a-nd acknowledged execut~d the same. 1~~U",'I~I~. ~ <1\' r, ,;" , ".j \\J,\ '. . 0,,;::", :.~,t.' . . ~~\.,~. ,. ;' :.1.. of ~~>~ 197~. before me, a notary State~ personally appeared known t& me to be the person__ whose subscribed to the within to me that .10.. ~ r; . I ~ , ....'" jf'.... II ". "',~'.\ ,..,.... . fi.", ,;.:/ .. _":;1>0,. ,.. \,' 'I, ~ ". .~.." ~I'~, ~".II'~..I/I' ~'" ,l,'-'" '~~" \: (J~",O'.'t .....'" 'tltlflf '. 'f...,~ ,I"HhHt,t'\" t':':'~",,,,,, 1 ,t~' HI' 'n.'~ ". \ . ,\ \ ....,:.:il'\.~,':<:..... ":,-"J:\. " ~ '~', >, ~.".~., \'! " . ~: <:' ,t \,&.. , , \ , '. l' '" .' 0 ,.' ,Ii .. . ' /' ~: .,' ''''ATTEST:' ~,~"~\~" ,.: I" ~~"""~<'" "', '. '~,;, ,~~~",.,,.,,,.::. ;.~ ~-:}~~,j.~-':~',{~ .~~~' ~' ~A'a~ ,,,E.: ~~ ------,,--'Z ERNA V. HARDt G,' Clerk of the City Commission APPROVED: l~~ City Attorney STATE OF MONTANA ) ss County of Gallatin) On this !+th day of I, ~ ~lD 1t1li 1148 THE CITY OF BOZEMAN --' // /r/ ,- By~<Zk~'y~ ~~ /' ...... April . 197~, before me, the undersigned a Notary Public for the State of Monmna, personnally, appeared Mayor Edmund P. Sedivy & 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 my Notarial Seal on the day and year in this Certificate first ., . ':~ '.'~~' ""',- . '., ab ove.:'W.):' i. t ten. \"11111';'"1.,, ',' ~i\\"'\ A '0' .fJ' 'II>" ~"" \.\. \:\ ~'" ....'~ '-' .'.i..."....~...,.~ ,1,:".'-, "'" " ~~. _' ...~,',., r- ~ 'I ,}': \".~' - ~.,v~~..' ~ '- .i ~ ,\ !~,.:~ .. / ~ .~' ~'i ~ ,c;, l ,;., r -1" ...1I'1"~lf;vl ~". , ~..~ *~.., ,\:",~?I. "_,...~;.~, ,}" !. ,\,.,~1ti;t;W;~~,. .l.1I ~ ~~;: ,.'~...... :J'~, ..'..;....',. e:i4'"." "'~"'''' Or: ,. ~ ')1. ,... "ill"n,,!,: '~'tI"~.'\" . 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