HomeMy WebLinkAbout79- Martel Utility Easement
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,Rt: City of-"Bozeman {i251)O FILl,; v' !AL ,)~i.
State of Mont., County of Gallatin. Ss FUca for record Ma y 25 ,i 8 79
at 4: 05 PM., and recorded in Book _52-.of MISCELLANEOUS page__~~4
.fuciil< (t. 13~ Recorder. By ~~ X"/~e"ut)
EASEMENT AND RIGHT OF WAY AG E :ENT FOR
UTILITY EASEMENT
THIS AGREEMENT, Made and entered into this 11th
day of
Apri 1
A. D. 197~, by and between _WALTE~and_
parties of the first part, hereinafter
DEANNE L. MARTEL
called the Grantor s and THE CITY OF BOZEMAN, a municipal corpor-
ati on of the State--of Montana, in Gall ati n County, the party of
the second part. hereinafter called the Grantee.
WIT N E SSE T H :
WHEREAS, The Grantor s
are the legal record title owner of
Lot 3. Block 4, Grafls First Subdivision
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 and water lines and necessary appurtenances to serve
various properties located within the Southeast portion to the
City of Bozeman and one or more such lines would run across the
Grantors land; and
WHEREAS, The Grantee desires to acqui re from the Grantor s ,
and the Grantor s , are wi 11 i ng 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~lYUrpose of installing, operating, using, repair-
ing, replacing, maintaining. and removing said sewer & water lines
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 $ 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, repairing, replacing, maintaining
and removing sewer & water lines thereto upon and across the above
described property of the Grantors , said easement and right of
way to consist of a strip of land--- 30
feet in width being more particularly described as follows:
A permanent utility easement, 30 feet northerly, parallel and
contiguous to the following described line, with a construction
easement, 15 feet northerly, parallel and contiguous to the
permanent utility easement.
Beginning at the southeast corner of said Lot 3; thence North
65 12' 00" West, along the southerly bougdary of said Lot 3,
a distance of 143.0 feet; thence North 28 29' 00" West, along
the westerly boundary of said Lot 3, a distance of 92.4 feet,
to the northwest corner of said Lot 3.
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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
and water lines 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:
I. That, in connection with the installing, operating,
using, repairing, replacing, maintaining and removing,
of said sewer and water lines 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 sewer and water lines
in Ruch manner as will not hinder or prevent the
cultivation of the tract through which this right of
hereby granted.
proper
way is
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.
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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 and
watp.r lines 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 sewer and water lines
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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IN WITNESS WHEREOF, The said parties ~f the first part have
hereunto set thar hands and seals the day and year first above
written.
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By:
iJ-UJ-, -- . j.A1IJA;t./
P"luJilieftt
ATTEST:
Secretary
STATE OF MONTANA )
as
county of Galla tin)
On this 15'-~ day of 1Y\ ~ in the year 19 _71 , before
me, a Notary Public in and for said State personally appeared
iAJ~~ Ii of:;,~ fVl~nown to me to be the 7J~~
~f tac COtpot4ti~n that executed the within instrument or the
person who executed the instrument on behalf of ~id corporation,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
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Notary public . r the State of
Montana
Residing at Bozeman, Montana
My Commission Expires 3-/.';~
NOTARY PUBLIC fur ttte 5MB nl i\1onrnM
Residing at Bo~eman, :,I;i,,~:.-;,
II, CoIIImis$ion llllpifes March 15. L.
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THE CITY OF BOZEMAN
ATTEST:
~~~~ /~&
ERNA V. HARDI G, ,
Clerk of the City Commission
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APPROVED:
Ci
STATE OF MONTANA )
ss
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County of Gallatin)
On this /,{tA. day nf )?I<';f . 197!L. before me, the
undersigned a Notary Public for the State of Monmna, personnally,
to me to be the Mayor
City
respectively,
appeared known
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 wri.tten.
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Nota~ Public for the State of Montana
Res ing at Bozeman, Montana
My Commission Expires Cf'Nk<a;y to,19fJ
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