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HomeMy WebLinkAbout79- Martel Utility Easement lfl IINDEXED V 1 , , . . I lva~ved r,' flTHT t.J ~,F"_',' ,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. / " ... -', 9 2 f.IU~ uJ rlL 2 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. -2- .. ,-, ;:- I u,: ...--~ ~, ,...., "I Vv fACL ,),.;.,.,) 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. -3- Fl..~i, C- ",. "J :'I\L .."": t:, ;.1 ,~.' i.'.,,,'~~ IN WITNESS WHEREOF, The said parties ~f the first part have hereunto set thar hands and seals the day and year first above written. rzodti;t ~ 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. \1\\t1IlH~I'_{, "II ,00 .,., 'I.,~~", " ~"" '-\ f\ G ''''~ ,c~ ~... ~,.l" ~"''"''''''... 0, L,' ", "r... ~.' "I~ $ ,y.,' i. ' ".':..a \ i 'V... \\t Rrt~!1 '.;r, '\ .- ~ I, \(, t - .~ .... · . j' ... · SE "'1,.., .., Wi_.. ' , i i \ ' '~~? i; :, ~ .,. \ .. lOt',""" I, S '\ "" ~.. .,.". ,,', ::. I '\ ~,'''. ," '.... ~"" ~ :<',~,~ "(f ~"'1(t.fj. .,-l' ""r.- .f'lP"'~ II'" , ,""It',"UlIl'"'''' ~ / (pi!.^-d.-4''-&-v \....- ,~V 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. -4- . " FlU:: ,:.: J" ~ ,Jill:: .':\,...... '-, ~'i..~'" THE CITY OF BOZEMAN ATTEST: ~~~~ /~& ERNA V. HARDI G, , Clerk of the City Commission .' \"\{J'l.l".' ",. 0" ,J ~'J; ,...~"'i1i'.~'.,......'.,. /'...-, :,... " ,,4',.., ,_ '... ~ '''' --, 'Il.....' ,'- "".......,(1,"" '~ ,"/'.1', "","" "" '.., ,., .1',.' ',~,: ./-,.... .): ", "~ ~ .,'~' '.., ' , '," ",',',," ',','.,' , 6'; , . ' ..... ; f "',"'" ,} .-.' '7 ' .1'..;, "'?:~ "",t:!("-, ',:'''',,',,'~/ ," '" ",~ ,"'., ,"-.',~ ......... }"'''''''~' 'I'Y'" :""," "- , , ""J;}' ;',.'", '." I"'" ,.,., ",..'~'" " - " ,../ ",,"',j~,':" ,!.... \ ~." ,,'_ ", I .. . '~t:' .. .)~. i',l.~... "l ;- , \ l'\',~t,,&\~ .:,/j ~ /' ,... '. ," "~3".L. \ \,"'':'' ":~-;;..,~ \' ' ..' ~ ", ',7'". ".2'/"lnv,',~ ,.' I:". ' ---t.,,",,i.A~;'~v,/ ",:~"1'.1 :rfCCf':V' ,: APPROVED: Ci STATE OF MONTANA ) ss .~~ ., 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. 111'1111111 "''IIh, ",\~ ,--\.A 0"'''''' \,\ oJ~"f\ , I lJ -"'~'.o;, ; ,"-" "I;."to.....~ \' ..,'lo."'....,'q'A~_".,"""',., l~:t.'.~TA DI :"~"";.'\ ' fi/:'~.~;"''t,nM/l \ \'~:); ~}S'tt,"x, !. j .",,"'" - .\.Q~......". ,,~. ~ ~""'~'\~; ". ." ',',,',' '" ,~, . , " ".~ . ,'. ~- ~ ,...: ':" '.~', -'.' ., , ,. ,'I""' ~ I .e.. ., ",1,:,~.~" ' ....,''trt&.." ~ ,~ "'1If~, ~:~:;>"!:~,!,~...'.. .~ .~~/ ~"'" ."'tMO~ ....il.,. '"",..........." . .1 ~ Nota~ Public for the State of Montana Res ing at Bozeman, Montana My Commission Expires Cf'Nk<a;y to,19fJ '.,:.',