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HomeMy WebLinkAbout75- Montana National Bank Utility Easement , If' / I~~~,~~.,~ J//\ 'toto t)f Mont., County of Gallatin. 8S Filed tot' record Fe brua rv 11 ,H~ 75 ~t 1 ~~L\~" :~~r;,:rd~d In Book 27 of aLJl"5~I~ r tc:tc: ; Recorder. By ~ -~"-,~_ _-L. Deputy Ci ty of Bozeman EASEMENT AND RIGHT OF WAY AGREEMENT "" ~ . .. ... ..J'i t"~ (.'~) t") ~~ .. '~', ' \. iii,. ,j fILM '27 'rACE 937 UTILITY EASEMENT THIS AGREEMENT, Made and entered into this 15th day of January A.D. 197~, by and between MONTANA NATIONAL BANK, TRUSTEE 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 se- cond part, hereinafter called the Grantee. WIT N E SSE T H WHEREAS, The Grantor is of Figgins AddrFron more particularly described below, and the lega1 record title owner 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 and necessary appurtenances to serve various properties located within the southerly 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 easement and right of way across the above described property of the Grantor___, and its heirs, executors, administrators, successors and assigns, for the purpose of installing. operating, using, repairing, replacing, maintaining, and removing said sewer and water lines and appurtenances and for such other rights of access and incidental rights as are hereinafter des- cribed, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $ and other con- siderations 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 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 following rights and privileges forever: 1. A perpetual easement and ing, operating, using, repairing, sewer and water line described property-of the Grantor , consist of a strip of land ~ being !'lore particularly descr{bed~-as right of way for the purpose of install- replacing, maintaining and removing a thereto upon and across the above said easement and right of way to Xf'eij<iXXilHOWaImK follmvs: Beginning at the East one quarter corner of Section Twenty four (24), Tmvnship T,vo (2) South, Range Five(5) East, of Montana Princip<"l Meridian, Gallatin County, Moncana; Thence along the East line of said Section twenty four (24), North 00 13' 00" East a distance of one hundred forty and forty one hundredths (140.41) feet to the true point of beginning; Thence South 890 18' 00" West a distance of forty (40) feet; Thence North 00 13' 00" East a distance of three hundred twenty eight and ten hundredths (328.10) feet; Thence South 890 18' 00" West a distance of one hundred ~ ." 'II .. _ filM 27 FAGE ,938, sixty three and eighty nine hundredths (163.89) feet; Thence North 00 07' 00" East a distance of two hundred ninety one and sixty five hundredths (291.65) feet to the south line of that easement described in Gallatin County Records Film 19 Number 451; Thence along s3id South line North 890 l8' 00" East a distance of sixty and one hundredth (60.91) feet; Thence South 00 07' 00" West a distance of two hundred thirty one and sixty five hundredths (231.65) feet; Thence North 89" 18' 00" East a distance of one hundred forty three and eighty nine hundredths (143.89) feet to a point on the east line of Section 24; Thence along said East line of Section 24 South 00 13' 00" ~"'est a distance of three hundred eighty eight and ten hundredths (388.10) feet to the true point of beginning and containing 0.901. acres. 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: 1. 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 appurtenances 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 sub- stantially the same condition that existed prior to the beginning of operations except that the surface of back- filled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 3. To operate, 1 i ne s vent the proper right of way is use and maintain said water and sewer in such manner as will not hinder or pre- cultivation of the tract through which this hereby granted. 4. In the event that it should 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. . ( .' ,. .- fllM 27 rALE 939 5. The Grantor hereby covenants 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 ~pWp.r Rnd water lines unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation. use, repair, maintainance. 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 its 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. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. -U )Z1:Y?~ MONTANA NATIONAL BANK, TRUSTEE A.~ Sf' 'Trt.t/.T (f)F!..~- STATE OF MONTANA ) County of Gallatin ) On this -1!L. day of (k,w' 197.:;'. ,1;l,ef05e me. a l}.o,t~ry public in and for said State. personally ippeared cJ /"'. '-.J,l).( ",~ULi>., dUJI'-..L/ ~;.~, ," t1 known to me to be the person_ whose name_ --1. "') subscribed to the~t2r_".;~,lJ{'ai.y,,/ within instrument. and acknowledged to me that h .,., executed the /3d-..~-h./ . . same. . ~. v"\ -: '--ft the St ~Jf. Mont8n~ Residing at Bozemal\ Montar& :'i:' 'jl ~ My Commission Expires "',,, ,\ ,I -5'I.:?c?I76 / :. /,. ,~".", " <..-<{.../v.,~ Notary Public for (I , , 'Ii. "M _I 1J!1 ~ 4. ''". )1 " , .) :;/J\~...."".~ .""\ ." I ( "). ."\ . l-- J "" ~' ~", ......, ~ ," " fiLM 27 9 ' ,,' PALE "'40 THE CITY OF BOZEMAN ATTEST: c? ~~ ~~ /~---::4..". /,". , '_,", ERNA V. HARDiNG, , Clerk of the City Commission APPROVED: /\ ........ ....... )~-'L,( ,'--.,4'-- '} (?/~~ t/ , , cny Attorney ,,/" STATE OF MONTANA ) ss County of Gallatin ) On this 6th day of February, 197~, before me, the undersigned a Notary Public for the State of Montana, personally, appeared Edmund P. Sedivy, Sr. and 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 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 Hrst above written. y ,:...~"iI';''''''''i'" ;,'<:,. ",3 ~. .. ~:, Ii;''', , ~/'~" 'oIr"'l.~(I; .~< 'r: -:'~. :;~ "~~}"\;'1,\ AI.!;!. ....,.....(\ '" ;: '" \:~ I ~\.~; - f (.-< 't-'~ X ~ : ' ~ \ ;.:':' r::.: ,:{ t-J,': - :.;,.." ...~ ~ (' .jt ,," ~....... So !$.., 4\,. _... ~\. .;... ......" ....., '.. ~ . .. ~ .b ~,. . ( ~ "-. ,.... ~{..;" ~ 'j~ .,1.-....'. .,'> i, " / f ,~ .I , ,I ! I ~, ,.. ublic for tana, Residing Montana My Commission Expires I')OTARY PUBLIC for the State of Montana Residing at Bozeman, r/bn~ana ~i Commission expires Decembor 11, 1977 ""'" ,,~._~, .., y....-I" P" ~...;,.~~,"" .. 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