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HomeMy WebLinkAbout75- Montana National Bank Utility Easement (2) If" ,,," fILM . 27 1)~,CE 948 ~ ""I' 1<, ~ :; q' U;. r'NDEl\ED~, ~ ~, " 'PlATTFJ '-'] ~ State 6f Mont., CountY 6f Sallatin. ss Filed for record February 11 ..'.9 75 at...".l:45 p M" llid recorded In Book 27 of' -, .''-' "~"'''--~g~4s -=- .., CARL..--L__ST.UCKY, ,Recorder. B ---rfJ)~~1 ~ni~' , "" , "- Fee: --- Y ~,~ '/7~~-D@.yt~ Rt: City of Boz EASEMENT AND RIGHT OF WAY AGREEMENT R \/"',./ '.~ \II" \ . ., UTILITY EASEMENT THIS AGREEMENT, Made and entered into this 15th day of .January A D 197 <;. b d b t HO~!TANA NATIONAL EANK, .. ~, y an e ween TRUSTEE partl-- of the first part. hereinafter called the Grantor_ and THE CITY OF BOZEMAN, A tnunicipal 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 the legal record title owner of a portion of Graf~Third Addition 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 sewer Ii nes 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 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 right of way for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing a sewer line thereto upon and across the above described property-aft"he Grantor , said easement and right of way to consist of a strip of land _t."!~,ril::Y,{~9.1, ,.__d_,,'___~.~___ feet in width being the easterl y twenty (20) feet of Lot 1 of Block 3 of Graf' s Third Andition to the City of Bozeman, Gallatin County, Montana. .., flLM 27 tALE 949 -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 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 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, use and maintain said sewer lines in such 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 should become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replccing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the GraotorA pl-emiBes or crops. j . '> j f lU~ 27 fACE 950 5. The Grantor__ hereby c~venants and agrees with the Grantee as f~llows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said sewer 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 lines 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor__ or ~ 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, 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, executors, administrators, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. -3- . . f . FILM 27 PACE 951 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. Montana National Bank q jl }z1f_>7-i j j,.~ , (-Is.$. "(. /1CI)s,,- 0 FF c <.:- f2.-,'=>..-- STATE OF MONTANA ) ss County of Gallatin) On this .....-.i.!L day of', Jt1MJ 197 ::, before me, a notary publ~c in and for <said St~~e, personally appeared () f' 777< ~11\' J, t4d ~~~ 0 7J2n&~t'" 71dt /.J:1:?L~ known t& me to be the person__ whose ~e _ ~ subscribed to the wi thin instrument, and acknowledged to me that ~ executed the same. I ku .....,.v t /L /!. Notary Public for the~tate of Residing at Bozeman, Montana My Commission Expires Fi/.dJ':::>'/7 (, .. ~:' ,:f~ '; ~ ,rr:. ' ..... ". ~. .:1 (' .:1 "" MO,Q)a1a<', - ~); " '1 Ji., ",,'" . .....;:t ~,"'.:i"!} '.':'"; /t '".,. . ,--... .,-:; I.. ';'," '; ..,.-- ~4~ , .. . .. " , . \, '....\';,1 ~~ I ~ "~il Ur-.,' .".,.}~.,~.J (1'"... .. ..' '1t, . \ V ~ 1,1 r'~ ...:.. ~ <:, \ \...\ 'I, ~ ~ ... . ~ '+, r "" ''.t-:.. ./c.~:~;:'\ ': .:,:~<<:-:\. ~: \f ~ '~~~. : -n'''':: vT :, \" i:> r~~."...~--'.:.~ ......."&~ /" ft"" ':~~~!.:;~,; '; ,,' ATTEST: t~ ///~ / ,,<;1-7~ . ~ ...,. k/p' ERNA V. HARD!, _/ Clerk of the City Commission APPROVED: .--'" . K-.. <::.v...t~\:;>- ..A' 'j ./ .' ,... <.'~-rJf..' . ,/ . .' / . ....,.. .,- ,/ ,,,,,,;,..,> c-rty At torney ./ f/ STATE OF MONTANA ) ss County of Gallatin) On this 6th FILM 27 PArI 952 THE CITY OF BOZEMAN By(. - :: ~-c_. .,/~ // day of February 1972.._, before me, the undersigned a Notary Public for the State of Monffina, personnally. appeared Edmund P. SediVY. Sr. and Erna V. Hardin~ 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 above wrltten. my Notarial Seal on the day and year in this Certificate first No Monta na R My NOTARY PUBLIC for thr St~le of Mcn!Jna Re::;iding :11 B'."'iem::1n, fy'i, ':~':1:'~:'1 My Commis~;illll cy,::i.'\; l>,.. ::'/] I 8L_OCK ~ , ~~ .,./: . ,.,,\ rlJ .:;. .. . : ,. c~ ~ i " K' ... l__ \..) " --I I ,. , ... c" <; "\ \ O~ ~..'Q \) \ .. ',' I'-<ACT .::. ~ . , ,. r3 C C r< G~~.Y'S I I iY\\~\? , ~- " 3 4 2 ..' /' ~/': ~;; . \)\'\\O~ ~\) ~, L :',.") C. K z. j.'-7urm /'/ :/ . S \:\GG\~ ! ,. ~" (. . .. '0. (:1.. ! / BOZEMAN, MONTANA UT'ILI"TY EASEIVlENTS GRAF'S 3RD a FIGGINS ADDITIONS - ......._~~..-u_....ii.~1 " . III ~ l ..