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Home My WebLink About75- Montana National Bank Utility Easements of; r-:;, (,." ~"!' 'l! · ., . :.11' INDEXED PLATTED .~.--- .. .,. .... "\ " ~. ",', ,of" }~ / \ FILM 27 f'f,CE 942 State of Mont., County of Gallatin. ss Flied for record February 11 , 1975 at 1: 40 PM., and recorded in Book 27 of ~.5~la~,.~ DUS page 942 CARL L. STUCKY Recorder. By ca~~~~ Deputy Pee: ---- City of Bozeman EASEMENT AND RIGHT OF WAY AGREEMENT R UTILITY EASEMENTS THIS AGREEMENT, Made and entered into this 15th day of January A.D. 1971--, by and between MONTANA NATIONAL BANK TRUSTEE partz-- of the first part, hereinafter called the Grantor and THE CITY OF BOZEMAN, A ~unicipal 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 Grail s 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 lines 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 moss 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 lines thereto upon and across the above described propertyof-t-he Grantor ,said easement and right of way to consist of a strip of land ___tYl~!!ty__{?.9) _H .,_,.,___" _ .__ feet in width being the easterly twenty (20) feet of Lot 3 of Block 4, of Grafls Third Arldition to the City of Bozeman, Gallatin County, Montana. .- .,. \ flLM 27t!,CE 943 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 les8, 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 pre- vent 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 premisQs for the purpose of repairing, replacing. maintaining or removing said utility lines the Grantee will reimburse the Grantors for any aetual damage done to the Grantors premises or crops. .. \ fILM 27 rACE 944 .5. The Grantor hereby c~venants and agrees with the Grantee as follows: l. 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 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, 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. -3- 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. J '. ... As st. .-.,.".:... .. 'I. FILM 27 rACE 945 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 t;J t };4~j,W0 .J J...rc . I tev So -r- 0 p:r; c_ (; i2--- STATE OF MONTANA ) ss County of Gallatin) . ./, On this --:Jt- day of ~ 197~, before m~, a ,notary II ' public in and for said State, personally appeared ~ . I< 7)F b:1au/ Trust Officer of Montana Natl Bank known t& me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. 1,.1" ~ ,-;", "; ,'/~ . . .. i ...",.,..... -4- ,~- r '. "'. <' fILM 27 I-AGE 946 THE CITY OF BOZEMAN ATTEST: Commission APPROVED: <,", / --".-' . ..// ,,:~ .' ~.. A'-~")YL-rr--&;/-7 Cfty Attorney./ /'--- STATE OF MONTANA ) ss County of Gallatin ) On this 6th day of Februarv , 1972..' before me, the undersigned a Notary Public for the State of MOntana, personally, appeared Edmund P. Sedivy, Sr. and Erna V. HardinR 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 first above written. . 'I;;; 1 S!111ffl'lff " .Q J /, .:\..\ \). .~I r-- ~/. rt '\ :)\. 1["f'H... ' ~ l: ~t'~~~ -:...:~~..." '.IIIi~/'< ~ "',,> -, ~', j.' · <:lUA'l' '. ~, ":- .. "',-...>" ~" ~ . ,11- .~ .,,,.. \~~\r'~ '. \ ~ ~ ..[ ~.t~L' l ~. ~.; t ~". .... . . ': ;.;'. ... '. )1- " ,. ,.,< , .- ;... iII.lf'.. ....-.,..;}'" :.-- ~ t.f'.h........~ .,......t...~~\,""~ """...., (;"rr,.,~..~f"" ':,"'-",' ",.. I,J r~"" ,".f _ ~'. I; .. .j"'. . ",'1 If i..,~ t ~ I ,r! I f I \ !," \ t,' ,. 2J tJ ublic f r the State of Me ana, Residing at Bozeman, Montana My Commission Expires !NOTARY PUDUC for th8 S!.21C (;( ,\1: ~!]N~ Residing at BlJzcmJll, M;r;lJnJ My Commissioll expires OccemlM II. 1977 ....'. ....~~ .. ,I; . -. \~s ~\GG '\\o~ ~ \)\)\ oj: 0' , .. M ,. J .','j '-1 ',~ ., I..., . I ..... "i1 I ~ ! ~ "' .1U + '1', ]", ,. " .' n 1 d, W' "I- ,; << UTILITY EASEME~JTS . . GRAF'S 3RD a FIGGINS ADDITIONS BOZEMAN) MONTANA in rj L / ., j;~ // //', / ' ~ ~. , / :/ '/ , , . 1. ,~ .' r 2 y'S rJ~~ ... ;-. 4 ~j L, r< " :3 4 'l ~'(\\~~ , -~._--J ! ::" '..j .,< I - '" k r:; T ~ \o~ \) \ "\ ~\) B L. u~ K 4 ": -, ,f B i. () l) ....' :, .;, -. . I '- >