HomeMy WebLinkAbout75- Montana National Bank Utility Easements (2)
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2'7 }j,CE 967
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Sttit~ of Mont., County of Gallatin. 58 Filed for record February 11 , j 9 75
at 3; 1Q PM., and recorded in Book 27 of Miscella50us page~7
CARL L. STUCKY Recorder. By OLt;- //
Fee: - -r//-,/~/a. :Ll.L.bk"/ Deputy
Ci ty of Bozeman EASEMENT AND RIGIf!' OF WAY AGREEMENT
UTILITY EASEMENTS
THIS AGREEMENT, Made and entered into this
15th
day of
January
A.D. 197~, by and between MONTANA NATIONAL BANK,
TRUSTEE
par~ 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 the legal record title owner
of a portion of Gr;f'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 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 lines ". thereto upon and across the above
described property "of-t-he Gra~tor , said easement and right of way to
~:~~~stt~ef :esStter:fy o:e;a(tO)fe~~n(Jl~_~t- 4- orBI6ck--4 of G:~e;,ts iTnh;:dd~hddition
to the City of Bozeman, Gallatin County, Montana.
FILM 27 t~C[ 968
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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 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 Grant"or9 pnmliaes or crops.
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FI L ~ 27 H.CE 969
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5.
The Grantor__ hereby c~venants 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 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.
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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FILM .27PACE9'?'n
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
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STATE OF MONTANA )
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County of Gallatin)
On this ---1.:L day of C~ 197~, before me) a /qotary( ,J '
public in and for said State, plrsonally appeared Lr' 1< 7J I' ~
Assistant TKust Officer of known ta me to be the person__ whose
HuuLau<1 Mi:lLlUUi:lt ~c1L1k , b ib d t th 'th'
name ~s su scr e 0 e W1 1n
instrument. and acknowledged to me that he
executed the same.
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."J;tilMtt </''1', "'c-,..//t.o/t~ ..:<'
Notary Public for the St~ of.Moq~
Residing at Bozeman, Montana' .. ~/,'
My Commission ~pjres,( .",:.~,,"
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fiLM -27 PACE 971
THE CITY OF BOZEMAN
ATTEST:
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ERNt7AARtiNG ,m ,
Clerk of the City Commission
APPROVED:
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'City Attorne!..-
STATE OF MONTANA
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County of Gallatin)
On this
6th
day of February
. 197~. before me. the
undersigned a Notary Public for the State of Monmna, personnally,
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 nf 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.
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Notary~ublic for the State of
Residing at Bozeman, Montana
My Commission Expires
,NOTARY PUBLIC for the Stste of Montana
Residing at BOZCI;IJIl, Mont,ma
~i Cgmmjssignexpjres December 11, 197Z
Monta na
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