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HomeMy WebLinkAbout50- Moss, Alberda Easement & Right of Way Agreement " " . . . ~ u "1 .... t- -11 5(J4 '" T II; ( ~L ~ EASEMENT AND RIGHT OF WAY AGREEMENT FOR UTILITY LINES & CONSTRUCTION PURPOSES THIS AGREEMENT, Made and entered into this ~ day of September in the year of our Lord one thousand nine hundred seventy-one between George Moss and Dorothy Alberda, parties of the first part. hereinafter known as the Grantors, and the City of Bozeman, Montana. a municipal corporation hereinafter known as the Grantee. the party of the second part, WIT N E SSE T H WHEREAS, The Grantors are the legal record title owners of a tract lying in the Southwest quarter of the Southeast quarter of Section 11, Township 2 South. Range 5 East, also designated as Tract Six (6) of Block Two (2) of the Triangle Area Annexation to the City of Bozeman, Montana, more particularly described below. WHEREAS. the Grantee. in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install utility lines and their necessary appurtenances to serve various proper- ties located within the western portion of the City of Bozeman and one or more such lines would run across the Grantor's land; and WHEREAS, the Grantee desires to acquire from the Grantor~ and the Grantors are willing to grant to the Grantee an easement and right-of~way across the above described property of the Grantors, and heirs, executors. administrators, successors and assigns, for the purpose of installing. operating, using, repairing, replacing, maintaining and removing said utility lines and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $50.00 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, conveyed, 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 install- ing, operating. using, repairing. replacing, maintaining and removing a utility line and appurtenances thereto upon and across the above described property lying within the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows and shown on the attached exhibit. A utili ty easement thirty (30) feet in wid th thru and across a portion of a tract lying in the Southwest quarter of the Southeast quarter of Section 11, Township 2 South. Range 5 East, also designated as Tract 6 of Block 2 of the Triangle Area Annexation to Bozeman, Montana. more parti- cularly described as follows: Beginning at the Northeast corner of said tract thence westerly along the northerly line of said tract a distance of one hundred seventy- eight and fifty-one hundred ths (l78. 51) feet; thence South 42021'30" Wes t a distance of forty-four and fifty-two hundredths (44.52) feet. thence easterly parallel to and thirty (30) feet distant southerly from the nor- therly line of said tract a distance of two hundred and ninety-seven hundredths (200.97) feet to the easterly line of said tract 6; thence northerly along said easterly line a distance of thirty (30) feet to the point of beginning. Containing within the above described exterior boundaries 5692.20 square feet or .131 acres. Together with a construction easement thirty (30) feet in width lying southerly of and adjacent to the above described easement. said constru~ ction easement to be in effect only during the period of construction. -l~ .' ~ L u ~'~ \,,~ 1_505 Also a utility easement thirty (30) feet in width thru and across a portion of a tract in the Southwest quarter of the Southeast quarter of Section 11, Township 2 South, Range 5 East. also designated as Tract 6 of Block 2 of Triangle Area Annexation to Bozeman, Montana. more particularly described as follows: Beginning at the northerly corner of said Tract six (6); thence South 42021'30" West along the southerly right-of-way of U.S. Highway No. 19l, a distance of one hundred sixty-seven and four-tenths (167.4) feet to the northwesterly corner of said tract; thence southerly along the westerly line of said tract to a point which is thirty (30) feet ocright angles to the southerly right-of-way line of U.S. 191; thence North 42021'30" East parallel to and thirty (30) feet distant southerly from said right-of-way a distance of two hundred twenty-two and one- tenth (222.1) feet to the northerly line of said Tract 6; thence west- erly along the northerly line of said Tract six (6) to the point of beginning. Containing within the above described exterior boundaries 5842.50 square feet or .134 acres. Said construction easement to be only in effect during the constru- ction and installation of the utilities. 2. The perpetual right 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 utilities and appurten- ances thereto 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 appurten- ances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantors as follows: I. That. in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said utility lines and appurtenances it will replace. at its sole expense, all existing fences, ditches and other appurtenances of said land that may be disturbed by its operation on a con- dition 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 away from the site of 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 com- pleted. and will leave the finished surface in substantially the same condi- tion that existed prior to the beginning of operations except that the surface of backfilled areas may be mounded sufficiently to prevent the form- ation of depressions after final settlement has taken place. 3. To operate, use and maintain said utilities 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, replacing, main- taining or removing said utilities the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. 5. That upon completion of said construction and acceptance of this install- ation the Grantee will pay to the Grantors in addition to the above mentioned money consideration for this easement, the sum of one dollar ($l.OO) per lineal foot as measured on the centerline of the right-of-way for damages to the premises and crops by virtue of the Grantee's entry thereon. The payment herein specified for damages and crops shall constitute full payment to the Grantors for any such damage caused to the Grantor's premises and current crops as an incident to the initial construction and installation of utility line and appurtenances -2- ~ '. <' - i\ IJ "'1\.-1 ";'1.506 . - ..",.01,.. +.. The Grantors hereby covenant and agree 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 utilities unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance, replacement and removal of said utility. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantors 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 success- ors 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. successors 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. and the party of the second part, the City of Bozeman, has hereunto set its hand, by its Mayor and its Clerk of the City Commission, each thereunto duly authorized and has caused its corporate seal to be affixed, all on this 29th day of September . 1971. ft~i - nw-4AJ , George oss ~' 1-'\-A-fi.--~-f,,1 a,f_fJ-.-.c-L~-.a:../ \1 U JL-v -R__<-_u_CL~_ ClLt.-',tLAj bero( ATTEST: ~ I ".\ I I i (i i //' ,;......~ #, ...... ,..} -3~ 1'" ., . L .' f \lV .i.J,',\Gr.1507 STATE OF MONTANA ) ss COUNTY OF GALLATIN) On this_____ day of Public for the State of Montana be the person that executed the that they executed the same. 1971, before me the undersigned, Notary personally appeared George Moss known to me to within instrument, and acknowledged to me IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires STATE OF MONTANA ) ss COUNTY OF GALLATIN ) On this~ day of ~cP1, 1971. before me the undersigned, Notary Public for the State of Montana personally appeared Dorothy Alberda known to me to be the person that executed the within instrument, and acknowledged to me that she executed the same. IN WITNESS ffi{EllliOF, I have hereunto s on the day and year in this certifi at my hand and aff~xed my official first above wr tten. .s.eal ~'" \ /.. ') \ '.:..." ", . ",,,",, ~. ' "",f .. ~". . ;;:.,,~~,,:.." ""'\ ~-.' C ."<:) . ~-:: ~},. . ' " ';'" /'"i ...... '..~ t':\. : /' ""'.: ..~ , ' r~ i\\.~ ~) l........ . ~.;; ,"" ~r ~ 1" "'. " ,,,' .......,~ ~.r~ ", l " ",';1; O~ \," , . ~ . " . , '" ! STATE OF MONTANA ) ss COUNTY OF GALLATIN ) On this 29th day of September 1971, before me, the undersigned a Notary Public for the State of Montana, personally appeared Don M. Langohr, Jr., 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 exe- cuted the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set Seal on the day and year in this Certificat affixed my Notary ltten. INDEXED ,,,,""'-"-- /1' i PLATTED v N tary PubliC for e State of Montana Residing at Bozeman, Montana My Commission Expires o/-)5~74 ~.1;f..:~ ~ ~~'~" . F't d f d October 14 ta 71 Stat,.; {It ~j'ont., County of Gallatin. 55 I e or recor I ~ at 1: 30 p~ M., and recorded in BOI)~t 11 .of MISCELLANEOUS page-.-J.204 CAR,L _L_. STUCKY__E::::ot,;!el", eYc~~~-l(4Y ftr-c?Jtl.b<" Deputy Rt: Cit y of Bozeman -4- N ------U~-fJ-CIT ":el c. 0 N S i. E A-Sf MEN T WEST MAIN ~ ~ . / ~ ": / / 5 , ~ , / / C? ~/~ 0, , ..g f\: \() EI/Swo.erh' w. t M6U5.54 C, HI'C,e;s / 30' COA/5T EAS~ MEAlr 238,51 <J ('() y 6 10 A C. GEORGE MOSS a DOROTHY ALBERDA I": 50' ... '....