HomeMy WebLinkAbout71- Nickey, Easement & Right of Way Agreement
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EASEMENT AND RIGHT-OF-WAY AGREEMENT
FOR UTILITY EASEMENT
~I AGREEMENT, Made and entered into this J!)' day of
~in the year of our Lord one thousaronine hundred seventy one
be een LOUISE NICKEY, a married woman, party of the first part, and the
CITY OF BOZEMAN, MONTANA, a municipal corporation, the party of the
second part,
WIT N E SSE T H :
WHEREAS, The Grantors are the legal record title owners of Tracts
1, 2, and 3 of Block 1, Triangle 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
properties 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 Grantors, and the
Grantors are willing to grant to the Grantee an easement and right-afwway
across the above described property of the Grantor, and heirs, executors,
administrators, successors and assigns, for the purpose of installing,
operating, using, repairing, replacing, maintaining and removing said
utility 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 follow-
ing 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
utility lines 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.
An easement ten (10) feet in width for the construction and mainten-
ance of an 811 water main thru and across Tracts 1, 2, and 3 of Block 1,
Triangle Annexation to Bozeman, Montana, said lots being part of the
W~, SE~ of Section 11, T2South, Range 5 East and more particularly des-
cribed as follows:
Beginning at a point on the southerly line of U.S. 191, said point
being at right angles to Station 357 + 09.6 and also being a point on the
southerly right-of-way line of said U.S. Highway 191 twenty feet at right
angles to the north-south one-sixteenth (1/16) line of said SE~ of Section
11; thence southwesterly parallel to and ten (10) feet distant southeasterly
of said southerly right-of-way line of said U.S. 191 a distance of four
hundred fifty-nine and thirty-four (459.34) feet to the westerly line of
Tract Three (3) of Block Two of said Triangle Area Annexation.
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Also, a utility easement thirty feet in width thru and across the
southerly portion of a tract of land located in the S~ of Section 11,
T2S, R5E more particularly described as follows:
~. Beginning at the southeast corner of said Tract Three (3) of Block ~^eCt)
~of the Triangle Area Annexation said point being one hundred sixty five
-- (165) feet westerly of the center of the southeast one quarter, SEt of
Section 11; thence westerly along the east west one sixteenth line being
the southerly line of said Tract Three (3) a distance of one hundred
sixty five (165) feet to the west line of said Tract Three (3) thence
northerly along the west line of Tract Three (3) a distance of thirty
(30) feet; thence easterly parallel to and thirty (30) feet distant
northerly from the southerly line of said Tract Three (3) a distance of
one hundred sixty five feet to the east line of said Tract Three (3);
thence southerly thirty (30) feet to the true point of beginning.
Containing within the above described exterior boundaries 4950 square
feet or .1136 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 uttlity lines and appur-
tenances 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 appurtenances and privileges unto the said Grantee and to
its successors and assigns forever.
The Grantee hereby covenants and agrees with the Grantors as follows:
1. That, in connection with the installing, operating, using,
repairing, replacing, maintaining and removing of said utility
lines and appurtenances it will replace, at its Bole expense,
all existing fences, ditches and other appurtenances of said
land that may be disturbed by its operation on 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 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
completed, and will leave the finished surface in substantially
the same condition that existed prior to the beginning of
operations except tha the surface of backfilled areas may be
mounded sufficiently to prevent the formation of depressions
after final settlement has taken place.
3. To operate, use and maintain said utility 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,
replacing, maintaining or removing said utility lines the Grantee
will reimburse the Grantors for any actual damage done to the
Grantors premises or crops.
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5. That upon completion of said construction and acceptance of this
installation the Grantee will pay to the Grantor in addition to the
above mentioned money consideration for this easement, the sum of
OM 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 Grantor for
any such damage caused to the Grantor's premises and current crops
as an incident to the initial construction and installation of the
utility lines and appurtenances.
The Grantors 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 utility lines 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 lines.
2. That the Grantee may peaceably hold and enjoy the rights and
privileges heB!n 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 whosoever.
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~eir hands and seals the day and year first above written.
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ATTEST:
STATE OF MONTANA )
:ss.
County of Gallatin)
On this ,1:3 day of ~c{Jfc(.~ p,--~/ 1971, before me the undersigned,
Notary Public for the state of Montana personally appeared LOUISE NICKEY,
known to me to be the person that executed the within instrument, and
acknowledged to me that she executed the same.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certifi~ first above written.
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.' t FII d f d October 14 " 1971
q,:'t"',. o{ lIJlont County of Gaila In, 55 e or recor " " '8
_ ~L'j_~~5-_LM.. and recor~ed in Boo!< ~oy-~; SCELL~N~~ us.,/_page.-1i1
CARL L. SI~~!<-_~"__~--- P~",,!,~'rc;'. ~,.2~,!I'::t~ (t~"dfJt12 [')C,llty
Rt:-Clt-y- of Bozeman
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THE
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BOZEMAN
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By:
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ATTEST:
RNA V. HARDING,
Clerk of the
APPROVED:
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STATE OF MONTANA )
ss.
County of Gallatin)
On this .l.' 1; day of t-c ' 1>->/.971, before me the undersigned,
Notary Public for the State 0 M ntana personally appeared Louise Nickey,
a married woman, known to me to be the person that executed the within
instrument, and acknowledged to me that she executed the same.
~N WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official
seal on the day and year in this certificate first above written.
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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
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 t Certificate st above written.
of Montana
9 -15- 74
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Joe Strozzi
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CONSENT TO EASEMENT
THE UNDERSIGNED, who hold the portion of lands
that is described in the within and foregoing Easement, of
which this is a part, hereby consents to said Easement; that
all moneys to be paid, to which the undersigned is entitled,
shall be paid to LOUISE NICKEY and applied on the contract
between the undersigned and said LOUISE NICKEY.
That the undersigned will save and hold LOUISE
NICKEY harmless from any claims or causes of action of L. R.
McKINNEY.
IN
WITNESS WIIEREOF, the 7rty hereto has set his
the .2...3 day of I'~)--- , A.D., 1971.
M2(!~N rLL.J
hand and seal
STATE OF MONTANA
ss.
County of Gallatin
On this/-:?; day of f0l;~(t~,. , A.D., 1971,
before me, the undersigned, a Notary Public in and for said
State, personally appeared McKINLEY ANDERSON, known to me to
be the person who executed the instrument, and acknowledged to
me that he executed the same.
affixed my Official Seal, the
first above written.
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