HomeMy WebLinkAbout75- SAC Inc., Elk's Club Property Utility Easement
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FILM 31 PAGE 572
EASEMENT AND RIGHT OF WAY AGREEMENT FOR
UTILITY EAS~.~IT
THIS AGREEMENT, Made and entered into this
8th
day of
December
A. D. 197~, by and between
S. A. C.. Tn~..
part~ 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 second part, hereinafter called the Grantee.
WIT N E SSE T H :
WHEREAS, The Grantor__ is the legal record title owner__
of Tract 4, Rearrangement of Elk's Club Property
more particularly described below, and
WHEREAS, The Grantee, in the exercise of its power and authority
as a municipality of the State of Monmna, proposes to construct and
install a water main and necessary
appurtenances to serve various properties located witt,in the
easterly portion of the City of Bozeman and Qne 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 water main and
appurtenances and for such other rights of access and incidental
rights as are hereinafter described, all as hereinafter more particul-
arly provided.
NOW, THEREFORE, in consideration of the sum of $ -0- and other
considerations in hand paid by the City of Bozeman, the receipt where-
of is hereby acknowledged, and in further consideration of the coven-
ants 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
installing, operating, using, repairing, replacing, maintaining and
removing a water main thereto upon and across the
above described property of the Grantor ,said easement and right
of way to consist of a strip of land -rifteen (1')) feet in
width being that portion of Tract 4 parallel and adjacent southwester1J'
to the line common to Tracts 3 and 4 of the Rearrangement of Elk's Club
property in the SvT 1/4 of Section 8, T2S, n6E, MPH, City of Bozeman,
County of Gallatin, Montana.
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FILM 31 FAGE 573
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 water
main 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 water main it will replace at its
sole expense, all existing fences, ditches and other appur-
tenances 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 substan-
tially the same condition that existed prior to the beginning
of operations except that 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 'l.Tl"+,o.,.. m",in
in Auch 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 shodd 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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ATTEST:
, ~,~ ~
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_~ ~.-~;~';:iA~;;~, / "
, .->, ',~erk. "o-f "t>b~.':ity Commission
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", .' APPROVED: " ...
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Cf,:tyAttorney
STATE OF MONTANA )
ss
County of Gallatin)
FILM 31 575
..iL F'ME
THE CITY OF BOZEMAN
Bya
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On this 9th
day of December , 197~, before me, the
undersigned a Notary Public for the State of Mont~na, personnally,
HARDING,
appeared EDMUND P. SEDIVY, SR. and ERNA V. / 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
for and on behalf of said City.
instrument and acknowledged to me that they executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
above wri.tten.
my Notarial Seal on the day and year in this Certificate first
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.... '1 ., JJ?
/1/IlJ . _ ..' /2?~/
Notary Public for the State/ f Montana
Residing at Bozeman, Mont~a
My Commission Expires April 5, 1978.
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filM 31 PACE .576
IN WITNESS WHEREOF, The said parties ~f the first part have
hereunto set thar hands and seals the day and year first above
written.
S. A. C., Inc.
f
By:
ATTEST:
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STATE OF MONTANA )
ss
county of Galla tin)
On this 9th
day of December in the year 19}2-.' before
me, a Notary Public in and for said State personally appeared
ROGER L. CRAFT
known to me to be the
President
of the corporation that executed the within instrument or the
person who executed the instrument on behalf of ~id corporation,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
22.187
Notary Public of
Montana
Residing at Bozeman, Montana
My Commission Expires 4/5/78
State of Montana !
County of Gallatin f 55.
Filed December 11 ,1975
at 10: 30 A. M., and
Recorded in book------11 of
MISCELLANEOUS Page~
CARL L. STUCKY
/" ~.;y cI~~k~& R rder ,
Byc:;~~4. I
o puty
Fee $ --
Rt: City of Bozeman
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FILM
31 PAGE 577
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(/T/L'/TY E45E/WE#T5..' 7A?'AC75 .3t;{.4
~ARRAAl6fMENT OF ..ELKS CLt/L3 ~ROPERTY
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