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HomeMy WebLinkAbout72- SAC Inc., Elks Club Property Utility Lines ...... .~ . . . ... F . .. f,,-~ t4 Cl.r~ 654 EASEMENT AND RIGHT OF WAY AGREEMENT FOR UTILITY LINES THIS AGREEMENT, Made and entered into this 11th day of i'1.W A. D. 1972 , by and between S.A.C. Inc. 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 of portions of the NW~ . is the legal record title owner__ gT,1.~/ of Spc:tinn tij Tr1r.n,~h;r ? <::r\11t"hl l~""~n:o 6 East, H.P.H. known as the Rearranger:1ent of the Elks Club Property 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 utilitv lineR necessary appurtenances to serve various properties located within the easterly 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 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 $ 1.00 and other considerations 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 for- ever: 1. A perpetual easement and right of way for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing a utility line thereto upon and across the above described property of the Grantor ,said easement and right of way to consist of a strip of land tw~ty five (25) feet in width lying and being in Tract 5 and a variable width in Tracts 2, 3 and 5 of said Rearrangement of the Elks Club property. ~ permanent easement and right of way for the purpose of installing, oper- at ir~g, us ing, repairing, rep lac ing, :nair;tn ining an(i re~1OvL1t~ ut i 1 i ty ILkS and appurtenances thereto, upon and across portions of the Tract of land lying in the ~\i~\lt, SH~; of Section8 , Tmvnship 2 South, ~{a:1.ge 6 East, l:i.P.H., knO\\7:1 as the ,:,',earrangefi',ent of the Elles Club t'2::'C))erty, and ,!lore partiC'u',ar1.y describe~ as [allows: Ile;o:,innLlg at 2, point sevc'lty (70) feet right of ce~ltcrl:'_~:c Stetiar: "..., , L? 77 F T Ie "0 " (1' '1n" L' "p"" 1 ' " '_I ",- L-,. 1 0..,. - . y; -.: _) j ..J.j lr,e' .,,,' , Delllg t 1e Dortn,\lester LY corner of saiel Rearranr;emcnt of the Elks Club property; the"ce Scut:' 660 57' l1[:" ERst along the northerly line of said pr rerty a rli~~~nce of 247.?5 ;eet to the ",est L.']e of Tract 1 of RDid p-::o'le:cty; thc'Ke :::0Ut!\ 2V 02' 12" ..1- ,-, F h_.~ 1.'1 ,u:~ 6"-55 '" \"0st aloi'g the lvast line of sene, Tract 1 s ,.!islanu; ul ~)5 feet; t~.lC::lce l;or:::h 66" 57' llBII HelOt parallel to and 2S f-eet (ii.stEnt f;c-l,thHesterly~ronl the nort~l- erly property lil\C a d,i.stLl~~lce of 251.63 re.et t':":l ~he 'VJe~~,terly li-!Je. c{ S f:1. it:;. Elks Club Property also being the easterly line of ~>Iitz~er lwemlc; L;W;iCCC North 32" 59' East a distance of 25.38 feet to the point of heginning. Together with a construction easement thirty (30) feet in width lying south- erly and adjacent to the above described easement, said construction ease- ment to run only with the construction period. See attached sheet for additional easement description. 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 amd maintaining said utility line 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 utility line 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 away from the site any large rocks or surplus exca- vated material or any kind of the site any large rocks or surplus excavated material or any kind of febris that may have been ex- posed by the excavation and remaining after backfilling is com- pleted, and will leave the finished surface in substantially the same condition that existed prior to the beginning of oper- ations 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 utility pipeline in such manner as will not hinder or prevent the proper cultiva- tion 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. 5. The Grantees hereby covenants and agrees with the Grantee as follows: 1. That at no time will they build, construct. erect or main- tain 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. -7.- . . , fk..4 t/~ .' c ~, '. r 656 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 premiess; 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 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. ADDITIONAL DESCRIPTION nlso a permanent easement of variable width along the easterly line of sai d Rearrangement of t>-te Elks Cltlh rr01lerty for the, f'uJ:"flost' of in R tall~, C' ~",:) (''IDe r.1. t i. ':.l;~:) llf; i '-'1 ~,,' re :~"l. ~i', '.( i ;~~~:i' :" r: r 1. r'~ C. ~~. qg) .:'.U1 i --\:-=.;:t ~;, "': :i.. l.r: arlrJ. removing utility lines and appurtenances thereto more particu'j arly descrihed as follows: 'r:. '0,':>'\--...(.... .6cFL1",jn[; EcL a poi,rlt bCir,1!. tno. souti14Vc3Lcrly 4or-ner (\:- ~',~, 'Tra.ct Gne (1) of said ltearrnngement kno\'il1 as the Hobi 1 Oil C:ompnny property; thence South 880 42' 56" west along the south line of said Mobil Property a distance of 2].38 feet to a point thence ':Grth 660 57' 48~ West along the south line of the Nobil property a dista;lce of 33.!+CJ feet; thence South Lfo 31' 6.9" East a distance of 157,2/f feet; thence South 52" 12' Ml" Cast a distance of 413.32 feet; thence ~ rjght nn~les a distance of 37.5 feet to a point on the easterly line of sairl ~earrangement; the~ce northerly alons the easterly property line of said Rearra~sement of the Elks Club Property, heiry also the westerly right of way l~ne of the frontage road known as Haggerty Lane, to the point of beginning. Also a construction easement thirty (30) feet in width lying westerly and adjacent to the abovf~ perm,'lnent easement, said construction easement to be in effect only during the construction period. ,:{'-- !1 -3- \ ~. .. . . . F I ,.~ 1 /~ 857 IN WITNESS WHEREOF, The said parties of the first part have here- unto set their hands and seals the day and year first above written. S.A.C., Inc. B ATTEST: j'''',/ n(l- \.1 > Georg '..-L.,~' Secretary STATE OF MONTANA ) ss County of Gallatin) day of ;?;J/}~/ in the year 19; 2" Public in and for said State personally appeared e/l a.c known to me to be the Pres. ent of th corporation that executed the within instrument or the person who executed the instrument on behalf of said 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. ~ .. \ 1 \ I! ~ '.\ \ \~ ';'11 S t~'" :"': ~...~~, \. :.;",L~t..,.,-... .i,.. ,~",~lo, ... t' ',I. I~ ~: ,~- ./~-; ~ ft. I .I( _J . r ."," ~ : ,':" : :.,..... ~ ....... ,.- ; \.f\ .. )~J .~~A ~<" . ~): " ~~ ~~ ". "'- .., '., ...~ ~...... <40 t t . /.' '.... "" r ....... -Ii.; 0 r ~'. '",' f" ~..II , ; \ \ \. e-<~?", J"'/"-" v-? C.;/~~.-..~",<,.:..,,~P;"" . Notai:t'y Publi,e" for the State of Residing at Bozeman, Montana My Connnission Expires ..vA v /' 19 '75--;- . / --7 ~/ -4- ~ , , , .. ." ~ 658 r Ic-~ 14,;(:;: THE CITY OF BOZEMAN By: ATTEST: ....+:'.' > cO /'~Y~ f~~'7~:;;R~~;'~ . Clerk of the"ct';; Conunission APPROVED; M STATE OF MONTANA } ss County of Gallatin} On this 24th day of May 1972, before me, the undersigned a Notary Public for the State of Montana, personally appeared William Grabow 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 acknow1edg:d to me that they executed the same for and on behalf of said City. "\' r. / i ' L\.. ...... .. " ~.;I , .4 '".>..., (' ,. .. -'I f,;; I f d' . r \ l' .jl'.( ',-: ...-, ". ". .....: ~;;.' .....-' 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 ?51! ~"'. - ~ ~ .. :E1\\.. : .. { , / u. otary Public for ,the State of Montana Residing at Bozeman, Montana My Commission Expires CJ-I$--")1 ~.,.. ' . " .' .-:. . ~ l ,. ".:.. INDEX --- -EO PLATT EO State of Montana ~ County of Gallatin f 55. Filed June 2 ,1972 at 9: 30 _~M., and Recorded in book 14 __ of ~: I ,~n ""' I \ 'IT'" ," ",-' .f, t:; J. I', ,)u'-',1,,1 i';<"L"~L_Page~ C c\FtL L. ST U:';t:Y By~:t~ Deputy Fee $ Rt: City of Bozeman -5- 1')( .;. ~ ...... 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