HomeMy WebLinkAbout71- School District No. 7 Easement & Right of Way Agreement
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EASEMENT AND RIGHT OF WAY AGREEMENT
FOR UTILITY LINES
THIS AGREEMENT, Made and entered into this 29th day of September
in the year of our Lord one thousand nine hundred seventy-one between
School District No.7, 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 Grantor is the legal record title owner of a portion of
the Southeast quarter of the Northwest quarter of Section 12, Township 2
South, Range 5 East and also lying North of Main Street between Eleventh
(11th) Avenue North and Fifteenth (15th) Avenue North in 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 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 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 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 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 in-
stalling, operating, using, repairing, replacing, maintaining and re-
moving 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.
An easement for a municipal water line eight hundred (800) feet
in width through and across the Bozeman High School property lying
between Main Street and the northerly line of the Southeast Quarter of
the Northwest Quarter of Section 12, Township 2 South, Range 5 East,
and beginning at the westerly edge of said High School property and
extending eight hundred (800) feet easterly thereof, the route and
location of said water line, which because of pending school building
program cannot now be determined, shall be designated by the School
District by June 1, 1972, in time for excavation and installation of
said waterline.
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 utilities and appurt-
enances 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 appurt-
enances and privileges unto the said Grantee and to its successors and
assigns forever.
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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 lines and appurten-
ances 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 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 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,
maintaining orremoving said utilities the Grantee will reimburse the
Grantor for any actual damage done to the Grantors premises or crops.
The Grantor hereby covenants and agrees with the Grantee as follows:
1. That at no time will they build, construct, erect or maintain any
permanent structures 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 prlvl-
leges 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, 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, succ-
essors and assigns of the Grantor and upon the successors and assigns of the
Grantee.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal
and the Grantee, The City of Bozeman, has hereunto set its hand, by its
Mayor and its Clerk of the City Commission, each thereunto duly authori-
zed and has caused its corporate seal to be affixed, all on this 29th
day of September . 1971.
SCHOOL DISTRICT No. 7
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STATE OF MONTANA )
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COUNTY OF GALLATIN )
On this ~4f~day of ~f~~~~ 1971, before me the undersigned,
Notary Public~the State'of Montana personally appeared ~IA,~ /~~6r/
4- l1t.k# fJ CJ/.# / /- , known to me to be the person
that executed the within instrument and acknowledged to me that -rhry
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi-
cial seal on the day and year in this certificate first above written.
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l'ublic for the State 0'
iding at Bozeman, Montana
Commission Expires /0 -3/- 7/
STATE OF MONTANA
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NOTf'RY PU[:)UC rort:H~ State of Montana
1-~e:3:::iin7. dt BOlernan, Montana
f/:y Commio:~ion Expires October 31, 1971
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COUNTY OF GALLATIN )
On this 29th day of September , 1971, before me, the undersigned,
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.
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my hand and affixed my Not-
r ificate first above written.
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IN ~nTNESS WHEREOF, I have
arial Seal on the day and year
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N tary b' f r he State of Montana
Residing at Bozeman, Montana
My Commission Expires Cj-;c;-71
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I PLATTED ,- -j
State of Mont., County of Gailatin. as Flied for record October 14 ,'1,971
at 1:50 P. M., and recorded in Book 11 __.of~ MISCE_~EOUS page_~l2.25
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