HomeMy WebLinkAbout90- McMeekin-St. Lawrence Public Utility Easement, 1990
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PUBLIC UTILITY EASEMENT
VELMA LEA McMEEKIN-ST. LAWRENCE of 425 East Cottonwood,
DANIEL A. KIFER of 620 North Rouse and BILL AND CHERYL ROLLER of
619 North Church, all of Bozeman, Montana, hereinafter referred
to as grantor, in consideration of having a portion of Cottonwood
Street vacated, and for other good and valuable consideration,
receipt of which is hereby acknowledged, grants to the CITY OF
BOZEMAN, a municipal corporation and political subdivision of the
State of Montana, hereinafter referred to as City, its successors
and assigns, a 30' wide perpetual easement in the vacated
Cottonwood Street right-of-way for use by the City for public
utilities, stream access and water well development with the
centerline of said easement being described as follows:
Beginning at the intersection of the centerline of
Cottonwood Street and the west line of Church Avenue in
the Northern Pacific Addition to the City of Bozeman,
Montana; thence south along the west line of Church
Avenue a distance of 15 feet; thence west, 15 feet
south of and parallel to the centerline of Cottonwood
Street a distance of 318.47 feet; thence north along
the west line of Rouse Avenue a distance of 15 feet to
the centerline of Cottonwood Street; thence east along
the centerline of Cottonwood Street a distance of
168.35 feet; thence north, parallel to the west line of
Church Avenue a distance of 15 feet; thence east, 15
feet north of and parallel to the centerline of
Cottonwood Street, a distance of 150 feet; thence south
along the west line of Church Avenue a distance of 15
feet to the point of beginning.
The grant includes the right of the City, its successors,
permittees, licenses, and assigns and its and their agents and
employees, to enter at all times upon the above-described
easement in order to survey and establish the route and location
of the easement and to:
1. Construct, operate, patrol, repair, substitute, remove,
enlarge, replace, and maintain public utilities and any
pipeline, services, connections, accessories and
appurtenances' thereto; access the stream located
thereby and construct, install, operate and maintain a
water well and necessary equipment and appurtenances.
2 . Trim, remove, destroy or otherwise control any trees
and brush inside or outside the boundaries of the
easement which may, in the opinion of the grantee,
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interfere or threaten to interfere with or be hazardous
to the purposes aforementioned.
3. Grade the land subject to this easement and extend the
cuts and fills of this grading into and upon the land
adjacent to that which is subject to this easement to
the extent the grantee may find reasonably necessary.
Grantors agree not to encroach upon nor interfere with
City's use of said easement as herein set forth.
The terms, convenants and provisions of this easement shall
extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns
of the Grantors and inure to the benefit and be enforceable by
the City, and its successors and assigns.
Dated this 1!day of ~ , 1990.
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425 East Cottonwood
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DANIEL A. KIFER of 62 N. Rouse
and~~
CHERYL ROLLER of 619 North urch
STATE OF MONTANA )
: ss.
County of Gallatin)
On this Jf~ day of ~ , 1990, before me,
a Notary Public for the State of Montana, personally appeared
VELMA LEA McMEEKIN 425 East Cottonwood, DANIEL A.
KIFER of 620 N. Rouse, and BILL and CHERYL ROLLER of 619 North
Church, known to me to be the persons whose names are subscribed
to the within instrument and acknowledged to me that they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
seal year first written above.
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",'-If. .,..... ~,.." . 3.53 P" lAd recorded I Book . 19 93
""'1, e OF'HO\\",,"'" Shelley M.J Ch ' A, 133 0' MISCELLANEOUS -
t:~"."."'"lI''''' . eney ~ordlr Ih. ~i . ~ ~.JaII 3997
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FEE: $12.00
RT: CITY OF BOZEMAN
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