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HomeMy WebLinkAbout79- Stephanzoff Utility Easement . ; IND€XEDV. \ " ~LA-nEO iLl Ii . lvaived ....... ,--- ;. J Jtf '':-, " J ,Rt: City of Bozeman 624~J9 r 11..'" v ,;, ,'; """':",'C; , State of Mont., County ot GC'I!latin. SR t:~c:~ {..II" ("+"111... t!gy.2.~., I ~ 79 at 4: 00 PM., and recorded in Book ~_.OL~E;.LLANEOUS . _,_\::>riL.....}14 .fucifft <t. 13~ Recorder. By =- 0'~Mo. :'z",cty EASEMENT AND RIGHT OF WAY AGR EI ,IT ~OR - ., UT I L I TV EAS EM ~JiL__._. ________ THIS AGREEMENT, Made and entered into this J_Ltb....-__ day of April A. D. 197..2......... ' by and between ALLEGRA EUGENIA ~{~~~~6ffF 1\. S.. part~ of the first part, hereinafter ca 11 ed the Grantor __ and THE CITY OF BOZEMAN, a muni ci pa 1 corpor- ation 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 Lot 2. Block 4. Graf's First Subdivision WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install water & sewer lines and necessary appurtenances to serve various properties located within the Southeast portion to 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 ease- ment and right of way across the above described property of the Grantor ,and her hei rs, executors, admi ni strators, successors, and assigns, for the purpose of installing, operating, using, repair- ing, replacing, maintaining, and removing said water and s~wer lines and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particul- arly provi ded. NOW, THEREFORE, in consideration of the sum of $ 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 forever: l. A perpetual easement and right of way for the purpose of installing, operating, using, repairing. replacing. maintaining and removing water & sewer lines thereto upon and across the above described property of the Grantor___, said easement and right of way to consist of a strip of land thirty (30) feet in width being more particularly described as follows: A permanent utility easement, 30 feet northerly, parallel. and contiguous to the fallowing described line, with a construction easement 15 feet northerly. parallel, and contiguous to the permanent utility easement. Beginning at the southeast corner of said Lot 2; thence North 64 06' 40" West, along the southerly boundary of said Lot 2. a distance of 107.9 feet. to the southwest corner of said Lot 2. ., . , . --- ...- - 9J5 flU;' J )" <wi .ll 2. The perpetual right of ingress and egress tn and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said water and sewer lines 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. Tha t , in connection with the installing, operating, using, repairing, replacing, maintaining and removing. of said water and sewer 1 i nes 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 8S 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 water and sewer 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 shadd 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. -2- . . , , .-- '-" J ~1.6 5. FIUi v ,i?J The Grantor__ hereby c~venants and agrees with the Grantee as follows: l. That at no time will they build, construct, erect or maintain any permanent structure over or above the said water and sewer lines unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainence, replacement and removal of said water and sewer lines . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor __ or ~ 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, administrat~rs, 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. -3- , ~ ., . ~',~, ~J c".. .,.., F 11 ti V: .;.~. , IN WITNESS WHEREOF, The said parties ~f the first part have hereunto set thar hands and seals the day and year first above written. ~ By: President ATtEST: Secretary STATE of MONTANA ) : S8 county of Galla tin) day of ~iO the year l~~ before On this // ~ me, ~ Notary Public io aod for said State personally appeared , ~~.t' Je//~own to me ro he the A-~ of the corporation that executed the within instrument or the person who executed the instrument on behalf of sid 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. ;<../'c.- ~.... ~\' 111111lflrr Notary Publ ic f he Sta te ~,f.\~\ '\iIiV;1..':Ii"""",,,, Montana ,.;':" , ......~~.:'~~/'" . . ......... _.,...'" i. ," \ If.. ~ Res1d1ng at Bozeman, Monta~l,' ~"':1' :C,. .....~ 1.' My Commission Expires /' ~ .o:l ~ ":,... S - to-'". A . : ... - - . ~ ~~. ~~~ ~ ~ j f -:.~.. ~ ~ ~ ~J1i ON' "- ;/II A. r II ..- $ ~ ..~ . .... ........ ~,~ \J..h.I~.~\ ~,~' "", at t\ ..,,1" "''1"",,,\\' -4- . I,. . ...--. ". J 91.8 fill,', '/1' c,.,t , , \~, -4_ ATTEST: ./ ,,'" ". r--- Commission \ I.li. \ .. ... , . l ' ~ " ;"" ~ . 110. . ~ ~ APPROVED: ;"~" .. . -' ... rj' ~" ,,:',/, ;' .. .' ",,' f ' ..ti ~, -i ,~., ;. " '. "~'x.) .. 't Q\.' ./ )'~ ',r,~' ~' ~'." \', , :, I"C i'" \1.(), , ." 1'88:l ./t"t ",. . .. I" , '. .,,, Ci ~'i; -"'.. ..... ~"., . ,'>j('\' h.1'11{ ........... 0.'" .,c,", co"" ,'1.' ' STATE OF MONTANA ) : ss County of Gallatin) On this /llJ da y 0 f )Il/;"I , 197i:, before me, the J' undersigned a Notary Public for the State of Monmna, personnally, appearedt~"'')'''''''''l'A, i? Ser:t"t'~(j $ l:.ld.;.n, [,? ~'A.dt..~ 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 this Certificate first above wri.tten. ,\ ','\ .'~ I n.' I J!j l~/' ,,,.~,\~\ AO ~"""" ,~'. "\"' '...,.....4/a...,.. .:..~,' ";1~' ...... ..... ~;.;,~ Nota Public for the State of Montana ;' . ."'~lA~ ,,~. '#, ~ .~,' ,:,:... :'tr,. ~ :" . J U(\ '!:. Res iog at Bozeman, Moc;tana f € SE"{ r'i' ',,~.' .!.. .... '. .. ~ My Commis sian Expires hiU'''''''''''j- /'" 1ft!' ~ : " ~'! : ~ ;. .\.,' ,.f.. ~\, ~ l' = ~.d':.. .;:: !,. -,.. . ", ...... ....,." , ... ,.... '.:',:, :-' . ~ ~ ~.Il, "t.",~,~:':.~.f,41....". ~ \.Ir;." ""111-1, 0" ",,,,, \\",,, "''''flIHn\''' . ," . , , . . . -{\. ~ ;C''i' "J', ,p " ,;J/ " " """' , /., ".' ,,l,t,., GQAF'S FIRST ' ~ "',2<2 o n '\ ALL E 612A / 0~c2..s, SUBDIVISiON ~.\o ,\~'o' [UGEN IA '6~". STH?ANZOFF ~ 5,,-, 6~ / / GI2At: ! 4 I ; I I I i i I '" a I " '. ", 4) i , ,"'t ! '.........~ " 4 3 WALTC121 MAQTEL - a w oEANNE L. MAQTEL l() > - - ~ a z 0 -.'- >- -,,~-~~,- z W '::::L () - 0- / / I / // / ~ ~ "f:) , . ... . . . . . ....J........_ i."J r:11j;: '\:">-0 ~ . :i',f' ~ '" l l\T,LF,GRA. EUGENIA S'l'EPHA "JZOFP F'ASF~,mNT v' t.c, .,(,.. I.,OT 2 , BLOCK 4 , GRh..F'S FIPS"" SPB-DIVISlon ~:arch 10, 1079 A permJnent utility easement, 30 feet northerly, pJrall(>l, and contiguous to the following dpscribed line, with a construction easement 15 feet northerly, parallel, and contiquous to the permanent utility easement. Beginning at the southeast corner of said Lo t~ 2 ; thence !lorth 040 06' 40" ~'1est , along the southerly boundary of said Lot 2 , a distance of 107.9 feet, to the southwest corner of said Lot ~ .