HomeMy WebLinkAbout88- Weaver Public Utilities Easement, 1988
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1 A PUBLIC UTILITIES EASEMENT
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AGREEMENT made this 10- day of , 1988, by and
between the City of Bozeman, a municipal corporation and political
subdivision organized under the laws of the State of Montana,
hereinafter called "the City", and Donald K. Weaver, Jr. and
Martha F. Weaver of 2404 Spring Creek Drive, Bozeman, Montana,
hereafter referred to as "the Owner".
RECITALS
WHEREAS, the Owner is the owner of certain real property
situated in the City of Bozeman, County of Gallatin, State of
Montana, which is legally described by the attached description
which is on file and of record in the office of the Gallatin
County Clerk and Recorder as document number 107710, C.O.S. #
406-D which legal description is hereby incorporated by this
reference and to this easement and which is hereinafter referred
to as the "easement premises"; and, whereas the public utility
easement is legally described on the attached description which is
on file and of record in the office of the Gallatin County Clerk
and Recorder as document number , and which
legal description is hereby incorporated by this reference into
this easement; and,
WHEREAS the parties hereto have determined that it is in the
best interest for the Owner to grant and the City to accept an
easement in said property for public utilities purposes;
NOW THEREFORE in consideration of the foregoing, the parties
hereto mutually agree as follows:
l. The Owner hereby grants and conveys to the City a per-
petual easement to survey, construct, operate, maintain, test,
inspect, repair, remove, replace or abandon in place and control
public utilities, subject to the terms and conditions hereinafter
set forth, in and upon the easement premises together with all
reasonable rights of ingress and egress across adjoining lands
owned by the Owner necessary for the exercise of the rights herein
granted.
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2. The right of ingress and egress herein granted across
adjoining lands of owner shall be exercised and used in such a
manner as not to cause any damage or destruction of any nature
whatsoever to or interruption of the use of adjoining lands owned
by the Owner.
3. The City agrees that the use hereby granted shall be
limited exclusively to the public utilities and uses incidental
thereto.
4. The City agrees that it will save and hold the Owner
harmless from all claims, causes and actions, suits, damages or
demands whatsoever in law and in equity which may arise out of, or
as a consequence of the negligence of the City, or its authorized
agents, servants or employees, in maintaining, repairing and uti-
lizing said public utilities.
5. The City agrees that the Owner shall have the right to
grant other nonexclusive easements over or upon the easement pre-
mises; provided, however, that any such other easements shall be
subject to the easement hereby granted; and provided, and further,
that the City shall have first consented in right to the terms,
nature and location of any such other easement as not interfering
with the rights granted hereunder.
6. Owner hereby reserves the right to use the easement pre-
mises in any manner that will not prevent or interfere with the
exercise by the City of the rights granted hereunder; provided,
however, that the Owner shall not obstruct, or permit to be
obstructed, the easement premises at any time whatsoever without
the express prior written consent of the City.
7. Owner hereby further grants to the City a temporary
construction easement over the real estate subject to this ease-
ment for the purposes of constructing, reconstructing, installing,
repairing and maintaining from time-to-time any and all public
utilities located within the easement aforedescribed.
8. The Owner agrees that the City may assign the rights
granted to it hereunder to any assignee who demonstrates suf-
ficient competence and gives adequate assurances that any work to
be performed pursuant to such assignment shall be conducted in
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good and workmanlike manner, and that owner's interest in the
easement premise shall be protected to the same extent as
hereunder.
9. All rights, title and privileges herein granted,
including all benefits and burdens, shall run with the land and
shall be binding upon and inure to the benefit of the parties
hereto, their respective heirs, personal representatives, suc-
cessors, assigns and legal representatives.
IN WITNESS WHEREOF, the Owner hereto has executed this
instrument on the date first aforementioned.
'1.~(/ ~/ ~ 1lbw-.. .I III Cf7.Zt / ;( /fl!/ CUJt:-J
Donald K. Weaver, Jr0 Martha F. Weaver
State of Montana )
) ss.
County of Gallatin )
On the h~ day Of~ , 1988, before me, a
Notary Public for the State of Monta , personally appeared
Donald K. Weaver, Jr. and Martha F. Weaver, personally known to me
to be the persons whose names are subscribed to the forgoing
instrument and acknowledged said instrument as their free and
voluntary act for the uses and purposes therein set forth.
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ACCEPTANCE
The City of Bozeman, a municipal corporation and a political
subdivision organized under the laws of the State of Montana, does
hereby accept the foregoing Grant and Easement and the terms and
conditions thereof.
IT WITNESS WHEREOF, the City of Bozeman has caused this
acceptance to be executed by its City Manager on the date first
aforementioned.
1/1/~ 2-[ W',/
E. Wysocki, City
Attest:
Clerk
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EXIS T/H6 F:ASEMFNT A/;/IU/tlENT / i ------------.
FILM 71, PAIiF: 2/16 /. / ____________
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SCALE 1..100' I I
BASIS OF BEARING: SPRING MEADOW SUB. II I
BY: SANDERSON/STEWART/GASTON I I I
ENGINEERING INC. I I
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SPRING MEADOw SUBOIVISION
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Exhibit A Hl.. 103,.3184
Easement Description
A 30 foot wide emergency access and utilities easement across
a portion of Parcel 3A of C.o.s. 4060, situated in the NW ~ of
Section 19, T.2S., R.6E., P.M.M., Gallatin County, Montana, and
being 15 feet on each side of the following described centerline:
Beginning at a point on the southerly line of said Tract 3A,
C.O.S. 4060, said point being S89'07'56"E a distance of 231.13
feet from the S.W. corner of said Tract 3A; thence N14.41'16"W a
. distance of 166.08 feet, thence N02.49'10"E a distance of 489.09
feet, thence N1S.46'59"E a distance of 81.00 feet to an angle
point on an existing e~sement agreement recorded on Film 71, pg.
2116, Gallatin County Records, said point being the end of said
easement, and being SlS.46'59"W a distance of 204.50 feet from the
centerline of Fairway Drive at its intersection with the northerly
line of said Parcel 3A, c.o.s. 4060.
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191470
State of Mont.. County of Gallatin. 55 Filed for record November 7th 9/f9 88
at 10: 55A M.. and r-:cordcd i:1 Bo')~{ 103 ~of MISCELLANEOUS page-1l-8O
__~., ge.wl.J. dt... (Wln.& Recorder. By V~-,;?;" t'1 ~;e... .DeDun
Rt: City of Bozeman $25.00