HomeMy WebLinkAbout82- Bozeman Livestock Co. Water Line Easement
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106124 ~ ta~e5 0 ont., County ~f Gallatin.. ss Filed jor recorJ Feb.
. 19JLLatl.SQPM.. and recordod ill Hook 74 of
HISC, page175? Gar~.pringle 1. '
of Bozeman ~, /~ ~ ~ /:h~:;~~:
EASEMENT AND RIGHT OF WAY A REEMENl' FOR
A WATER LINE
74PAGE1758
THIS AGREEt~ENT, Made and entered into tfl"is .__1.&1:..__ day of
December
A. D. 19~, by and between Bozeman
Livestock Company. Inc. part.1- of the first part, hereinafter
called the Grantor and THE CITY OF BOZEMAN, a municipal corpor-
ation of the State()f 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
~-2ortion of S~ction 6, PS, RCE, HPr1
WHEREAS, The Grantee, in the exercise of its power and authority
as a municipality of the State of Montana, proposes to construct and
install a water line and necessary appurtenances to serve
various properties located within the northeast portion to the
City of Bozeman and one or more such lines would run ~cross 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 oTway across the above described property of the
Grantor , and its heirs, executors, administrators, successors,
and assigns, for the purpose of installing, operating, using, repair-
ing, replacing, maintaining, and removing said water line
and appurtenances and for such other ri ghts of access and-lncfcfe-iiTa 1
rights as are hereinafter described, all as hereinafter more particul-
a rly provi ded.
NOW, THEREFORE, in consideration of the sum of $ -- and
other considerations in hand paid by the City of Bozenla~e 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 confi rlred and by fhese presents does hereby grant, bargai n,
se 11, convey, and confi rm 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
installing, operating, using, repairing, replacing, maintaining
and removing a water 1 ine thereto upon and across the above
described property of the Grantor ,said easement and right of
way to consist of a strip of land- 30 (thirty)
feet in width being more particularly described as follows:
Beginning at the Northeast corner of dection 6, Township 2 South,
Range 6 East, P.M.M., thence South 14 59' 53" West, a distance of
674.52 feet to the true point of beginning; said point being on the
centerline of a thirty (30) foot wide permanent easement ang a
sixty (60) foot wide construction easement, thence Sout8 24
35' 34" t-Jest, a distance of 20.00 feet; thence S8uth 20 24' 26"
East, a distance of 103.00 feet; thence douth 69 35' 34" West, a
distance of 103.00 feet; thence South 24 35' 34" West, a distance
of 20.00 feet to the end of the permanent easement. Said permanent
easement contains 0.169 acres.
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74p~GE1759
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
water 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 water line it will replace at its
sole expense, all existing fences, ditches and other appur-
tenances of said land that may be disturbed by its oppration
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 prinr 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 line
in Auch 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 shodd 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.
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5.
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The Grantor__ hereby c~venants and agrees with the Grantee as f~llows:
1. That at no time will they build, construct, erect or ~.intain
any permanent structure over or above the said water line
unless such structure is built, constructed
and maintained in such a manner that it would n~t interfere
with the operation, use, repair, maintaincnce, replnccment
and removal of said water line
2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by
the Grantor__ or ~ successors and aS8igns.
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.
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7~P~GE~761
IN WITNESS WHEREOF, The said parties n[ the first part have
hereunto set thdr hands and seals thf.' day and year fir>it above
written.
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ATTEST:
By:
7 ' / /1
_ <-./A A Jl~ "J ""7J-A.<.--o-F-/ -2.-/
(/ Secretary
STATE OF MO:,nJ\~;\ )
5S
county of Gallatin)
On this --.LS+-- _ day of ])e...c~ in the yell!" l'I..~2...:, before
me, a Notary l'ublL~ in and for s,lid St.1t.~ 11l'l"sollalIy :il)!\('Hred
;::::f,' M 15<>'-0 I~$._
-:P'r~ $" J t'".,J f-
_~___.._.__. n,.,_" ,__,~_,~~...,~.................
known to me to be tbc
0f the corporation that executed till' within instrument ..r the'
person \..ho e~ec\tted tIll' instnlll1l'nt on he'll,IIt {)f ~l id c(lrpnrntiol1.
an,1 ackn"wlf'dged tn In,' that such "'-"p,'I;lti-.'!l (-)(('(11[1'<\ the S-'lInC,
IN \>l1TNESS WHI:FEOF, 1 hw:c hercllt!t" .'H't my hrll\d an:! ;IUJxcd
my ot:ficJal f'eal t~\C day and y.';H' in tliU; CL'l-lificalr- first aLcvc
....' r it' ," 1 .
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Rcsidi'W, 'It [~(\;:'''')',[]. Montana
i!v (','lnrllis,';ir>\1 l:>pirr.'f;
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"GlARY pue!) '.,' l.~~~ state of Montea
RaidllIa at BoiiID8Il. lAont8na
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filM 7 4 P~GE 1762
THE CITY OF BOZEMAN
BY;~/~'~..~ .
ayor .~.
ATTEST:
~--J'. r,-'
QObtn ~s;_lf{ ~:a~':J~~i~~
Clerk--tif -th~~tn:y COlT11li ss i on
APPROVED:,
STATE OF MONTANA )
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County of Gallatin )
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On thi s 5th day of
January
. 19~, before me, the
undersigned a Notary Public for the State of Montana, personally,
Sullivan
appeared Alfred M. Stiff and Robin L. / known to me to
be the Mayor and Clerk of the City COlT11lission 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
written.
~~ (!- ci/~
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires 4-30-85
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