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HomeMy WebLinkAbout82- Bozeman Livestock Co. Water Line Easement S J M fiLM 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. ..1" " FILM 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. -2- 1 fiLM 74p~GE1760 5. -3- 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. ... \ \ fILM 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. 7~#~ /' // -- ---- /-/~ / ~// /"- - ~ ~ .-. ~~-~ ~-~- l'rc~;ident ~..... .......-. 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 . . ; \ ~ce~~l~-~f. Hc' n l .," 'I Rcsidi'W, 'It [~(\;:'''')',[]. Montana i!v (','lnrllis,';ir>\1 l:>pirr.'f; .' "'" '" , ~ . ~ . '!/ ~:,~ -'" ;' ,", J! (~ .~-: l.;:(' ~ , , . ',J~' L~~.. '- - r': . 10.. ~,Qof;""'~."l'l'-:. .,~"'.' . ,I' '. , ". ., ~ .... ~" .. . . ~ ~ - .,....-. . ~. ": ~ "'" --: "GlARY pue!) '.,' l.~~~ state of Montea RaidllIa at BoiiID8Il. lAont8na ..Or'."'........... ~~., - ~ ;;-'""'l ;;;. ~ \ .. 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 ) . . County of Gallatin ) S5 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 -5- .' l.D o I ..J 1. ~ I . t . . ,~,... I I- I I '_..i- t I I I I _-" r' ;..---- .... ,-t-- .-- I . I , ---r-r .- --,.t.. j' . .., -1-. I I- I I , . ~... \ \ ~---~T I ., t.- I --to _ _.. I I I '-- I __1 ~ I . _ _ _ ,__I. I I -~~-- .Jl ~uTr~-- -.. . - '-t I I .. I ,. I .I.. I I I I ....'T I I I -_..; ~~_. ....\ .--. : t , -.. ",.1. I I 5 o " , . 'tIIIII o : i! i ~ , I "..i,. .. I ~ +- - ............ +.J. to... . t .. .. I ~ ~ +- ,...\-... . ~ .. '"T''' ....j. I I +- +----- i j . - . ~ . - . . , I ~--, f ,... I -.,..-............... 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I :i. jST4 0-135 /NSTALL 4S.BEND (THRUST I BLoCK \O:~ ~~s TORE STREAM CNOS"N6 , , \ " " ... ... ,J 'IlJ ~, t;: , G> lti ):: ::- p \ r \ p /' / \3"- / / " '-- -~- '- "') ,,- /^' I ~~~ II\~ __ !:l\ ~ t:---.~ ",Ui~ <:" '" 'iB~ ,.,,"-~ h;~a f'\"~ :-t.~::: "'~~ t3 f) -.... ~~~ Vi~ ~t f)~ :'.:!-.... ~ / / / 1.1\ ~~. &~ 'u.. . ~ ~' Ii'/J, ~Ii' ,p...~1 \ , \", '~ -tsTA 2-122 INSTALL Z2J::..BEND -- - - "'- ;57A 2-142.1NSTALL 45 "BEND t TNRI./ST I BLOCk 15T4 2-152 INSTALL 11-1 J SOLI.? SLEEVE lWI7H SET SCREW MJ RETAINER GLANO oN [%IS TING 16'. PIPE TO NORTh' \ ~ t- v) :-t. I, I ~~ \ ~ '- '- ... '- '- , / / /~ Ii) / ~~ / ('-- '-- 11;'" '~ ~ ~~ ~lti ~ ~~ " " ~ ~ ~ \j i\