HomeMy WebLinkAbout81- Cowdrey Water Line Easement
Rt: City of"Bozeman, 6" '409
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,,___, . _Recorder. By _ __' _ ,-'_~ 'n fF) !I t\
EASEMENT AND RIGHT OF WAY AGREEM[NT fOR
WATER LINE
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THIS AGREEr~EHT, ;/Iade and enter'cd into ti,:" 21~LiY or
_~~~___"'____ A. [J, 19 ~.~_, by and bctv!E:en ~~~~~_~_~_~_&."__
lllnV CQWORcV P-lri' of th'" ~,,^t P")'( hp""ir'e>fj'PI'
..__..\l.U...LLl___. . L....L____.......__...._.._._.. .W"'___'_'.___"'___ .. ( .'..y....",.. ~ '." f \ I ..J ~ u. . :' ,-. ( t~ It.!. \.> .,.,
called the Grantor ,,' and THE CITY OF BOlEMAN. a municipal corpor-
ation of the State-"of Montana, in Gallatin County, the party of
the sc:cond rid rt. herei r1cfU?r call ed the Grantee,
WIT N E SSE T H :
~!HFREAS, The Grantor..___ __~_~_n__ the leGal record title aI-mer of
the N 77' Lot 2 and the S 18' Lot 3 Block C, Graf's 2nd Rearr. B6 of Kirk's Sub.
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WHLREAS, The Grantee, in the QXf.~I~cise of it:; po';,jer and authority
as a municipality of the State of Montana, proposes to construct and
install a waterline "and necessary appurt(~nances to serve
va ri ous prop-ertTes-Tocated--wffh-i n the Northwest , porti on to the
City of Bozeman and one or more such fln(~s-wouTdrun- across the
Grantors land; and
WHEREAS, The Grantee des i res to acqui re from the Grantor ,
and the Grantor , is willing to grant to the Grantee an ea-se-
ment and right ofway--a-c-ross the above described property of the
Grantor , and his heirs, executors, administr-ators, successor's,
and assTgrls, for-The--pu-rpose of installing, operatinq, using, r-cpair-
i ng, rep 1 aei ng, ma i nta i ni ng, and rernovi ng sa i dn,__\1C!1gf"'_J_i!l~_______,
and appurtenances and for such other rights of aCC2SS lid incide~lal
rights as are hereinafter described, all as hereinafter more particul-
arly provided.
NOW, THEREFORE, in consideration of the sum of S XXXXX dnd
other considerations in hand pa-jd by the City of Gozr-'J1:~}-li-~-fhe receipt
whereof is hereby acknowledged, and in further conSiderJtion of the
covenants and aCJreements betwi:.'en the parties he1"0to, thE Grantor'
has, " '" granted, bargained, sold conveyed,
Elncj-cc;;:j-rr;-iii--;-cj-iillY by" th"e"se--~)-resents does "he reby (i r nt, ba qli in,
sell , convey, and confirm unto the saTa--G-rantee and it'. successors
and assigns the following rights and privileges for0vP
1. A perpetual easement and right of way for the purpose of
installing, operating, using, repairing, replacing, maintaining
and renloving a vlater 1 ine then~to upon and ClCn,\',,:; the above
described prope-l~'t:Y--of,-~.tJie."Gr-anlo-r- , said easern(~nt and right of
way to cons i s t of a s t ri p of 1 and----- twenty-fi ve
feet in width being more particu1arTycfes-cribed -as-forro~v"i,-:--
An easement 25 feet wide on the eas~ side of a tract of land being
that tract recorded on Film 37, Page 2511, Gallatin County Records,
being the North Seventy-Seven feet of Lot 2 and the South Eighteen
feet of Lot 3 of Block C of Graf's Second Rearrangement of Block 6
of Kirk's Second Subdivision, and located in the Northwest one-quarter
of Section Twelve, Township Two South, Range Five East, Montana Prin-
cipal Meridian, City of Bozeman, Gallatin County, Montana: the easement
being further described as follows:
Beginning at the NE corner of said tract, thence South 00025'38" West
a'8ng the east line of said tract a distance of 95 feet; thence South
89 16'01" West along ~he south line of said tract a distance of 25
fe~t, thence North 00 25' 38" East a distance of 95 feet; thence North
89 16'01" East along the north line of said tract to the point of
beginning. Said easement to include 2,375 square feet.
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filM 62p~GE 410
fiLM 61 P~GE 580
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 fo1ll')ws:
l. Tha t , in connection with the installing, operating,
using, repairing, replacing, maintaining and removing,
of said wa ter 1 i ne 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 as 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 line
in Ruch 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 shedd 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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fllM 62 PAGE 411
5. f::U~ 61 PAGE 581
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
line 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 line .
2. That the Grantee may peaceably hold and enjoy the rights
and privileges here~n granted without any interruption by
the GrantoI'__ 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, administratf'rs,
successors and assigns, shall warrant and defend the t HIe
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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FILM 62 PAGE 412
f::U~ 61 P~GE 582
IN WITNESS WHEREOF, 1 he s ai r I :' it r t i I)' (I ( ! i r\ ~' ii', ~ ;1 ! : (n) Ij ( I
hereunto ::;et their h,)t)(Jc; onrl sr',lL, ti: ( , r! (1 " ill! ',) , ' j I ! ~ \ ; "1 './ i
written.
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STAT[ OF r'10:nAN/\ ) tL~
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County of Callatin )
On this fl7~ day Of~';)1.\tl.1..il...~1'}81, 11Clol'c 1'iI', ,iliJ(,(li'Y
public in and-f'o'r'-said StClfr,;,'-ric'r's'o' -'111y' 'ilPIII>H'cd ____~~, j.v~
I wh~s~ii!~1:0-::t::r~:~~:~:1 to Pl~ 11:;:; c ~~ b;~c t;:' ~;: ~ 11 S
yl/ithin instrument, dnd acknOl'iledqecl to 1:11' UI,l1 __~~ ..
executed the (;(11i:r'.
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FilM 61 PAGE 583
THE CITY OF BOZEMAN
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\,,1,. ~,~u>!\~~rk of the City c.~mmi8sion
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STATE OF MONTANA )
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County of Gallatin)
On thi'l ___1...!.- dRY of L~El_____, 19 8t" befi..re me, the
Ll~dE'l"~1ignC:1 a Notary rubU,c f,r ('lW St~d:,e of Nonta n;:i, personnaD",
i',np":"n:o __"_.P.E~_!l~'...l:!acN~b._.~_~E.~~,'y-~_, Harding _____ known
~() f'1e to be th~ Mayor i.t:d Cle,\;. of the City COIllI;1is:=;lc,r, respectively,
of ',be CJ.~,)' r.f p")2;Cman. ...,hOSt;' flf'm':3 Are SUbSCl"lhed t. ,I the withill
instr ,lu;,;,r;,t tnd ;,;,cl,-,1v\-il(;dged to Tl" thAt t!\c.y e>'(~cllted th,~ same
for and on behalf of said City.
!.N WITNESS WHF.RIWF, I have herel1n~o set m~' hand flnd affixl~<l
my N'JtarlHl Seal on the day 8,nd year in thts Certific:att'::! first
above wrttten.
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1-- \ He for the State (If Montana
S}', ., 0" Residing a~ Eoz.",man, Monta,na
, -{, "" IND,X..0 \ My CouunlSBl.On hxpires Januarv 6, 1984
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State of Montana I
County of Gallatin f 55.
Filet! JANUARY 23 ,19 81
at 11 . ] 0 A M., and
Recorded in book 61 of
MISCELLANEOUS Page---229
, Cu~iUt"'((tj~
~ ,County Clerk & Reco;der
By :t./2-JU! J /l' /)~
Deputy
Fee $ - - - -
Rt: City of Bozeman