HomeMy WebLinkAbout87- Gallatin County Easement and Right-of-Way Agreement, 1987
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FILM 101 PAGE 4296
EASEMENT AND RIGHT-OF-WAY AGREEMENT
THIS AGREEMENT, made and entered into this / J ~./4-..
day of
July, 1987, by and between County of Gallatin, a political
subdivision of the State of Montana, party of the first part,
hereinafter called the Grantor and the CITY OF BOZEMAN, a
municipal corporation 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 the
Gallatin County Fairgrounds which is more particularly described
as a tract of land located in the southwest quarter of Section 6,
Township 2 South, Range 6 East principal meridian Montana.
WHEREAS, The Grantor proposes to construct and install a
waterline and necessary appurtenances to serve the Gallatin County
Fairgrounds 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 easement
and right-of-way across the above described property of the
Grantor, and its heirs, executors, administrators, successors,
and assigns, for the purpose of operating, using, repairing,
replacing, maintaining, and removing said waterline and
appurtenances and for such other rights of access and incidental
rights as are hereinafter described, all as hereinafter more
particularly provided.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS
($10.00) 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 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:
1. A perpetual easement and right-of-way for the purpose of
operating, using, repairing, replacing, maintaining and removing
a waterline 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:
Beginning at the West quarter corner of said Section 6;
thence East along the east/west quarter line, a distance of
322.60 feet; thence South 00 39' 10" East, a distance of
30.00 feet to the true point of beginning, and being on the
southerly right-of-way of Oak Street; thence South 00 39'
10" East, a distance of 1080.00 feet; thence North 89020'50"
East, a distance of 555.00 feet; thence North 00039'10" West,
a distance of 15.00 feet; thence North 89020'50" East, a
distance of 20.00 feet; thence South 00039'10" East, a
distance of 15.00 feet; thence North 89020'50" East, a
distance of 25.00 feet; thence South 00039'10" East, a
distance of 30.00 feet; thence South 890 20' 50" West, a
distance of 600.00 feet; thence South 000 39' 10" East, a
distance of 382.00 feet to a point on the northerly
right-of-way of Tamarack Street; thence West along the
northerly right-of-way of Tamarack Street, a distance of
30.00 feet; thence North 000 39' 10" West, a distance of
327.00 feet; thence South 890 20' 50" West, a distance of
5.00 feet; thence North 000 39' 10" West, a distance of
20.00 feet; thence North 890 20' 50" East, a distance of
5.00 feet; thence North 000 39' 10" West, a distance of
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FILM 10 1 PAGE 4297
580.00 feet1 thence South 89020'50" West, a distance of 5.00
feet1 thence North 00039'10" West, a distance of 20.00 feet1
thence North 89020'50" East, a distance of 5.00 feet1 thence
North 00039'10" West, a distance of 545.00 feet to a point
on the southerly right-of-way of Oak Street1 thence East
along the southerly right-of-way of Oak Street, a distance
of 30.00 feet to the true point of beginning, and containing
1.4522 acres.
2. The perpetual right of ingress and egress to and from
said tract of land at all times for the purpose of operating,
using, repairing, replacing and maintaining said waterline 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 Grantor hereby covenants and agrees with the Grantee as
follows:
1. That at no time will they build, construct, erect or
maintain any permanent structure over or above the said
waterline.
2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without an interruption by the
Grantor or its successors and assigns.
3. That they have been lawfully seized of said premises1
that they have good right and lawful authority to sell the
same and that they and their heirs, executors,
administrators, 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.
4. That the Grantee shall, at the Grantor's option, make
repairs or compensate the Grantor for any and all damage to
Grantor's property caused by Grantee or its agents and
resulting from Grantee's exercise of its rights under this
agreement.
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.
IN WITNESS WHEREOF, The said parties of the first part have
hereunto set their hands and seals the day and year first above
written.
GALLATIN
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FILM 101 PAGE 4298
STATE OF MONTANA )
. ss.
.
County of Gallatin )
On this I Co day of ~.~ ' 1987, before me, a notary
public in and for said Stat , pe sonally appeared . .
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known to me to be the pers ns whose names are subscribed to the
within instrument, and acknowledged to me that they executed the
sam .'.. ,
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;t.:~" S "',>.i,,~ ~ontana
,:7i~;i.i;~'.1 ~t Bozeman, Montana
;.jll'}$:';'E~p:"d .~,s~ion Expires ':2-2 2 -90
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FILM 101 PAGE 4299
THE CITY OF BOZEMAN
By: ~,,Qa k A.tn~
Mayor
ATTEST:
(jF c/ ~
Ro in Sullivan
Clerk fo the City Commission
STATE OF MONTANA )
. ss.
.
County of Gallatin )
On this A7ti day of ~ , 1987, before me, the
un4ersigned a Notary Public for the State of Montana, personally
appeared JI1Qr/H A,J1A1JId + 110811(1 $UJ,utilAl 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 written.
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186595
June 22 ~ 88
a&t of Mont.. County of G'~1I8tin, ss filed tor record . .. . · 96
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t '~....u &.._~~--" ,- Rccon~,Jr. By_ 11) J ~ -
Rt: City of Bozeman
$20.00
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