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HomeMy WebLinkAbout79- Graf Easement (5) #,-, - . INDEXED .~ ~.Jaived . PLATTED 5J PAC: 928 . Rt: City of Bozeman ", pi ", , State of Mont., County of Ganatin. 55 "-lied tor r;ecorCJ' . 1!:3 79 . at 4 .' 0 PM.. and recorded in Book 1)0 of page__92~ PIlJ.jiil a. 'EhiAg", Recorder' . By Deputy EASEMENT AND RIGHT OF WAY A UTI LI TY EAS EMENT ..,--,-~ THIS AGREEMENT, Made and entered into this 11t,ll..___ day of Apri 1 A. D. 197L, by and between EUGENE GRAf. JR. part~ of the first part, hereinafter called the Grantor and THE CITY OF BOZEMAN, a municipal corpor- ation of the State-or 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 Lot 4, Block 4, Graf1s First Subdivision 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 & sewer line and necessary appurtenances to serve various properties located within the Southeast porti on to the City of Bozeman 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 ease- ment and right of way across the above described property of the Grantor , and his heirs, executors, administrators, successors, and assigns, for the purpose of installing, operating, using. repair- ing, replacing, maintaining, and removing said sewer and water lines and appurtenances and tor such other rights of access and incidental rights as are hereinafter described. all as hereinafter more particul- arly provided. NOW, THEREFORE, in consideration of the sum of $ 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 has granted, bargained, sold, conveye~ 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 installing, operating, using, repairing, replacing, maintaining and removing water & sewer lines 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 feet in width being more particularly described as follows: A permanent utility easement. 15 feet each side of the following described centerline with a construction easement 15 feet easterly, parallel and contiguous to the first traverse step, and a construction easement 15 feet each side of the permanent utility easement, parallel and contiguous to the second traverse step. Beginning at the southwest corner of said Lot 4; thence easterly along the lot line common to Lot 3 and Lot 4 of said Block 4, a distan8e of 15 feet to the true point of beginning; thence North 28 291 00" West, a distance of 50 feet; thence North 180 301 00" East, a distance of 65 feet to a point on the lot line common to Lot 4 and Lot 5 of said Block 4. . . ,- " . . ~ , " . , , EIrM 5J i'AC~ 929 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 sewer and water lines 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, rep1aci~, maintaining and removing, of said sewer and water ines 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 sewer and water lines in luch manner 8S 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.. ..., . . . . " ; ....-- 5J rt,c,. 830 ill!i 5. 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 sewer and water lines 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 sewer and water lines . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor__ or his success~rs 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, 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. 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.. -3- :',. , . . , " , ,..-- EJ i'AL 931 ElLM IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. t7~1 -4~ STATE OF MONTANA ) : ss County of Gallatin) On this ~ day of ~ 1972, before m. public in and for said State, p rsonally appeared "~ known t. me to be t-e per on whose name c~ribed to the within instrument, and acknowledged to me that executed the same. ') 'L 't.~i ~ -4- , . ,.. ~ . , . . ~ . i , ...-- ~J rAC 932 tilM THE CITY OF BOZEMAN - BY~ ./-r_ ATTEST: ~~~~ ERNA V. HARD I , '-"""" Clerk of the City Commission APPROVED: fl!i/j;L#~ /' Ci Attorney STATE OF MONTANA ) : ss County of Gallatin) On this It" ~ day of 'n~ ' 197~, before me, the l undersigned a Notary Public for the State of Monmna, personnally, appeared~~ /?I.~.rlI;'O '- ~~/J. ~ 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. . ,,~',I.lltn"'1., ,,'<0~ \\ i~, 0 ;~~r;" "~' .' ". (J.'" :.... "III "".,,," ".'t ~'-', YI~ _ (/)dh' ;0, ,.,' TA "~~ {\ {<.~ql~L4l \~ ~-, ~""iS e~ " '.. Not Public for the State of Montana - , ....,.. l' , .. ... .,' ...1;: . '" ~ . ,~ _ Residing at Bozeman, Montana }: y ~~.: .\,.' -! ~ l ""; ," "":'~'i "";"..A ill ~ My Commission Expires Cpl'U.f./)Af c.., /t7.-f/ ~ ~,~~4i~;'::;~'\,::'!~",~" ,. ~ ..... i. ~"t)!i~..~'" ~; ""'1,,,,,,,,,,, ~~ """ , MO ..~,,~ 'II.'uni....... ....,. ~ ,~, I .. , . ' , . . - . GQ.AF'5 FIRST . ilLM ~J PAC' 9'3.... (/;._ v ,," , L V '> SUBDIVISION o '\ ALLE612A //. ~~ ~,\o ,\~'o' EUGEN fA '(6;2s- . PERMANENT EASEMENJ; STE~AN Z OF F :rIo.... t': D CONS TR.UC TIO^/ fASEMtNT / /S9_ 4 <='06 a l.{) "'t 4 3 WAL T(12 ~ MA12.rE. L - pEANNE l. MARTEL 0 L.u t.n > - - . Cl . a z z 1175-----_____ ~ -, ALLEGI2A Z STEPI4Nl~~~ENA W ~ 2 () - C/'- .,I~ ',," . .. , . ~, . I . ;. . . - .........- EJ ?AL 93~~ EllJA EUGENE GRAF, JR., FASEMENT LOT 4, BLOCK 4, GRAF'S FIRS~ SUB-DIVISION March 30, 1979 A permanent utility easement, 15 feet each side of the following described centerline with a construction easement 15 feet easterly, parallel and contiguous to the first traverse step, and a construction easement 15 feet each side of the permanent utility easement, parallel and contiguous to the second traverse step. Beginning at the southwest corner of said Lot 4: thence easterly along the lot line commOn to Lot 3 and Lot 4 of said Block 4, a distance of 15 feet to the true point of beginning: thence North 280 29' DO" West, a distance of 50 feet: thence North 180 30' 00" East, a distance of 65 feet to a point on the lot line common to Lot 4 and Lot 5 of said Block 4.