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Home My WebLink About79- Graf Easement (2) , flNOEXED V II ",_'>,,~, ,~~ V' ,,' ~l ~ ~5d " (w<;tive~ 62505' E.J.~~ 50 fAG: .).;. , Rt: C~ty of Bozeman State of Mont., County of Gallatin. 58 Filed for record May 25 ,1:Sr9 at 4,30 P M.. and recorded in Book 5 Oaf ~~ page_ j~nciUt a. alliAgI'A Recorder. By ~.....~eputy EASEMENT AND RIGHT OF WAY AGREE FOR UTILITY EASEMENT THIS AGREEMENT, Made and entered into this 11th day of April A. D. 197~, by and between EUGENE GRAF, JR. party-- of the first part, hereinafter called the Grantor and THE CITY OF BOZEMAN, a municipal corpor- ation 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 _ 1'5 the 1 ega 1 record title owner of Lot 6. Block 5. Graf's First Subdivision and oth~r unplatted land N.E. of said Block 5, located in Sect1'on 16. T2S, R6E. 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 sewer & water line and necessary appurtenances to serve various properties located within the Southeast portion 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 & water lines and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particul- arly provi ded. 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, conveyed, and confi rmed and by these presents does hereby grant, bargai n, 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 sewer & water 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. 30 feet wide centered on the following described centerline, along with a construction easement 15 feet wide parallel and contiguous on each side of the above noted permanent utility easement: Beginning at the northwest c8rner of Lot 4, Block 5, Grafls First Subdivision; thence North 61 31' 20" East. along the northerly lin~ of said Lot 4, a distance of 5.0 feet. t? the true point of beglnmng; then6e North 28 28' 4011 West, a dlstance of 63.64 feet thence North 47 591 2011 West a distance of 87.53 feet to the terminus on the northerly line of Lot 6 extended. From the said Lot 6 l1'ne extended, the permanent easement becomes 5 feet westerly parallel and contiguous and 15 feet easterly, parallel and contiguous to the following described line, along with a 15 feet construction easement, northeasterly from, and parallel and contiguous with the permanent util ity easement: Beginning at thS above noted tenninus on said Lot 6 line extended; thence North 47 591 20" East, a distance of 287.47 feet. . . ' , ~ " . f , ~ 5J PAC~ :355 fJLM 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, replacing, maintaining and removing, of said sewer and water lines 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 .uch 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... , . , j - 5J PAC: "15" 5. ElUli -..J 0 The Grantor__ hereby c~venants 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 operationt 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 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, 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- . , i ~ 5J rAC. 957 w IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. c~ STATE OF MONTANA ) : ss County of Gallatin) On this 'i day of ~ 197.1J, before me, a notat:'JI public in and for aaid State, p rsonally appeared C,. ~.. -',:;:-"i known t. me to be the p rson ' -who name subscribed to the withi instrument, and acknowledged to me that .1.,-", executed the same.. " ~ _ .......::, '. , "~.. 1.0 Residing ill fiot~~jW, f.1QIlt.I~~ II, CommiSSion expires August 10, 1981 -4- . . ~ , . i . .J 4 i , m ~J PAC~ 958 THE CITY OF BOZEMAN .h.- ATTEST: J:4~ /~~ ERNA V. HARDtNG, ~ Clerk of the City Commission APPROVED: .,:, . "';'1 "',;,",'~'" \ ......), -,' a l ' STATE OF MONTANA ) " . : ss County of Gallatin) On this I tl" day of )--;10, . 1972. before me. the undersigned a Notary Public for the State of Monmna, personnally. appearedt.~.~_P .5.A,'c! ~ d:<-... tJ, ~.~ 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. Public for the State of Montana Res Bing at Bozeman. Montana My Commission Expires (h;u..~,.aA.-u-<< ):""6'1 , U . . . , ,! ':- .. ,; .. m '50 PAC: ,-' ,- ,../ ~ (:-, . ri~~ ! 1 N \ f: i ,I ::; /1 ~~: j;f it,' I ,:( f'P " l l II" J'~,',' :J 1'.: ~ 'j,tii \.,'. I ,'.~; f" /r.' 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