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HomeMy WebLinkAbout79- Graf Easement ,,~ .,;~'''P ; INDEXED /\ ~4ai ved . I PLATTED Rti: City of Bozeman urn f;J PAGi. 948' ~._,.",-(.,~.,t., County of G2l1atin. 55 Filed for record May 25 , 1~79 4: 25 . _J'~M.. and recorded in Book <;n of ~~ page~8 .fudtfe a. B"iA~~ Recorder. By Ij,;;,~puty ASEMENT AND RIGHT OF WAY AGREEMc -OR UTILITY EASEMENT THIS AGREEMENT, Made and entered into this 11th day of Apri 1 A. D. 197~, by and between EUGENE GRAF, JR. part~ of the first part. hereinafter called the Granto~___ 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___ is the legal record title owner of Lot 5, Block 5, Graf's 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 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, 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: l. A perpetual easement and right of way for the purpose of installing, operating, usinr1 repairing, replacing, maintaining and removing sewer & water lnes 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 construction easement, 15 feet westerly, parallel and contiguous to the permanent utility easement. Said existing permanent utility easement being 10' westerly~ parallel and contiguous to the following described line. Beginning at the southeast corner of said Lot 5; thence northerly along the lot line common to Lot 4 and Lot 5 of said Block. a distance of 110 feet, to the northeast corner of said Lot 5. ... 'i~ j ,. . , , W Eel ,%: 949 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 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 shotid 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- ... ..... , i . , , < TIm 53 P~L .950 s. The Grantor___ hereby c~venants and agrees with the Grantee as f~llows: 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 ~f 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 hie; 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 . . , - 53 PAG: 951 fJL~ IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. V~/1~ ~ STATE OF MONTANA ) : ss County of Gallatin) On this )f day of ~ 197..1, before m public in and for said State, p sonally appeared known t. me to be e p name ~scribed to instrument, and acknowledged to me that executed the same. /." t ' , T ~ 0.1'::"':" '"!. . , ' , .y: My CGmmission expires AIi~ust 10. 19BI -4- <. . )..... . . . . . i . . ..-- 53 PAG~ 952 Ell. M. THE CITY OF BOZEMAN ~- ATTEST: ?~/~6J ERNA V. HARD , " ...." :'lIJoi~)">., Clerk of the City Commission f 1 \' l 1\ I/'.I\'''~ ; ~ ~"..........~lfto,iIo-i , .. ~;,,,. APPROVED: .~'< '. . ':..,...., .' .,. . . ~., .., ~;:rl' ,.)', . \1.1.: J~~1~ Q" ',,"'/" .... , .. \: r ..,' ,..."":'1 " .-.J )." ~. -~. . ......; ,~, If, . ") i '.' ..I ..l> ., '. ',~\i~ ,\,,' , '~)i~ t ....v......' ."" . i,' City Attorney '~. '~"'~i..,~~ .,' o .~ _ "', \', .',', "",..' ~ ". . ' ",,::~' )- .... ........., ~..C! " 0 ......._'~ .1 STATE OF MONTANA ) '''t-,A l~l.A1 \ .,~". "'~~~:i,>~i' : ss County of Gallatin) On th is //(1, day of )nj' ' 197~, before me. the undersigned a Notary Public for the State of Monmna, personnally, appeared ~_-..A/ I? ~1r .: t..u.. u ~ 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. 1 have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. ~t'!'ntnttttt,. '-,!. : .,1" ~ ....... "-,. .'. .'>.. ~~~ ~" . 011 ~ "r""il'r,' I' ~ ...,.... ~ .' . ~ ~:'- ,..~,'~:~:~, ,," ":"<.' ,.",,~.~ .,," ..:~,~J':,. I ~ ,... "~" . ~', , ~'1; t t: i 'fm!!~U{: ; .'t Nota ~', ~., E:: ~ T i '~ Res ing at Bozeman, Montana :. . , .;".,., ~ . ' tIIro My Commission Expires ( ~'j''J''-'1l 4. /9 y/ ... '" ' . ' , ~ ..."" ... ..\.; 1 ~ "'" ...,j,: ':,:. .,.~,./" I 4)..,.. 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