HomeMy WebLinkAbout73- MT National Bank
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EASEMENT AND RIGHT OF WAY AGREEMENT FOR
S;i}!El{ ilNl) 1...J;.~T.i~r~ LT.~~}:;S
THIS ACREEMENT, Made and entered into this 9th day of May
A. D. 1972-, by and between 1'108TA dA NATIONAL BANK ,
TRUSTI;,t:
partz-- 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 :
HHEREAS , The Grantor is the legal record title owner_
of portions of the proposed Langohr Avenue
to the City of Bozeman, Montana m.ore _particularly described below.
WHEREAS, the Grantee, in the exercise of its power and authority
as a municipality of the State of Montana, proposes to construct and
ins tall sewer and water lines and necessary appurtenances
to serve various properties located within the southerly
portion of 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 easement and right
of way across the above described property of the Grantor_, and its
heirs, executors, administrators, successors and assigns, for the p"rpofl(>
of installing, operating, using, repairing, replacing, maintaining, and
removing said ~'i!er and Fi.1tec lirlcs ______._ and appurteoances and for
such other rights of access arid iri~idental rights as are hereinafter
described, all ns hereinafter more particularly 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 i-: 2. ~~
granted, bargained sold, conveyed, and confirmed_ and by these presents
do~~ hereby grant, bargain, sell, convey, and confirm unto the said
Grantee and its successors and assigns the following rights and privi-
leges forever:
1. A perpetual easement and right of way for the purpose of install-
ing, operating, using, repairing, replacing, maintaining and removing a
sewer & water line thereto upon and across the above
described property of the Grantor - , said easement and right of way to
consist of a strip of land sixtv at1'"1 OtW hundredths feet in width lying
and being more particularly described as .fo U OHS :
beginning at the true point of beginning of the i"iggins'Addition, Elocks
1, 2 and a portion of 9; Thence South 890 18' 00" r'les t a distanct' 0::
1/1,4.96 feet to the East right of ~vay of i...angohr Avetlue, being the true
point of beginning; Thence South 000 07' 00" \'lest along said Easr n_ght
o r ~'la y ;1 d i s t n n reo': 365. 6 J feet; Thence South a90 18' 00" ~Te;;t a dis'~<:'l-\ce
o.c ~~') \J . 0 'j,. ec:f..: :':0 the ~':i(-:S t Yi~::,ht: of ";)c1y Gf L"~a:l~~~>);'i.t~ ~,"~VQt1r"le; rh, C~ n (~~C ~<o :"~ t. i,~
000 07' 00" L>Jst alollS; said right of ,./ay d. clisl:-"Once oE :k<i.63::eet to
the South right of way of Arnold Street; Thencei':!ortb 89" 1t.' 00" East
along said right of way a distance of 60.01 feet to the true point of
ber,inning dnd containing 0.504 acres.
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2. The perpetual right of ingress and egress to and from said
tract of land at all resonable times for the purpose of installing,
operating, using, repairing, replacing and maintaining said
water and sewer 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 Bnd to its successors and assigns forever.
The Grantee hereby covenants and agrees with the Grantor__
as follo'tols:
l. That, in connection with the installing, operating,
using, repairing, replacing, maintaining and removing
of said sanitary sewer pipe line it will replace, at
its sole expense, all existing fences, ditches and other
appurtenances 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 which-
ever is less, and stockpile said topsoil away from the
site any large rocks or surplus exctlvated material or
any kind of the site any large rocks or surplus excavated
material or any kind of debris that may have been ex-
posed by the excavation and remaining after backfilling
is completed and will leave the finished surface in
substantially 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 \,Jater and sewer
pipeline in such 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 should become necessary for
the Grantee to re-enter the Grantors premises for the
purpose of repairing, replacing, maintaining or remov-
ing said utility lines the Grantee will reimburse the
Grantors for any actual damage done to the Grantors
premises or crops.
5.
The Grantees hereby covenants 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 utility lines unless such structure is built, con-
structed and maintained in such a manner that it would
not interfere with the operation, use, repair, mainten-
ance, replacement and removal of said utility lines.
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EASEMENT AND RIGHT OF WAY AGREEMENT FOR
S>}fER .AND 1...J}~.T,i~~j{ LJi~:i:;~
THIS ACREEMENT, Made and entered into this 9th day of May
A. D. 1972-, by and between 1'10N'l'A ;>l.b, i'lATIOJ:ML BANK ,
T~UJSTF;E
partz-- 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 :
HHEREAS , The Grantor lS the legal record title owner_
of portions of the proposed Langohr Avenue
to the City of Bozeman, Montana m.ore .particularly described below.
WHEREAS, the Grantee, in the exercise of its power and authority
as a municipality of the State of Montana, proposes to construct and
install sewer and water lines and necessary appurtenances
to serve various properties located within the southcrl'i
portion of 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 easement and right
of way across the above described property of the Grantor___, and its
heirs, executors, administrators, successors and assigns, for the p"rpofle
of installing, operating, using, repairing, replacing, maintaining, and
removing said seHer ane! 1.-h1te:o:- lir;cE: ___ and appurtenances and for
such other rights of access an~ in~ide~~~l rights as are hereinafter
described, all AS hereinafter more particularly provided.
NOH, 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 ~~.:U:;
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 privi-
leges forever:
l. A perpetual easement and right of way for the purpose of install-
ing, operating, using, repairing, replacing, maintaining and removing a
-..__._~- sewer & water line thereto upon and across the above
described property of the Grantor - , said easement and right of way to
consist of a strip of land sixty and one hundredths feet in width lying
and being more partic1Jlad"y....A~:..ribed dS ~fol)()\"s;
Beginning at the true point of beginniog or the Figgins'AdditioQ, Blocks
, 2 aud 1-1 portion of 9; Thence South 890 18' 00" Yyes t 1-1 distance of
L, 14/+.96 feet to the East righ_t of way of Langohr Avenue, being the true
point of beginning; Thence South 000 07' 00" lies t along said_ Easr right
of ,..lay il (li~tn!',ce of 365.63 feet; Thence South (;90 1<)1 00" ':}e~;t a elis '~aroce
u
of bO.Oi e.",tto the 'Jest rig~1t of \d) of Liugc,.n: .,'.;eil:'e; llIl. r.~ L1C e ~.<;o 1:- t. c:
000 07' 00" ,,';8_St alont', said right OL "Jay iJ. dist-c;nce 0:: 36.5.63 Feet to
the Souti, right of v.:ay of Arnold Street; Thence l,101:t11 D90 Ii..,' 00" East
along said right of way 1-1 distance of 60.01 feet to the true point of
beginning and containing 0.504 acres.
..
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.
.. . f IL \.\ :l~1 i "r:: 452
2. The perpetual right of ingress and egress to and from said
tract of land at all resonab1e times for the purpose of installing,
operating, using, repairing, replacing and maintaining said
water and sewer 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 fa 110l/1s :
l. That, in connection with the installing, operating,
using, repairing, replacing, maintaining and removing
of said sanitary sewer pipe line it will replace, at
its sole expense, all existing fences, ditches and other
appurtenances 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 which-
ever is less, and stockpile said topsoil away from the
si te any L'1rge rocks or surplus exc.:1vated material or
any kind of the site any large rocks or surplus excavated
material or any kind of debris that may have been ex-
posed by the excavation and remaining after backfilling
is completed and will leave the finished surface in
substantially the same condition that existed prior to
the beginning of operations except that the ~urface 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 \,Jater and sewer
pipeline in such 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 should become necessary for
the Grantee to re-enter the Grantors premises for the
purpose of repairing, replacing, maintaining or remov-
ing said utility lines the Grantee will reimburse the
Grantors for any actual damage done to the Grantors
premises or crops.
5.
The Grantees hereby covenants 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 utility lines unless such structure is built, con-
structed and maintained in such a manner that it would
not interfere with the operation, use, repair, mainten-
ance, replacement and removal of said utility lines.
-2-
.
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2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by
the Grantor or its 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, administra-
tors, successors and assigns, shall warrant and defend the
title to said premises unto said Grantee, ann 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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" . FILH t~ W~ 4.54
IN WITNESS WHEREOF, The said parties of the first part have here-
unto set their hands and seals the day and year first above written.
"Montana Nat io"al Bank, Trustee"
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By ~r>>/t//.K) 6 -'~iL
ATTEST:
j~.< r:Lr
STATE OF MONTANA )
: 5S
County of Gallatin )
On this 7th day of Mav in the year 19...ll.., before me,
a Notary Public in and for said State personally appeared Bruce B.
Ellis known to me to be the Exec. Vice- President
of the corporation that executed the within instrument or the person who
executed the instrument on behalf of said corporation, and acknowledged
to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
".
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" ',' ~ Nota Public for the State of Monta na
' (1<"'1 ~ 'ilO'-~. .,'::"" :....
i''':; '" '.: , .' Residing at Bozeman, Montana /
My Commission Expires .L/-/I:"- 192i
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THE CrTY OF BOZEMAN
By:
ATTEST:
I , /~";. /
( - .., .,r , .' '-':.i:' '''.--
ERNA V. HARDING, /
Clerk of the City Commission
APPROVED;
('
(i/
STATE OF MONTANA )
ss
County of Gallatin )
On this 14th day of ~ay 1971 ~, before me,
the undersigned a Notary Public for the State of Montana, personally
appeared William Grabow and Erna V. Harding, 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 hereun set my hand and affixed my
Notarial Seal on the day and year in Certificate first above
written. )
No ary teState of
,,' . Montana, at Bo:>:eman,
Montana _. {
- . '" '- ,'" My Commission Expires (/-IS')-
f" ':'( "
-, , -'-""71
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