HomeMy WebLinkAbout73- MT National Bank Easement
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EASEMENT AND RIGHT OF WAY AGREEMENT FOR
WATEJ{ AND SEWER LINES
THIS AGREEMENT, Made and entered into this 'll:h day of }lay
A. D. 197~, by and between }IONTANA NATIONAL BANK,
TRUSTEE
partz-- of the first part, hereinafter called the Grantor and
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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 portions of the Graf I sThird Addition -
to the City of Bozeman, Montana more .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 water and sewer 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
I the Grantors land' and
HHEREAS , 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..rpose
of installing, operating, using, repairing, replacing, maintaining, and
I removing said water and sewer lines and appurtenances and for
such other ri ghts'.of-.access and incide-nta1dr-ights as are hereinafter
described, all as hereinafter more particularly provided.
NOV!, 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 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
water and sewer 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 nine hundredths feet in width lying
and being more particularly described as jollows:
Beginning at the Northeast Corner of Block 1, Tract "A" in Graf's
Third Addition to the City of Bozeman, said point being the true point of
beginning. Thence South 890 06' 00" East a distance of 60.18 feet
to the East right of way of Colter Avenue; Thence South 050 2/+' 00"
West, along said East right of way, a distance of 3.23 feet; Thence
South 020 44' J 0" (,7 est , along said Bast right of way, a distance 0:1:
356.77 feet; Thence North 870 15' 30'1 Illest a distance or 60.00 feet
to a point on the West right of way of Colter Avenue; Thence North
020 L,4' 30" East, along said ~lest right of ,'laY, a distance of 358.07
feet to the tru~ point of beginning and containing 0.49~5 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
s3id Grantee and to its successors and assigns forever.
The Grantee hereby covenants and agrees with the Grantor_
as follovls:
1. 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 excavated 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 water 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.
S.
The Grantees 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 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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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, 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.
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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 National Bank. Trustee"
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ATTEST:
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STATE OF MONTANA )
: ss
County of Gallatin )
On this 7th day of May in the year 19~, 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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THE CITY OF BOZEMAN
By:
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ATTEST: " .
'~.J.,
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Commission
APPROVED:
STATE OF MONTANA )
ss
County of Gallatin )
On this It-.h day of HAy 1973 ~, 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 hereunto set my hand and affixed my
Notarial Seal on the day and year in s Certificate first above
written.
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, : '", : <r; Notary Public for)the State of
", ,.~ . 1'"'""'" I. "ao. ~ ~ -:- .
. \ ;, ,-' . ."--: ; Montana, Residing at Bozeman,
.'. C;', ,. . Mon tana
'.'<i/~?"~';:"~::'-~' My Commission Expires Cj -- r 5.-71-
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TRUE POINT I
OF BEGINNING-) ~ I S 05024'OO"W
I - 3 23'
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I DESCRIPTION
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"I . tii Colter Avenue Extension
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: I, q ", Beginning at the Northeast Car-
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, j' 'I N
"I !' ner of Block 1, Tract "A" in
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~. I Graf's Third Addition to the
0 City of Bozeman,
0 - '; I: said point he-
1-<1 ,.... "r"- ing the true point of beginning
u 0
<10 co ,... Thence South 890 06' 00" "st a
0:::0::: 10 US distance of 60.18 feet to the
I-r ,..., ltl
~ I ", East right-of-way of Colter Av-
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~. I I~~ enue; Thence South 050 24' 00"
(/) " West, along said Esst ri~ht-of-
3:::1.1.- ) - -
uC:S: w , way, a distance of 3.23 feet;
00::.
-10 0 .;'1 Thence South 020 44' 30" WeB t ,
CD ,., , along said East right-of-way, a
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0:- j distance of 356.77 feet; Thence
<:t ~I :1' North 87015'30" West a distance
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0 of 60.00 feet to a point on the
;
z lJ.Ji W West right-of-way of Colter Av.
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.....: SCALE I":: 50' enue; Thence North 020 44' 30"
~I ,1"/ '"."--.. E;.JS t , along said West right-of-
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q> way, a distance of 358.07 feet
! to the true point of heginning
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I 1"'" I and containing o . 494 5 acres.
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STREET AREA;; 04945 ACRE