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Home My WebLink About80- Montana Power Company Construction Easement Rt: City of Bozeman ,- '~"'.'" ". Hl():~~! Jan. 5 1981liLM 60PAGt 782 S<3te (), ....".., ."".' , , 782 f' 9.L,5 A M d ".,./' FO I MISCELLANEOUS "',', . , I ~ ~ ., ,"".,," ,,' ,1 I:.. ...... ' " ," ..' ..l I " ~_~~lI!z j'~~:~~~--AN~:c;~~e~;-:-w}:e:~~~~~~~ruS~ . . ,_ "~/,L CONSTRUCTION EASEMENT \ INDE){~D ' \'- ",,' ~,~ THIS AGREEMENT, Made and entered into this 21st day of October , 1980, by and between THE MONTANA POWER COMPANY, a Montana corporation, of 40 East Broadway, Butte, MT 59701, party of the First Part, hereinafter called the Grantor, and THE CITY OF BOZEMAN, a municipal corporation of the State of i 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: A tract of land lying in the SW~ of Section 31, Township 1 South, Range 6 East, P.M.M. Being Tract 37 of the Northeast Annexation to the City of Bozeman more particularly described below, and 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 second sanitary sewer line and necessary appurtenances to serve various properties located within the portion of the City of Bozeman and one or more such lines would run across the Grantor's 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, its successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said sanitary sewer and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) 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 con- firm unto the said Grantee and its successors and assigns the follow- ing rights and privileges forever: 1. A perpetual easement and right-of-way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a second sanitary 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 thirty (30) feet in width being more particularly described as follows: A tri'J<:;t of luncJ J_yi_ng- in L.l1e Southwest !;; of Section 31, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana being 30 feet in width and 15 feet on each side of the following described centerline: Beginning at a point on the West property line of The Montana Power Company as recorded in Book 17 of Deeds on Page 1418, said point being 1000 feet West and 595.4 feet North of the South line of said Section 31; thence . . . . I iL M 60 PAGE 783 . from said point of beginning, easterly and parallel to the South line of said Section 31, 300 feet to the East property line and the terminus point of said easement; said easement being previously granted to the City of Bozeman by Ollise and Muade C. Horner in a document dated July 23, 1969 and recorded on Film 4, Page 1795 1n the office of the Clerk and Re- corder of Gallatin County. Together with a temporary right to enter and occupy during construction of said sanitary sewer line, an additional 15 foot strip of land contiguous with both the northerly and southerly line of said easement as shown on the attached Exhibit "A" . 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 sanitary sewer 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: l. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said sanitary sewer 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 re- move the topsoil from the trench area to a depth of one foot, or to the full depth of the topsoil whichever 1S 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 remain- ing after backfilling is completed and will leave the finished sur- face 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 sanitary sewer 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 Grantor's premises for the purpose of repairing, re- placing, maintaining or removing said utility lines the Grantee will reimburse the Grantor for any actual damage done to the Grantor's premises or crops. The Grantor hereby coven~ntR and agrees with the Grantee as follows: l. 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. 2. That it has been lawfully seized of said premises; that it has good right and lawful authority to sell the same and that it and its 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, - 2 - . . .. . .' . 60 PAGE fiLM 784 .' that this Agreement shall be binding upon successors and asslgns of the Grantor and upon the successors and assigns of the Grantee. IN WITNESS WHEREOF, the said parties of the First Part have hereunto" set its hand and seal the day and year first above wrfut.-t;~n . "'II ..... . :jt" .. ( . ' ., THE MONTANA POWER COMPANY .,' ~ \\: ~~~~ By Its VICE PRESIDENT ~ sSlstant .Secretary , . , J;I;, , ',. .. . I t., ,,~ it1qHH STATE OF MONTANA ) )ss. COUNTY OF SILVER BOW ) On this 21st day of October 1980, before me, -~ - , HERBERT P. ATKINSON , Notary Public in and for the State of Montana. personally appeared MELVYN M. RYAN and T. O. MC ELWAIN , known to me to be Executive Vice President and Assistant Secretary respectively of the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the 21st day of October , 1980. . .'.'t '?' . ~'~'; . ~ ~...~ ...... ~:...'''\.. 4 ,~';"~'.." ..' ./""~":::' ~ t '" It, ~ ~ ~ ".:~\./'.:i:~~.,. No ary Public ~or the State of Montana ,., jSEALI'-, Residing at Butte, Montana -,,"" .~ ' 'J-' My Commission Expires 12/18/81 . ,-,y,,;, ~;") t"~~' /)~~ ~ ~ r .,' 'i~.~'~, "l ...,011 .. ~- 4;r....~ .i~ ""Ii. .', ,,', THE CIT~ OF BOZEMAN . ,(11. .... .'"". 1"f -..,.." /"'; , f!" r' to ~ ATTEST: By -"'~'.............. : " -,- f~<n" /-%~ Its ;. . ..-(....... STA'I'E OJ? HONT1~Ji:j'A: ) "' ." '\.' ) ." \1\, .",/~ ,':,.). ~ss. COUNTy'OF.': -C-ALbl1tI'ft-t,) . " , J. . ._,~ . ", , '-, -- '-._.' .: , Orr::::J;{l;..isl/i:...-:-"..p.fW of .J2e.c..c~ ' 1980, before me, the under- Signed~~ar,$,.PUbliC for the State of ~ontana, personally appeared VUVlc.aVl .s"~'..., }:)r;:(i),/_/ and EfLna V. f(cUld--<.Ylg known to me tobeffi~ ...~~,f' and Clerk of the City Commission respectively, of the "( j-.- 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 the day and year first above written. ",}\', ,'-,.;- ~ \ \\. _' :' /l/o" ," , .".L.<?",-' .~ ., ...', ,.,~, ." ~~',\\_ \ .~ t~~*"#~.'''~. Notal-y ( ublic for the State of Montana ,'. (SEAi(/ \ \ Residing at Bozeman, Montana ;SL'L1 r My Commission Expires Jan. 6 . 1981 ~ .t1. .,'~ IIJ.. .."" _' ..:." ! .~~ f'"", .11II ..,...;:0.... -. 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