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HomeMy WebLinkAbout79- Weaver Easement (2) ~ INDEXED l7 . ~ ,4 , : Fee: ___ I PLATTED ,/ i , P.t: City of Bo<.el11an . ()~()""~*iO '~ 54 P~('E 107 '... t.!J I · . State of Mont., County of Gallatin. ss Filed for record December 7 . 1 ':379 at 2: 00 , PM., an? recorded in Book 1)4 of MISCE~L.ANEOUS. PjeJill f'.~ a. BIfidGe& Recorder. By 'fff!;t;b" kG( f~ill Pr. Deputy EASn1ENT AND RIGHT OF WAY GREn1[:n ,OR Water Lines ~~~ -~~~~-,.._.~---~- THIS AGREEMENT, Made and entr.l~ed into ttlis u_.l_~,h__ day of Novembe~___ A. 0.1979 ,by and between __Qon~ave~__ __..~__________~__._...._~_ partX___ 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__ is the legal record title owner of property on Kagy Boulevard 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 water line and necessary appurtenances to serve vari ous propertTe"s- located with-i n the South porti on 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 or-way across the above described property of the Grantor , and his heirs, executors, administrators, successors. and asslgns, for- the purpose of installing, operating, using, repair- ing, replacing, maintaining, and removing said water line 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 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: 1. A perpetual easement and right of way for the purpose of installing, operating, using. repairing, replacing, maintaining and removing a 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: Beginning at P.O.B, #1, C.O.S. #406A. thence North 050 53' 10" East, along the line common to Parcels 1 and 2 of said Certificate of Sur- vey. a d~stance of 196 feet to the true point of beginning; thonce North 84 06' 50" West. a distance of 15 feet. thence South 05 531 10" West. a disliance of 30 feet along the existing easement line, thonce South 84 061 50" East a distance of 15 feet; thence North 05 53' 10" East, a distance of 30 feet to the true point of beginning, said easement exists around the fire hydrant as located in the field. Beginning at P.O.B. #1. C.O.S. #406A, ;hence North 840 061 50" West. a distance of 45 feet; thence North 05 53' 10" East, a distance of 525.71 feet along the exist;ing easement line, to the true point of beginning; thense North 28) 09' 14" East, a distance of 65.21 feet; thence North 72 301 50" East. a distance of 42.03 feet to a point on -1- /, . . 54 P~{l 108 ~ the west right-of-way line of Kagy Boulevard; thence North 170 29' 10" Westoalong said right-of-way line. a distance of 10 feet; ;hence South 72 30' 50" West. a distance of 45 feet; tsence South 28 09' 14" West. a distance of 75 feet; thBnce North 84 06' 50" West. a distance of 5 feet; then6e South 05 53' 10" West. a distance of 30 feet;othence South 84 06' 50" East. a distance of 15 feet; thence North 05 53' 10" East. a distance of 30 feet to the true point of beginning. -2- . , . -1 54 PVE 109 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 water 1 i ne 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. Tha t , in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said water line 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 wi 11 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 water line in 9uch 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. -3- , " , . , .. 54 ?ME 110 5. 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 water line 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 tJf said water line . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor__ or hi 5 successors and assigns. 3. That they have been lawfully seized of said premises; that they have gotJd 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. -4- . 54 111 ~, p~U IN WITNESS WHEREOF, The said parties of the first part ha\'(' hereunto set their hands and seals the day and year first above written, A~/C~~ - ST^TE OF HONT^N^ ) : 58 County of Gallatin) On this ~ 6th day of nee_her 197~, before me, a notary publi.B inlani: f-ar said jtate, personally appeared __ on. . ..ver, r. known t& me to be the pcrson_ whose name 1. subscribed to the within instrument, and acknowledged to me that he executed the same. ."I,\1aHth;"tll d,.:':- / (~;;/ ~ ,- \] If I," . ~~-?-7__...- - . /7\/':--2 ,,~. .c-?-J/ ~.. . , ..1/j' """ Notary Public fdr the ~e of Montrna " \\ , '. :c." 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