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." '~
I.. ......... -. ~. {",'", Residing at Bozeman, MontAna
~..' ~'r'! / .', (">
...... \\ " 'j''', Ny Commission Expires
.. .... .
:!S" '.' ; :. P1f)TARY p!IRl If. "" It!!! <;:tm, III ~ .
,.. /..,- I- ':
\." .,)...c....,.,j.J.; ] l\i$JII\~ at ~ ~
If",.,~,,,, ~' M~ c.;~';lin";lmol ~ ~I'l' 7 'I9lIII
.., ;1\ '''.,' " , ,. ",,- "',"t- .....
, 'of,... ...,.
. S" "'..' .
". n" ~(';..,., .'
.... ~r: ,,) ..'
.........,A'.
~L\<