HomeMy WebLinkAbout73- Big Sky Girl Scout Council
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EASEMENT AND RIGHT OF WAY AGREEMENT FOR
A WATER TRANSMISSION LINE
THIS AGREEMENT, Made and entered into this 28th day of
November A. D. 197~, by and between Big Sky Girl Scout Council,
Inc., party 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 :
WHEREAS, The Grantor is the legal record title owner of portions
of the E 1/2 NE 1/4, Section 7, T3S, R6E, Gallatin County, Montana more
particularly described below and as recorded in the office of the Gal-
latin County Clerk and Recorder under Film 16, page 1580.
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 transmission line and necessary appurtenances to serve
various properties located within 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, exe-
cutors, administrators, successors and assigns, for the purpose of in-
stalling, operating, using, repairing, replacing, maintaining, and
removing said water transmission line and appurtenances and for such
other rights of access and incidental rights as are hereinafter described,
all as hereinafter more particularly provided.
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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:
l. A perpetual easement and right of way for the purpose of install-
ing, operating, using, repairing, replacing, maintaining and removing a
water transmission line thereto upon and across the above described property
of the Grantor, said easement and right of way are as follows:
PARCEL lA
A tract of land, for a water line utility easement, being 30 feet wide
(15 feet on each side of the following described centerline) in the South-
east 1/4, Northeast 1/4, Section 7, Township 3 South, Range 6 East, Montana
Principal Meridian,
Beginning at transmission centerline Station 13+63, which is common to the
north right of way line of the Forest Service road and is South 200 00'
East a distance of 280 feet from the Northwest corner of the Southeast
1/4, Northeast 1/4, Section 7, Township 3 South, Range 6 East, Montana
Principal Meridian,
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Thence North 120 15' West along the transmission centerline to Station 14
+58, which is common to the south right of way line of the Forest Service
road.
Together with a 15 foot construction easement, adjacent and each side of
the above described utility easement.
The water line utility easement lines are parallel to the above described
centerline and continue until they intersect the Forest Service road right
of way.
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 trans,-
mission line 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, renlacing, maintaining and removing of
said water transmission 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 topsoi~whichever is
less, and stockpile and replace said topsoil, and will re-
move 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 com-
pleted, 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 depres-
sions after final settlement has taken place.
3. To operate, use and maintain said water transmission
line 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 removing said
utility lines the Grantee will reimburse the Grantors for
any actual damage done to the Grantors premises or crops.
The Grantees hereby covenants and agrees with the Grantor 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, constructed
and maintained in such a manner that it would not interfere
with the operation, use, repair, maintenance, 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.
Big Sky Girl Scout Council, Inc.
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ATTEST:
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STATE OF MONTANA )
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County of Gallatin )
On this ,_tic' day of /)/,," (.,~ /.-.h" ,.;. in the year 19 7 ~ before me,
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a Notary Public in and for said State personally appeared /,'nc'.-'/<c .{//'//./I'-'/.S/'
known to me to be the !"r''-o1'(,-'C /)/c-,,~/.,..:
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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No~:~o~~~~i;':~or~~~/ ~~a~: "ot lfp~in~_~~_
Residing at "S.,J/ .-f..... < '-. ;': i1Q.jl.tiUl'a.:,X ~ '" "
My Commission Expires "'> - / 2-, -19:?f
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F1L~1 22 i",C:: 384
THE CITY OF BOZEMAN
By:
ATTEST:
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ERNA V. HARD NO /
Clerk of the City Commission
APPROVED:
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BEN'E. BERG. City Att6i-ney ,// /
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STATE OF MONTANA )
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County of Gallatin )
On this 28th day of November 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 behalf of said City.
set my hand and affixed my
Certificate :;rat above written.
State of
" <: I . Montana. Residing at Bozeman,
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,;:<",1"1\,( t. :f My Commission Expires -!t1~")1
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P. M., and
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Rt: City of Bozeman
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