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HomeMy WebLinkAbout83- BonnTon Easement ~ , "'~ll~~~ . I'lih-I' . < . '!I ' \1; '111 I: .. . ~ ." 'I . ; ';~ '~i : ,., <,,' flU~ 85p~r;f 4829 - ;,1 EASEMENT AND RIGHT OF WAY AGREEMENT FOR A WATER MAIN , . THIS AGREEMENT, ~'ade and entered into this ,;/12-(-_ day of - Dee!- A. D. 19'V..,3, by and between jLonnTon, Inc. of ~illings. a corporation with address of Box 906.~anport~ 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 Grantol'_ ~, the legal record title owner of ~Eortion of Secti~ 24L T2S, R5E. PMM. Gallatin County, Mt. WHEREAS, The Grantee, in the exercise of its power and authority as a /!lJnicipality of the State of I~ontana, proposes to construct and install a water main . and necessary appurtenances to serve various properties-'locate,f"within the whole portion to the City of Bozeman and one or more such lines-would run--across the Grantors land. and WHEREAS, The Grantee des i res to acqui re from the Grantor , and the Grantor . is wi 11 iog to grant to the Grantee an ease- ment and right o-r-way-acro5s the above described property of the Grantor ,aod its heirs, executors, administrators, successors, and ass"igns, for-ttle-'purpose of installing, operating, using, repair- in9, replacing, maintaining, and removing said water main __~. ___.r and appurtenances and for such other rights of access and incidental rights as are hereinilfter described, all as hereinafter more particul~ arly provi ded, NOW, THEREFORE, in consideration of the sum of $ 0.00 and other considerations in hand paid by the City of Bozeman,-fhe 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 confinred and bYthCse- presents does hereby grant. bargain, sell, convey, and confinll unto the saidGrantee and its successors and assigns the following rights and privileges forever: 1. A perpetua 1 easement ilnd ri ght of way for the purpose of installing, operating, using, repairing. replacing, maintaining and removing a -'dil.1efi~,~,ll-- thereto upon and across the above described property 0 t e Grantor ,said easement and right of way to consist of a strip of land _ _ibirtJ{ (10) _ ___ feet in width being more particularlY dcscnbed as follows: Beginning at the South one-sixteenth borner of the northeast quarterof said Section 24; thence South 89 48' 24" West, a distance of 65.85 feet; thence north 000 06' 47" East. a distSnce of 11.00 feet to the true point of beginning; thence South 89 48' 24" West, 11 feet northerly and parallel to the East-West one-quarter line of said Section 24, a distance of 1260.35 feet to a point on tee North-South one-quarter line of said Section 24; thence South 89 09' 06" West. 11 feet northerly and parallel to the East-West one-quarter line of said Section 24. a distance of 1,348.12 feet to a point on the westerly line of the south-east one-quarter of the Northwest one-quarter of said Section 24. l - '. . . . . . , - nt~ :85 P!GE 4530 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 main and for the removing cf 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: 1. That, in connection with the installing, operating. using, repairing. replacing, maintaining and removing. of said water main 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 aa near thereto 8S shall be reasonably possible. 2. That, during operations involving excavation, it wi 11 remove the topsoil from the trench area to a depth of onc 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. J. To operate. use and maintain said water main in Ruch 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. .2- , ., . . flU~ 85rAfiE4831 s. The Crantor__ hereby c,",vcn;lnts find agree" wi th the GranU'c RI> fC'llows: 1. Thn tat. nn time will they but ld, cons true t , ('('eet or ml1intain any permanent structure ~ver or above the said __ wa ter .u._,.___ main \Inlf'SS such structure is built, constructed ----- Rlld maint..lit1Cd in such a manner tll<lt it wou lrl nC't i nu'rfc re with the operation, lISf.' , repair, maintnin0nce, t'eplncC'ment and n'moval of SHld _ water maiD-._. , - 2. That the Grantee m"IY peaceably hold and enjoy the rights and privileges herein J"ranted without llny interrupt ion by the Grantnr_..._ ('Ir ~ 9uCce88f'1rfl llnd 888igns. 3. That they have been lawfully seized of said premises; thllt they have good ri~ht and lawful nuthority to 8ell the same and that they and their hciro, exccut~r9, admini8tratt'rs, successors and assigns, shall "'arrant and defend the title to said premises l1nt~ said Grantee, and its succcssors and assigns {,)rever, against the lawful claim and demand ~f all persons vhomsoevcr, It 1s understood and agreed by and hetween the parti~8 hereto that this Agreement shall be binding upon the heirs, executors, adm1niRtrntors, successor and assigns of the Grantors and upon the slIccessorra .wd assigns of the Grantee. -). . , . . .. . f1U~ 85rtGE4532 IN WITNESS WHEREOF, The said parties of the first part have hereunto set thar hands and seals the day and year first above written. ...<Itw, ]7:>t.f' /;(/C . 6>r A~4".J: By: r ~?= I___A ~esident ATTEST: c~~ STATE OF MONTANA ) : ss county of Galla tin) day of j)~. On this ,';2 / in the year 19_ f' J before me, a Notary Public in and for said State personallt atreared EUGENE GRAF, JR. PRESI Et i and EUGENE GRAF III. known to me to be the SECRETARY of the corporation that executed the within instrument or the person who executed the instrument on behalf of ooid 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. -"" "~ " -~. , ~" . (~'/-p'-' ... .......~. .-- L /7 l-l ~. .. t ' ~.iI'.. . ,'.. ~...,.~7.",^$ A ',,;' .... ..,..; 4" ' '" ~y Public for the State of · / /,:ft.:'0:~ ,:r '. !. .. ;r';~' .. .f,,'l . Ii Montana -'.!'ii""'t Residing at Bozeman, M~ " It}". ..'..,.,,!l;/. My Commission Expires /l--- If/t?' 7/' :',(.4:,';")j'.'" ' \ '\ '. !t; , \ ',,", \~::' \ .' , APP':;mrrr:n .,ns r~. ~ -.--.--'-'.J -' ;i'!1 -; I ~-c - , '.-----................:/ I ' ",I- (; '~i City Attonley ..' .. -4- ." . ~ " . . HU~ 85rtGE 4533 THE CITY OF BOZEMAN BY:~~~.~ ayor ATTEST: - ...."" ;> ",,'~" . ~')}~ :Obin'SU:tlf , - i, e:l et.k,pt:;'\h~'~y !j,omni 55 i on '.'~" '-~rif'~- ' A -ROVE' S,J., " ~, {, <.:".~,i i.....' \... --7LU-- '} City Attorney STATE OF ~'ONTANA ) . 55 County of Gallatin ) On this 27th day of December . 19..1U.-, before me, the undersigned a Notary Public for the State of Montana, personally, appeared Alfred M. Stiff and Rohin L. Sullivan known to me to be the Mayot 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 this Certificate first above written. \,,: "'" ~~." Ilh'l.r/ r. \' '\. C J .'fl.'l ~, , . It I, ',.,'Y.'....... '" (:' ~, ~ ,:::.,.. ~~~t" ' , 't..".'(..., .~.... ,: ::;:XWJT1J!4/'~~\\-' ~.tI~ ., .~ " ~~ " : Cf-, ~';;' i : ') L1A.t:: ,.=.- \ ,,:... J-;-, ;j.' \ "-;fr:. ~. Notary Public for the State of Montana ", /- "'" .; J!t ,,f - , .. 1",., '"I ..."" 'Q-"Ii: ."1 Residing at Bozeman, Montana , "'. . {;- '". t,to ..... ,fIl ..~....., ... ...."1 :~,':' ~.'~~.~ ". My Commission Expires ~:.{..?oj /9cf<-l , j .! " ~'.. " ~ 1 t. 133726 State of Mont., County of Gallatin. 58 Filed for record 24 , :f98L~ at 2: 27 P. M. ~ndte=d in Book 85 of MIS page~2 9 ~Iuj l . . Recorder. By ~ Rt: City of Bozeman fee -0-