HomeMy WebLinkAbout83- BonnTon Easement
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EASEMENT AND RIGHT OF WAY AGREEMENT FOR
A WATER MAIN
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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 :
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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
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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.
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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.
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flU~ 85rAfiE4831
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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
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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-._. ,
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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.
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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.
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By: r ~?= I___A
~esident
ATTEST:
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STATE OF MONTANA )
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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.
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HU~ 85rtGE 4533
THE CITY OF BOZEMAN
BY:~~~.~
ayor
ATTEST: -
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A -ROVE' S,J., "
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City Attorney
STATE OF ~'ONTANA )
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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.
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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
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