HomeMy WebLinkAbout82- Burke Easement
~ ...
fILM "76 PAGE 85
EAS[~i~t\T Mil) f)! l~dT J~ '.:;,y
r /",1 ' I,
;i.:)'\,. I' ,.'
a \4 ate r no i n
THIS AGREHiE!n, I'~z;(l;:: Jne] l'/llt.:iC'tl ~!I~,f ~Ii
28th ' ,:.J) u:
December
A. 0_ 19 82_, by ,Hid l~l< \'.""'-':: Edlllund Burke JJ I
and Thomas D. B~_r::k_,_~ ;_,,1rtj_~?of L1ll' f;!"',~ ;'l':':, '""(.it":('.,,,,
ca11ed the Grantors and THE CITY Of 80hY,:,:;. ,I 11,lnlic.i;',11 li)(;:,:'-
ation of the State()f MontJTla, in GJ11alin (0'llll.1', ti,l.' :JUly uf
the second part, hereinafter ce.llf..'o the Gr~l:tl":,
W ] T N E 5 SET H :
\4HEREAS, The Grantor s
_ar~, the lV')<1] rL'cul'd tit Ie ulmer or
land in eastern Bozeman
WHEREAS, The Grilfltee. in thl' cxerei',(' of i Ls IJ(MC'r '1nd Lluthority
as a municipality of the SlJte or !.'IOfll,IIIJ, 111'IJpl)';es to UJf1struct dJ)d
illS ta 11 Ll w.tle.r:.ma.in ___._, dl1d 1\(.(l",....II.Y .jl'!ltJl'tl:!l"IlI((~S to ~.I'rv('
various properties located within the __ _ ,... ___ portion to th(~
City of Bozeman and one or more ~,llch lin(~~. \'IWlld I'llfl ilCl"fJSS the
Grantors land; and
WHEREAS, The Grantee desires to ilcqlJin:- 11'0111 the: (;(iHltor,.~..,
i1nd the Grantors are \,/i11'iI10 to l)rdl1t l() the CrMllc(' an ed;I'-
ment and right 'It'-way-a.ci::oss the above desuil>cd pJ"opcrty of tht:::
Grantors, and their heirs, cxecutol'S, ,)cll1linist.I',H01-S, ~,uccessor'S,
and assigns, forthe purpose of installinQ, operotin~, using, repair-
ing, replacing, rnaintilining, Clnd rClllo\'in~l ~.tlid ._'1~t~r_maiD_________
Jnd appurtenances and for such other r-igl1b of Llcces~, (l/ld incidentJl
rights as are hereinafter described, all as hcrein,lftnr more pilrlicul-
a )-1 y pro v ; de d .
NO\~, THEREFORE, in consideration of the Sllm of S [J_,:;;,!) and
other considerations in hand paid by the City of G()ZUIi~l~I~,-ftlC receipt
Ivhcreof is hereby acknm...ledged, and in further consirlcrJtion of the
covenants and agl-eelllents betlveen the pelrti ('S her.cto, the. GriJntur s
have 9runted, LJilreJdined, sold, cunvey(:'J-~--
JIILl con fi rll'€d-andt\Ylhcsep-resen ls do hc'reby ~ I-an t; ba rgiJ ill,
sc 11, convey \ Jnu confi rill unto the sJTd--Cr'~llt.('e JncJ i t,; ~llC((~SSurs
and assigns the following rights and privile~es forever:
1. A perpetual easement and right of Ivay for till' jJurpose of
installing, operatin<], usilleJ, rcpi1;rillU, r'('p1.1ciIJCJ, IIldifltilinin0
and removing a _w.a1..eL-~_ thereto upon ilnd acro:,s the abuve
described property of the Grilntor.....5.....--' said easement und ~i.~ht of
way to consist of (j strip of land 40 feet on hillside'terrain, and
30 feet wide from the top of the hill to Ida Street being
more:particularly described as follows: -- . ,
An easement located in the Northeast 1/4, Section 18, Township 2
South, Ran<]e 6 East, Principal t1eridian t1ontana, City of Bozeman, Gallatin
County, f1ontana, and being more particularly described as f01l0rIS:
Said easenent is to be 40 and 30 feet in width, 25 and 15 feet
southerly and 15 feet rortherly of the following described line:
Be9~nnin9 at the East one-quarter corner of said Section 18; thence
North 58 46'03" \4est, a distance of 2094.41 feet to a point on the
easterly right-gf-way of Sourdough Road and true point of beginning;
thence North 89 13'38" East. along said de~cribed line, a distance of
405.60 feet to the westerly right-of-way of Ida Street.
~
FILM
76 PAGE
86
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 of same if and
uhen desired by the Grantee, its successors and assigns:
TO HAVE AND TO HOLD the above described right of uay uith
all the appurtenances and privileg~s unto the said Grantee
and to its successors and assigns forever.
The Grantee hereby covenants and agrees with the Grantor $
as follnus:
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 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 topsoil whichever is less.
and stockpile said topsoil for replacement over the trench.
and uill 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 main
in Ruch manner as will not hinder or prevent the
proper cultivation of the tract thrnugh which this right of
way is hereby granted.
4. In the event that it shadd 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.
5. That water from said water main will be made available to
grantors' property up::m re:;ruest.
-2.
. '
5.
FILM 76PAGE. 87
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 main
unless such structure is built, constructed
and maintained in such a manner that it would not interfere
with the operation. use, repair, mnintaincnce, replacement
and removal of said wa ter rna i n
2. That the Grantee may peaceably hold and enjoy the right!>
and privileges herein granted without any interruption by
the Granto~__ or their successors and assigns.
J. That they ha'll~ bee" lAlltfully tiC ~~_
they have good right and lawful authority t the same
and that they and their heirs, exe 5, administrat~rs. r#~
succeSsors and assigns, warrant and defend the title
to said premise n said Grantee. and its successors and
assign ever, against the lawful claim and demand of all
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.
-]-
filM 76 PAGE 88
IN WITNESS WHERIDF, the said parties of the first part
have hereunto set their hands and seals the day and. year first
above written.
L~-i~,~jj2
----a-~ 'J)~
TlOMAS D. BURKE
SI'ATE OF HAWAII )
) 55.
CITY & COUNTY OF IDIDLULU)
1.,.,In.,?";, .
,lito", ~ "i
,"':,'-=' ......~: ..//r/'II"
.;:-"0 .~I ". ../ ~
~ " ~
~ "/. t""I t, --'. I. ~
_ ...\C\ I. c ',,,
- ... \J _.,
;:;:.... tee ~::
: : Q I'::
... 1( '.,., ... .\ \.. ..
; ! \.1 ' 11 n l" :'...':
"" i, f. oj " ~
~ .... ,,',
-.oS', '" ..,' . ," '
.... Alr rf ~.
On this A fl day of December, 1982, refore me, a
notary public in and for said State , personally appeared ECMUND
BURKE III and TIDMA$ D. BURKE kn:>wn to me to be the persons
whose names are subscribed to the within instrument, and
acknowledged to me that they executed the sane. ,
.........)c/<:'" /' ~__..). ~
~ ~ ,r""_=.:/ Lv,
L NOtary Public-State of Hawaii
My rorrrnission ~ires: 4' ~!>--,6 s/
-4-
..
FILM 76 PAGE 89
TilE CITY OF eOZEr'IAN
[3y:__
"~~~
ATTEST:
~p
".................. ~--
ohin lIll i van .~* Ii
C 1 e....k;\o~_ the C ity.:I;.."Sljn is s i on
.. r ,. ~ ~.. ~' 6...;.
.' 'I. ,; 0 ,:h"" t.....
APPROVED; C (;:1 .' -, "~'
(1
4&~ - fiii-lI fz~
STATE OF ~'ONTArM
ss
County of GallJtin
On thi s _~.!l1___duy of _~_~jJ__________, 19.?~ I befor~ 1l1l:, the
undersigned a Notary Public for the Statc of t.10 t,lna, personally,
appeared __A1fr~d ~~__Stiff__q_D.<;LJsQb;Il...L~.sullij[an_-..~ kno\'1n to m(' to
be the Mayor and Clerk of the City Conunission re~;, cctivc'ly, of the
City of 8ozeman, whose names arc subscribed to U10 within instrument
Notary Public for the State (Jf r'lolltaJ1,!
Residinq at BOZCrlliHl, ~1ontana
~'y Commission Expires _~_.,,_,!~__:__d ~_
and acknO\'iledgcd to me that they executed the S(\llle 111' and on behal f
of said City.
IN ~lITNESS WHEREOF, I have hereunto set illY hand tlnd affixed
my Notarial Seal on the day and year ill this Certii :Lc first above
wri tten.
, " ~ \ ~ ~ \ II \ UtI, "'11 II
..,...,'" ~ c.. H ~# )';'1
.:>'", () ~.",....#~.jl.~i:4,"",'...<j,
....,,~ , .jl 1,-"'...' .,
.' ,)'....\\"\\f'RU ;'" ~ \.
: \'1- "I.... ',r' ~
. \. SBJ:.l_:,.1 j
~-;.. d" A.It. .,t~ i
'~ ~ ....' .". .:::."":r .......
'~I ,.~ ..........4 .II! ~ \ .....v
"'" .Cr: l'\O~" ,.'~'
'1, J "1, " " ~ 1 , ' ~,.", \
CCc:~-~~ C. J/ .- -. .
~...........-------- "-~,.__............~-_...........--.~ ~.- '....~'-
-5-
~
~
~
~
~
~
I',:, ~. \I. 'f" '," "...
':.>:~'s"6tiR 0'0 UGH
F1L~ . '76PAGE
R'O At5
90
!......"'.I
I.
I I . '", ... ..
L!
, ,
..
'r I
I
....
I
"'f'
I
+.,
i
~.
-1
I
.
-~' ",. '~' I I
, ..
'..
,'"
, \
State of Mont., County of Gallatin, ss Piled far rccrm( May
4 ,19ll..at 2 :Q5Pj\L GlU! r('c~"rC(! ill r:uck~,]..~ of
MISC. PilW~, _,~._~~~~~ "~~:J~~J;(!wrder
" BY~~'l,",'
'" " <I" 1 J. 'rJ ',';, '":..-,........ 1r ~ 'ifj
;.~ .. (. ~'r'fl' .{:l." :..-/" ,(1'~i? - ';~'.;,~~
· ., '~, .. < ",' t;-. .',...-. " .......... .....;~!;t~~;' j,., ~ -;:~. flAt '
,:.' '. · "",.. ( ..' ~'1:""'< .... ()......~1.1t _, _',' ......L,.,'\:~'.
'."', '.. ~I-" .m;.", ? Jtt ,'v _, '1),0, <) ..I. ~ oJ.. '".-
. '. .....- 'J.;'" 'J" '", ". ".' ""
~ ~'- '. . . .".,."~.! ~'f,. ...._~~.~_,.:.~,/.:, ''.,.../-, ~I';l 1!..:. .,. .. j. ') 1It''t'''lr" ' I. 'itI.# .......;;" ~. f
- - ~ ,to. 10, 1,'1 " : (j,' ,. ....~t "', ...':....~
· ...... t ( ~ ~'I .J,' '1,1'. , '"", , ...., ~~,,,,,'l"'.'
" ",' . ''\' ";... '-'1" ,. ./ /"" :.-'!'1' ,i.} c-.:'l" -,"'" """," .....~;:'::,~."
,~....:, \ . " ,>,.", " {',::!- , , " ,;"'" . .,.',.-
i ,'" .,." ""',.' ,.~, . .. ","1'.
f#
Rt:
-0-
City of Bozeman
, ..
~\
.... .
, -""'.
. " ,,'"
, . 4".
.':t' ,
· · ,.,t .
.(: '\
~.
, ...
...
EDMUNO BU~I'I,E.
GEORGE W. ASH FORO, JR.'"
WAYNE: M. SAKAI"
HOWARD F. MePHEE::"fE:RS.
WILLIAM A. BORDNER"
WILLlAIIII H, GU_ARDY, JR."
MICHIRO IWA,NAGA-
BARG'Y M. KURREN.
,JAMES T. ESTES. JR.'"
JE~~REY Y. HIGASHI
BRIAN ABURANO
EMILIA ~. DIE MEO
ATTORNEYS AT LAW
A LAW CORPORATION
:l100 MAUKA TOWER, GROSVENOR CENTE:R
737 BISHOP STREET
HONOLUlU, HAWAII 96BI3
CABLE:: DUE:PROCESS
TELEX: B742 GWAJR HR
TE:lEPHONE: 18DBI S23-9B33
...--
-----
BURKE,AsHFORD, SAKAI, MCPHEETERS,
BORDNER & GILARDY
December 13, 1982
*A LAw CORPORATION
Mr. Arthur Van't Hu1
City Engineer
The City of Bozeman
411 E. Main Street
P. O. Box 640
Bozeman, Montana 59715
Re: Water line easement
Dear Mr. Van't Hul:
Enclosed please find the original and copies
of the water line easement you have requested over our
property. Pursuant to my telephone conversation with
you on December 10, 1982, we have made the following
changes in the document. You agreed that a 3D-ft.
easement on relatively level terrain would be satis-
factory, although 40-ft. is needed on the steep
hillside. I have therefore modified paragraph 1 to
reflect this concept of easement width.
We have added a paragraph 5 on page 2 of the
easement document stating that grantors will be able to
use water from said water main.
The remaining modification was deletion of
paragraph 3 on page 3 in which grantors were requested
to warrant title to premises included in the easement.
Although I have no reason to believe there are any
clouds on the title, we have been away from Bozeman
for a number of years and have no knowledge as to
possible claims of adverse possession, etc. Since
the easement is being conveyed without the payment of
any consideration, we do not want to be in the position
of warranting title to an easement which is in fact a
gift.
.,......,-'_..