Loading...
HomeMy WebLinkAbout83- Egner Easement . -,; ~f: City of , Bozeman -0- Slale of Monl.. Coun/y 01 (;a!J(llin. ss (-'lIed ;or rcco;'d_ Mav 4 19....E.l.(lf 1 ''1n~M.. (u)(1 {'n;o/cbJ in I(,w!,._ 76 of MI~~949;ag, &?~ ~;, ~l~:;~: EASEMENT ;\~W RIGHT OF WAY AGf{EEt~FNl HW f1lH 76 PAGE 62 INDEXED, X.lL fLATTED' ~, ___._ .~UA:r.@---MAJN."' ....-~_..__. ~-- ,.". .-----. TH IS AGREEt1ENT, r'lJde and cnte red into tll is 23rd day of March ,__~- A. D. 19 ,~_~,_, by and bctvlE~en _~a~ie_~-,--1,g,~.~_~gn.gr., formerly (a married person) Mar:!..~_. Lee,~5~LM..lJ~!2..gE?g_L_QU~,~. pdrt,"y..._ of the first part. hereinafter' called the Grantol'____ dnd THE CITY OF BOZE~1^N, 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___~. ~_ the le~al record title owner of _~_ Parc~.lL-Q.f_C~rtificate of" Survey No-'-_:mL,__~~_~ WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of ~1ontana, pl'oposes to construct and install a water main" " and necessary appurtenances to serve various pr()pertTe-s-To'c-a-t~e'J'wlTh-in the eastern portion to the Ci ty of Bozeman and one or more such 1 inc'sw"oul'cr-r-ur;-across the Grantors land; and WHEREAS, The Grantee desi res to acqul re froill t1ll~ Grantol'_.._' and the G ran tor i s \'1 i 11 i n 9 tog r il n t tot he G r il n tee ,1 n l'r1 S e - ment and right of way across the above described propprty of the Grantor ,and her heir-s, executors, adl1l;nistratol'~;, successors, and assrgns, for-the~p-u-rpose of instal1ing, op('ratin~l, USlng, repair- ing, replacing, maintaining, and removing said water main and appurtenances and for such other r'ights of "JC-C~(l-s's'ar;(rTric1dcil'ial rights as are hereinafter described, all i1:~ hereinaftr~r mOre particul- arly provided. NOW, THEREFORE, in consideration of the sum of $ -0- 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 parti f'S hereto. the Grantor -----baS---c...----.~----.-- ,-,__~__' granted, bil r~Jil i ned, 501 cl, con vey~(r, -- and conflnred and by these presents ....dn.es._ hereby SP"ant, barcJJln, se 11, convey, and confi rill unto the sa i d Grantee and it,; successors and assigns the follol'linq rights and privi leqes for"ever: 1. A perpetual casement Jnd right of WilY for the purpose of installing, operating, usinlj, repairin9, replacinq. maintaining and removing a water main thereto upon and across the above described properfy-oT-Th-e--GI~arlfo'r __, SJid easement Jnd right of way to consist of a strip of land 10 feet in width being more pJrticularli~de-scrlFed~-as-fonow~s'-:- An easement located in the northeast one-quarter, Section 18. Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman. Gallatin County. Montana. and being more particularly described as follows: Said easement is located in Parcel B of Certificate of Survey No. 102. Parcel ~. Certificate of Survey No. 201: Said easement is 10 feet in width. and the following described line is the northerly boundary of the easement. Beginning at the northweot corner of said Certificate of Survey No. 201; thence North 8911'50" East, along the northerly boundary of said Tract B; a distance of 649.63 feet to the northeast corner of said Parcel B. filM 76 PAGE 63 2. The perpetual right nf 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 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___ a8 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 eppur. 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 8S 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 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 main in Auch 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 shadd become necessary for the Grantee to re-enter the Grantors premi~es 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- fiLM 76 PAGE 64 .' s. The Grantor hereby c~venants And agrees with the Grantee as follows: 1. That at no time will they build, construct, f!rect or ffiL'lintain any permanent structure over or above the snid water main unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintain0nce, replncrment and removal of said water main 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor__ or ~ 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, administratf'rs, 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. 1. The City of Bozeman will move at its own expense such material, specifically a large wood pole and dragline boom, as may be in the way of constructing the water main and will replace it after construction. The City will be liable for any damages to said material. 2. A water stub will be put in the line at no expense to the Grantor for service to the existing shop building, -)- fILM 76 PAGE 65 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. CJ'7 ,f , j/ ,~C// C?? / F, ~/ , " /" ,/" " r, ..!..._~(... ~~-Le ..:::..-.:::::...._.~:::::::~.e:..c' -- (~7I': <:---z / MARIE S. LEE EGNER ' (;f!Lf/ STATE OF '-i~OtnANfr ) F'vIUJJ!O'itf': S5 County 0 fBa-H-a-till ) On th i s '::LJ.~ day of I))t!-~j-!!ci.... 19.J3, before me, a nota ry public in and for said State, personally appeared ____"'__.__._ \ ') ~/' "':; h J -ill) i'-h{!~~~-e-!:.. 6.)~_____ known to me to b~ the personn__ whose name subscrlbed to the within instrumenT, and acknoWledged"to me ~that executed the same. >' ,. "1.//, ~-".." I .,.. / -,'. / ,... . ,0 - I < , ;:::(" '... z,__ ' ...." w. ;::'....)> ,_ ' ~ ,.)> ''7': ~ " f"'"- ? :;: ~c:il. i '('t, Q 0.... r . .. }"......... ~~,~ 0- 'r- .l :...' ,Y...... .. j ....... ... ~ .........- '" , ~,\ )}} !-./.:4.<!..~~,L~;1J:1,L.L.~''&-,Ll /,1.,/ / Nota ry Pub 1 i c for the , State of MOll Lalla {)A l A Resi,dinq a~ -8oleffi~11 ,-Mon!;,oyx'c<,',P("' My Commlsslon Explres/t! I ___--L/- Jc . ~~~:L.__.. / // /.//' tL_ ,leA -4- \' filM 76 PAGE 66 THE CITY OF BOZEMAN /~/ ~ / ,,'/ 4/ / By: --c:?t?, ' ~'> .~; --t2 /'Ma}or .' ", APPROVED: 7([19, :1, ~U/(;--;:{ ILl -'7t(L((Z- City Arney ( STATE OF MONTANA ) County of Gallatin ) ss On thi s 4 th day of Apri 1 . 19~ before me, the undersigned a Notary Public for the State of Montana, personally, appeared Alfred M. Stiff and Robin L. Sullivan 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 on behalf Notary Public for the State of Montana Residing at Bozeman. Montana My Commission Expires rI'J().J>~ 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. '" \' \ \ \ ~ Ill1 , II ""1" ,..,\ , c. l/ f 1"1, ,,' t'\ t- ,,' ...... '/1/~ III ,,' -.A.'" ,,' ". r~ ~.. . .....'" or" '(': -:. / ".:",\'J \ AR/I!t ....,. ~ \. ; ','S 't~ '.,...., ~ : :1,: '-'f','\4 : :- . \ )"J,1:'AA..), i ~ '- ~ cf' .... ...~" ~ '4" ~ .." ..... ~.,. ""'~ "" "'iJ'..... ..,....... ~'f~ .....~ ""1 t OF' J.tO~ ",-' I;""", I ttt \ ,,.,,,,'t' ~c.~ -5- I .. -.[ ~ " ;. CE::.... ~ ----i '" \i~ FILM 76 PA~E 67 Vi 4J" ~ V)~ LAIIO OiV;;V[R.' /1''7. h: Vi ._-~ A"'y:=~_~v r - SC:V~ - - --.....---.-- ~__vc."/ R/,-n -___...... .... "'-""""c..... ---- ----...--- PL .47' //25" F/C'LD //..3(J' P/il1CCL ::"1" -~- 2~8J4. 75 S.' 0, (; 8 1,<","': ~ ~ ~ . Os: \i ,~ ''1 ~ ~ k, ~ ~ ~ (: ~ ::;. \l \; , ~" CJ \ ;J ~J :\) ", t' o '\ ~~ '~'l (\ '~ \ , { r., ~\ 0"\ '" \.. t \. ~' \~ . :.. ,'-I \.} . ~ :: " \!j > (,) 0\' ~~\ ,~ ~ '-.J 4J h: 't ~ -:.. ~ 'i \J .~ Q,; '\ l' '\ .'-, .... ~ "' .." S O'OI'O.FE T~--..--~ ... . I I' I t, ,::';1' "r .2<193 . .248.55' SOt/TN 760' -/625''- L E 6E,ND /?<PC~~~ /,':)../O...,.~ 11 2. ------- EA Se:..-....\ ---- - _.---~._~ C.E/(;::~l,. - - -.---. Cc/{T~"'." . o }~""':'\1 r-00'.'0, SC-T 5< ~r/s .r-:,'", ~ '< ~ ~ ~k. l~ :\)~ ~ ~~ ~h.~ 1<1 '\ :oJ ~:J~ ,~~ l\. \.n' '- ~~~" ~rr) .~. 0\0)~V1 \0 r...." l\" ~ t\l ~, C's1 \) ~ ~ \J ~ /i' P ~J2 15' // ,S.;!. '2_~ 22.9':3 . /-;.,-'().... 7 T-I'..:.;' ,. R P ~t/ /S I.' ~9_0'2 /' /503. .r/i'O,">',7 r,/;...~~ / .I . ~ J " PA!?CEL 'S" / 72. <; 85 97 S r 39c:.O/IC ~ ~ ~ ~ !l) ~V) ~ . 'J \) .~ ~.~ ct O\~~ C\) ~ <J) ~ ~ 'V)~ % , \J "(J 'of) 't , ' Cl \~" , ....' ,: ....1 l, ~ '. \J~ --_...-----1'\ ,____'__ I.... >0 , '.J . . . -0 . ~ .'~"" \.0."'.) -,-,"\.0" /1 . . ..:........,' 68 '" ..., \' { , t' \ " \ : , , \ I', \ ... " "' c f j