HomeMy WebLinkAbout83- Egner Easement
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~f: City of
, Bozeman
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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
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EASEMENT ;\~W RIGHT OF WAY AGf{EEt~FNl HW
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76 PAGE 62
INDEXED, X.lL
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___._ .~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.
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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.
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76 PAGE
64
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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,
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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.
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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.
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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
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filM 76 PAGE 66
THE CITY OF BOZEMAN
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By: --c:?t?, ' ~'> .~; --t2
/'Ma}or
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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.
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