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Home My WebLink About71- Fraker Easement , J>. J f IL!J ,1",.,..,.'" ~ 688 '. ,I r,.,.,:" EASEMENT AND RIGHT OF WAY AGREEMENT FOR UTILITY LINES AND CONSTRUCTION PURPOSES THIS AGREEMENT, Made and entered into this 20th day of Dc tober in the year of our Lord one thousand nine hundred seventy one between DAVID M. AND DOROTHY FRAKER, husband and wife, hereinafter known as the Grantors, parties of the first part, and the CITY OF BOZEMA~, party of the second part hereinafter known as the Grantee, WIT N E SSE T H : WHEREAS, The Grantors are the legal record title owners of property situated in northerly portion of a tract of land situated in the southwest quarter of the southeast quarter of Section 11, Township 2 South, Range 5 East, also designated as Tract 7 of Block 2 of Triangle Area Annexation to the City of Bozeman, Montana, more particularly described below. WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of MonLana, proposes to construct and install utilities and to trespass and use during construction their necessary appurtenances to serve various properties located within the western portion of the City of Bozeman and one or more such lines would run across the Grantor's land; and WHEREAS, The Grantee desires to acquire from the Grantors, and the Grantors are willing to grant to the Grantee an easement and right of way across the above described property of the Grantor, and heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining and removing said utilities and appurtenances and for the purpose of trespassing and using and for such other rights of access and incidental rights as are herein- after described, all as hereinafter more particularly provided. NOW THEREFORE, in consideration of the sum of $50.00 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 parties hereto, the Grantors have granted, bargained, sold, conveyed, and confirmed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever; 1. A perpetual easement and right of way for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing utilities and trespass and use the above described property lying within the City of Bozeman, County of Gallatin, State of Montana and more part- icularly described as follows and shown on the attached exhibit. A utility easement thirty (30) feet in width thru and across the north- erly portion of a tract of land situated in the southwest quarter of the southeast quarter of Section 11, Township 2 South, Range 5 East, also designated as Tract 7 of Block 2 of Triangle Area Annexation to Bozeman, Montana more particularly described as follows: Beginning at the northeast corner of said Tract 7; thence westerly along the north line of said tract a distance of three hundred thirty CEO) feet to the northwest corner of said tract; thence southerly along the west line of said tract 7 a distance of thirty (30) feet; thence easterly parallel and thirty (30) feet distant southerly from the north line of said Tract a distance of three hundred and thirty (33) feet to the east: erly line of said Tract 7; thence northerly along said easterly line a - ,.. FILI.l tj. 'r:~JS89 distance of thirty (30) feet to the point of beginning. Containing within the above described exterior boundaries 9900 square feet or .227 acres. Together with a construction easement thirty (30) feet in width to allow trespass and storage of materials thereon lying southerly and adjacent to the above described easement, said construction easement to be in effect only during the construction period. 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 utilities and appurten- ances thereto and for the removing of same, and for the purpose of con- struction 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 Grantors as follows: 1. That, in connection with the installing, operating, using, repair- ing, replacing, maintaining and removing of said utilities and appur- tenances and construction purposes, it will replace, at its sole expense, all existing fences, ditches and other appurtenances of said land that may be disturbed by its operation on a condition equal ID 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 away from the site of 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 substantially 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 utilities in such 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 should become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utilities the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. 5. That upon completion of said construction and acceptance of this installation the Grantee will pay to the Grantor in addition to the above mentioned money consideration for this easement, the sum of one dollar ($1.00) per lineal foot as measured on the centerline of the right of way for damages to the premises and crops by virtue of the Grantee's entry thereon. The payment herein specified for damages and crops shall constitute full payment to the Grantor for any such damage caused to the Grantor's premises and current crops as an incident to the initial construction and installation of utility lines and appurtenances. . . FIL~ l~,." 'C:f 1_690 The Grantors hereby covenants 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 utilities unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance, repalcement and removal of said utilities. 2. That the Grantee may peaceably hold and enjoy the rights and privi- leges herein granted without any interruption by the Grantors or its successors and assigns. 3. That they have been lawfully seized ot said premises; that they have good right and lawful authority to sell the same and that they and their heirs, executors, administrators, 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, successors and assigns of the Grantors and upon the successors and assigns of the Grantee. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. c.. " f\~~~I~~:-;~~ERXL d'l {? I ATTEST: /( "/",, ,," ,,_/ Ji- "",," ;, "I " ""If.' " DOROTHY FRA ER '(..... ..-.-; C ,/j, -' /" ,-' I . l '/ ." ,} /. .L./ /' .-1../.... " /) ,/ /' . - /~<~/ _--I,_,//<:~>,,,,,,:-. <" /-" ,_ - / . ,,' ! ;, ..I ( " STATE OF MONTANA ) ss. County of Gallatin) /Ii On this //;-d' day of (/~~.;c,<;~/<.-. 1971, before me the undersigned, Notary Public for the State of Montana personally appeared David M. and Dorothy Fraker, known to me to be the persons that executed the within instrument. and acknowledged to me that they 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. '. ... ,.,'\ 1'" "' c.:: d< ..,-" " 1 ~ ~ : N~' -. '~trY \ ':.,..~'II:'~ ~ .~ ... ..~ .111 .,' .i ': l'" ............".' ~.'" ~ . " ~' '.., ~ I j . . \ . 1<>;1 "."'" .........., ":.", '\,-:, . ,"'i"t:. ~~:r.:. \-: ,,-~' :::; :: ~ .: ......... .,./</:::,:-:1'/ ~~/ ,:/~:"; (,' ," /: Notary Public ..fp,r the StaE of Montana R . d' t p,L;/7X.;,y/f,',,><' Mo M;s~O:~S:i~~";X;~~~s n::~h/' 1"'1"' J :ILI.i J.:_ 'c-: 1691 THE CIf\ OF BOZEMA{~ \ ! ' By: fYL -./ ATTEST: ("...,,. .- . Ci tY"Coll1lission APPROVED: ,-",,"') , "" f D t" ,.,"'-~ ''1 \_ w _ \.' 1../ " " ' . 1.-' P' BEN' E. BERG~ JR., ity -;$1Fney STATE OF MONTANA ) ss County of Gallatin) , '. ,:'" ...:..' . . < ~ ' .- f", ' On this 20th day of October 1971, before me, the undersigned a Notary Public for the State of Montana, personally appeared Don M. Langohr, Jr., and Erna V. Harding, known to me to be the Mayor and Clerk of the City Commission respectively, of the City of Bozeman, Montana, whose names are subscribed to the within instrument and acknowledged to me that they executed the same fur and on behalf of said City. IN WITNESS WHEREOF, I have hereunt6\set my hand and affixed my ~otarial Seal on the day and year in tpi~ Certificate ftrst above written. f)' I.~I r! t '~'" ; / '~ \ !,- ,,' ,\ /' Not}~;\ p~ Iii f~~<'~tre State of Montana Residing at Bozeman, Montana My Commission Expire s WOTARV PUE!JC for tl1e ~tate of Montana Ref:::;';'! ~...t l><'\;:'il:~:l, ~1~ontJna My COrnmi$5io~ Expi;CS September 15, 1974 '" .. ~ '\ t, '( . " ....",., f ~,. ,. , -. - "", ~'. ' , ",<,.,,~ .. '4":',' ",.' .,r \ .' . ",. ~. .~. '.... '- ~ ' 1.., ,'" ~ ;;, l- <.;,..'f~; rlNDF~XEDJ ,;,:",',:II""~'~""~"~-' . f//I State of Montana t County of Gallatin f 55. Filed October 22 .19 71 at 2: 05 P. M., and Recorded in book_LL____of MISCELLANEOUS ",___Page__16S8 CARL L. STUCKY By ~c~~t4r,k_&:;~~y v Deputy (/' Fee $__=,-=~., Rt: City of Bozeman L 2 )IJ018 JtJ)fOJj .(440JOa '8 r.J p'^Oa t> )/:)018 ,os = 1,1 sodwtJ)fJn8 auona - 4::>s08 aOJoa8 N lN3~3S~3 NOI1Jn~lSNO:> tl3~tI 318N'i7I~1 9 Allllln .. : 3"W:)S I. ~