HomeMy WebLinkAbout85- Graf Easement 1985
, FILM 88 PAGE 2167
WATER PIPELINE AND ACCESS ROAD EASEMENT AND AGREEMENT
EUGENE GRAF, JR. and GENEVIEVE S. G RAF , a married couple
of 504 West Cleveland Street, Bozeman, Montana 59715, GRANTORS,
in consideration of Ten Dollars ($lO.OO) and other good and
valuable consideration, receipt of which is acknowledged, grant
to the City of Bozeman, a municipal corporation of the State of
Montana, 41l East Main Street, Bozeman, Montana 5977l-0640,
GRANTEE, its successors and assigns, a perpetual easement to lay,
construct and maintain a water pipeline and access road with the
usual services, valves, connections, accessories and appurtenances
for the purpose of transmitting water in, through, and across a
strip of land situated in Gallatin County, Montana, fifteen (15 )
feet wide on each side of the centerline to be located on the
following described real property:
Tracts of land in the E~, SE~, Section l8, Township 2
South, Range 6 East, P.M.M., city of Bozeman, Gallatin
County, Montana.
The centerline is more particularly described on the attached
Exhibit A, which by this reference is made a part hereof.
This grant includes the right of the GRANTEE, its successors,
permittees, licensees and assigns and its and their agents and
employees, to enter at all times upon the above-described land
by using existing roads or trails or otherwise by a route causing
the least damage and inconvenience to the GRANTORS in order to
survey and establish the route and location of the easement and
the pipeline and to:
(1) Construct, operate, patrol, repalr, substitute, remove,
enlarge, replace, and maintain the pipeline, services,
connections, accessories and appurtenances;
(2 ) Trim, remove, destroy, or otherwise control any trees
and brush inside or outside the boundaries of the
easement which may, in the opinion of the GRANTEE,
interfere or threaten to interfere with or be hazardous
to the construction, operation and maintenance of the
pipeline;
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fiLM 88 PAGE 2168
( 3 ) Grade the land subject to this easement and extend the
cuts and fills of this grading into and on the land
adjacent to that which is subject to this easement to
the extent GRANTEE may find reasonably necessary for
the construction of the access road.
The GRANTEE agrees that:
(1 ) In connection with the construction, operating, patrolling,
repairing, substituting, removing, enlarging, replacing,
and maintaining of said water pipeline, it will repair or
replace, at its sole expense, or pay to GRANTORS the
reasonable value of any damages to growing crops or land-
scaping, existing fences, ditches and other appurtenances
of said land that may be disturbed by its operation.
(2 ) During operations involving excavation, it will remove
the top soil from the trenched area to a depth of one
foot, or to the full depth of the top soil, whichever is
less, and stock pile said top soil for replacement over
the trench. It will remove from the site any large rocks
or surplus excavating material or any debris that may have
been exposed by the excavation and remains after backfilling
is completed. And, it will leave the finished surface in
substantially the same condition as existed prior to the
beginning of operations except that the surface of back-
filled areas may be mounded sufficiently to prevent the
formation of depressions after final settlement has taken
place.
The GRANTORS agree that:
(1 ) At no time will they build, construct, erect or maintain
any permanent structure within the boundaries of said
easement without the prior written consent of GRANTEE.
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nu~ 88 PAGE 2169
(2) The GRANTORS warrant that they are lawfully seized and
possessed of the real property described above; that
they have a lawful right to convey the property, or any
part of it; and that they will forever defend the title
to this property against the claims of all persons.
(3) The GRANTEE may peaceably hold and enjoy the rights and
privileges herein granted without any interruption by
the GRANTORS.
The terms, covenants and provisions of this easement and
agreement shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns
of the parties hereto.
DATED this ;::; ~ day of Q""..-,.., AI _ , 1985.
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" G~~~ GE'NEViEVES.-~~/
STATE OF MONTANA )
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County of Gallatin )
On this ;7~ day of , 1985, before me, a Notary
Public in and---ror--the said ate, personally appeared GENE GRAF,
~.JR. and GENEVIEVE S. GRAF, nown to me to be the persons whose
~fl A'11."li~es are subscribed to tlle within instrument, and acknowledged to
,:)~~",':H":JJ}~.,.~a,t they executed the same.
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:\,1 iI:"'.I, Tj." '"'l' of ' ry Public for the State
~\" . ,~:: of Montana, Residing at~;;
,~",'"."",~"",," Bozeman, Montana
""'~.~f:M<*~":;' . My Commission expires:. Iv 1'1' R?
CITY OF BOZEMAN
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By -" "T1d.- / - ~?- C
Its: City Manager (Ac-71t<5J
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STATE OF MONTANA ),;;,".,;:;1'
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County of Gallatin )
On this 1st day of July , 1985, before me, a Notary
Public in and for the said State, personally appeared DONALD II.
BARRICK and ROBIN L. SULLIVAN, known to me to be the Acting City r1ngr.,
and Clerk of the Commission, respectively, for the City of Bozeman,
and acknowledged to me that they executed the instrument on behalf
.
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filM 88 PAGE 2170
of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
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''if(',r" " ',,4~ of Montana, Residing at
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%;/IB L " 't_, ~1, ~ My Commission expires: 4-30-88
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FIlM 88 PAGE 2171
EXHIBIT "A"
GRAF WATER MAIN AND ACCESS ROAD EASEMENT
Beginning at the East one-quarter corner of Section 18, Township
2 South, Range 6 East, Principal Meridian of Montana, City of
Bozeman, Gallatin County, Montana; thence South 120 56' 12" ~..;rest
a distance of 296.88 feet; thence South 890 32' 00" West a
distance of 1,Ol3.18 feet; thence South 090 46' 55" West a distance
of 330.00 feet to the true point of beginning; thence South 790
lO' 15" East a di.?tance of l2l.2l feet to the terminus of said
easement boundary.
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I '"\.A:-Tti, t>( 141856
state of Mont.. County of GaHatin. ss Filed for ,..ecord ,T11-1 y 11 ,OS5
at 10 4, P M.. and. recorded ill flook 88 of J~CbtLAZ;;~; .-.?1f...7
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~ ttJ:>- ~ltinele Recorder. By c7')[ r 1
Rt: City of Bozeman
$25.00