HomeMy WebLinkAbout83- Graf Easement
S J Mer c ,r ' ., t " 1 5..t h
J' tate 0 ont., A!Un'_,' 0' lil__n/in, ~~ l'i,(,<I l(lI- ,-,'corcl
. Nov. . 19~ul 4: 00P-1.. 'mill n:conJoa in Hook 80 of
MISCELLANEOUS 855 GARY W. PRINGLE - FILM BOPJ.GE eS5
page _. Reco reler
Rt: City of Bozeman 117413 By C)2-Z-eh (? Y?7~Deputy
Fee: -0-
EASH1ENT ,\NO RIGHT OF WAY jl(,P(~_r1H~1 rem ~'D3
A WATER ~1Arr~ PIA"'D '
~,._.~--"."--- ,.-.--..-." --...----- -.... .. - "~
THIS AGREEMENT, ~~dOt" rlnri i,'Ylter'<,d in_" l' i'- 24th day of
--.--....--.- .-
October 1\. c. 19 83 , by and between __~ LJ.9.e n. e__G r CLf...._JI-.__ _ and
Genevi eve'--S-:---Gra f, a ma rrfed
couple residing at 504 Pi"H'ti_~s of the fi i"'t. part., hereinafter
vresrTTe-veTand--SC'~--Bozeman, MT
called the Grantors Jnd THE CITY OF BOZEMj\N, a municipal corpot'-
ation of the State--()'f ~10ntana, in Gallatin County, the party of
the second part, hereinafter called the Grantee,
WIT N E SSE T H :
WHEREAS, The Grantors are the li'(Ji:ll record title owner of
a porti on of Secti_?_~_J~~,12,S_,___R_~X~_J~i'1_,_.G.a 11.i!~J.~ JJ?~n.tY_~JlQD_t~_na_-_",
WHEREAS, The Grantee, in the exercise of its power and authority
as a municiRality of the State of Montana, proposes to construct and
install a 24" water main and necessary appurtenances to serve
various properties'lOca-fe-dwTthin the __~h_?_le"_______u___ portion to the
City of Bozeman and one or more such lines would run across the
Grantors land; and
WHEREAS, The Grantee des i t'es to acqu ire from the Grantor__ ,
and the Grantor are willing to grant to the Grantee an ease-
,
ment and ri ght '6T-way--ac-ross the above descy'i bed property of the
Grantor s ,and their heirs, executors, administrators, successors,
and asslgn's, for,.the-pu-rpose of installing, operating, using, repair'-
ing, replacing, maintaining, and removinq SAid water main
and appurtenances and for such other rights of ci-c;Ce-ss-'a-ncr--lnc:lde'nt:al
rights as are hereinafter desuibed, all dS hereinafter more particul-
arly provided.
NOW, THEREFORE, in cons i der'at i on of tnl' S,JiTI of $_Q~.9____ 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 agreemen ts between the pa rt i e~', hereto, the Grantor. .,_
have granted, bargJined, sold, conveyed,
and confirlred and-by-fhese--~j-resents __9?..___ hereby qrant, ban]ain,
se 11, convey, and confi rrn unto th~~ sa i d Gran tee and its successors
and assigns the following rights and privileges forever:
1. A peqJetudl ea:-,('I1I('nt ,lnd t'iqht \)f \ridV for the purpose of
installing, operatin9, usinq. repairinq, n\plac;n~l, maintain-inC)
and remov i n9 a__"_~wa tgc,m!li!:L then~to upon and au'oss the above
described property of the Gr'antljl'S __ ' said easement and right of
way to consist of a strip of land________th.ir_t.y___UQ1.________"__"
feet in width being more particularly described as follows:
Beginning at the center of said Section 19; thence North 830 351 11"
West, a distance of 1767.22 feet to the true point of beginning which
is on the easterly boundary of Grafls Third Addition, 11 feet southerly
of the centerline of Graf Street; thence South 880 451 30" East, a
distance of 672.55 feet; thence South 000 22' 12" West, a distance of
144.32 feet to a point 15 feet northerly of the East-West quarter line;
thence South 880 45' 30" Eas t, 15 feet northerly of and para 11 e 1 to the
East-West quarter line, a distance of 547.27 feet to a point 15 feet
southwesterly of the boundary of Certificate of Survey No. 803; thence
South 430 231 10" East, 15 feet southwesterly and parallel to the
boundary of Certificate of Survey No. 803, a distance of 123.40 feet;
thence South 880 451 30" Eas t, a di stance of 21. 08 feet to a poi nt on
the boundary of Certificate of Survey No. 803~ as filed and of record
in the Office of the Clerk and Recorder, Gallatin County, Montana.
~
. ,
.
~
Fl~ ~()P~GE 856
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
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~
as 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 appur-
tenances of said land that may be disturbed by its op~ration
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 mny 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 wntpr mnin
in Auch manner as will not hinder or prevent the
proper cultivation of the tract through which this right of
way 1s hereby granted.
4. In the event that it shoddbecome 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.
.2-
~
. ,
.
fll" 8{)P!.GE e57
5.
The Grantor~ hereby cI"jvenants and agrees with the Grantee as follows:
l. That at no time will they build, construct, ~rect or ~~intain
any permanent structure over or above the said wa ter
main unless such structure is built, Constructed
and maintained in such a manner that it would not interfere
with the operation, use, repair, maintainence, replncement
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 Grantor2- or their successors and assigns.
3. That they have been lawfully seited of 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 partics 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.
-)-
. .
..
. 80P~GE ES8
filM IN WITNESS WHEREOF. The said parties of the first part have
hereunto set their hands and seals the day and year first above
writ ten.
~~~.
STATE OF MONTANA )
: S5
County of Gallatin)
,-U" ~ .
On this /I - day of ' 19~3>, before m . a notary
public in and-for-said Stat:, p so-n'allyappeared J!''''d-'-'--
...E. V~~~ {J!'-'b- known to me to be the personc:::--
Wh~ name4- ~ subscri bed to the
wit 'i n ins t.rument. ilnd"acknowl edged *fo-----niethat _-1:tuT----
executed the same.
.~."",. ,f'l~&------~'---'~
.',_............\":".; GO~, """
. .',. ..'...., <:..-? 0;
...... .' '. '; z:!;; / '
1" \~. 0:. ( J
I 0 \. '" ... ~ ./ .." .,.
,~,:,'~,:\..\,\JL \ \ /(~~<'_-::-;~~tp~J
~ ~ ~"r ~~ E 1 N tary Pub lC _ the
- :."':) 'Ct, ~ .: ~ Sta te of Mon tana
"'" "'~ ......;fi Residing at Bozeman. Montana
"'" ,:',. ,...........;..;-;:,.,~"..,.. My Commi 5S i on Expi res
. "'" I" ,..;; c #- ,~. ,."., ~AR!f PUBLIC fur ~"': ~1ltJ G1 ttla!ltalla
Jfl,~.j",J.,'~,~~\' :;~Inget~ ~~s:;n.tsn;
--. ",~ -'fa fl0~ 18.1.'
-4-
. , .
. #
>
flL~ eOn,Gt ES9
THE CITY OF BOZEMAN
if
,C/
8y;../ Z /~
ATTEST: ,',';!".
0
Corrmission
~JJ-1~~~ 0u - 5tL4,~
r ey ,
STATE OF MONTANA )
. 55
County of Gallatin )
On this 24th day of October . 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
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.
\ \ \ \' \ t tt u~ 'f"""
, C '"
" . Ii, '" #-~r-Q./L-
,\~ '.,.........."'I,.p ~,~, ~1 (7
".~,~ ~. N ~ .-- - - )
......' - \\)"7 ~ '111 ". <(. 'f._ ::s;::,~- J c.-J
. >f ',' ( . -:J.
. ~ .; ~ .;- . ..
. . ~
: r~ M )\'... : ::
" '~, o,f, .'~ { : :; Notary Public for the State of Montana
", u A...:..{"'),.,G.: ff
.... " ." Residing at Bozeman, Montana,':".>. p <--
~ , ~' -
\ t ~ ..,.;-
-", +.t ~~~::+.~ ........ My Commission Expires ..Lf-' \;) () . - d-
:':" ~.. ~ .4t,IIt'''~ .,,'~ "......
I- '. (;'.~ ,,'~'~~'''''' ...:.
';!t ~'Ij'tf I;" ~~; \ II. ,-\~,\:...,
-5-
. . .
I ."
.- .
"
BOZEMAN WATER IMPROVEMENTS - GROUP IV
EASEMENT DESCRIPTION
FROM ftl"l BOPWE 8~O
GENE GRAF
TO
CITY OF BOZEMAN
June 24, 1983
An easement for the installation of a water main located
in the Northwest 1/4 and Southwest 1/4, Section 19, Town-
ship 2 South, Range 6 East, Principal Meridian Montana,
City of Bozeman, Gallatin County, Montana, said easement
being 15 feet on each side of the following described
centerline:
Beginning at the center of said Section 19; thence North
830 35' 11" West, a distance of 1767.22 feet to the true
point of beginning which is on the easterly boundary of
Graf's Third AdditionJll feet southerly of the centerline
of Graf Street; thence South 880 45' 30" East, a distance
of 672.55 feet; thence South 000 22' 12" West, a distance
of 144.32 feet to a point 15 feet northerly of the East-
West quarter line; thence South 880 45' 30" East, 15 feet
northerly of and parallel to the East-West quarter line,
a distance of 547.27 feet to a point 15 feet southwesterly
of the boundary of Certificate of Survey No. 803; thence
South 430 23' 10" East, 15 feet southwesterly and parallel
to the boundary of Certificate of Survey No. 803, a dis-
tance of 123.40 feet; thence South 880 45' 30" East, a
distance of 21.08 feet to a point on the boundary of
Certificate of Survey No. 803.
..-' ~,~ -" '(, . T _'[,~ I -1-- "'jI' .../. ".- ,;/
, " ' '
. -,.--'. ~_._-,._. _,~_u_... --- .
:' f'
, . ' \"j
Z ,~ FILM 80 P!GE ect
\0 .
en \!) 4.
Cb \1) \.()
t: ,
I' ~ ~.
~" lI\ '~
) -JJ I ~
\J t~
>
=(.
I.
1', ~_~ C')
.' I...IJ '\ ',-
'1
'. in . ~ ''(
I ., N 1\ ~
''.> "-
'j '-'J ~C)
': '~
Ch ~ttl
\:t)
~ Q
V~o")": 4/ E {\ ~~
l -',,, I ~ ~ l~
- ~~
~ ,~
40\
. ~\ \).~
~
~ -,.~~-,----"'~' ...
~
. ~
I ---.-.....-.-.
I -----..--' ."..,.,.--
30'- :
<i\ ~\:) /5' P'
~ '\ I #00"22
-t,
. . . .".-
""l \:' ~-
rri ()~ ...-iii~:<!~z"'W" ..
.~- -- j-j 4.4::,11 T-
.. .__ ._.'r___ . ~--"'--- ..----. -" ..-. _..om ._..... ,_"._~ .,~ __no o _ ...-...... - .---..,.---- --- ,.._,-~,,_..,,' --,~----,.,,'_..' ,,,.._-,,... ..-.-".- .",.---~
\~ CS
~ ~~
10 ~~ ~
S2 .... ~
:;! ~:; ~
~ ~ ~
1\: C\ ~.
lJ. , ~ "'--'"
~; W ....5
~ C\
g.~ 0
p,
p r't
(t (1)
p..
(t
:1" r"t
~ ca :1
~1\! 1--'-
Ul
. 0
I\l t~ I
(D
" \0
, 0
I--'
~
Ll .(3 ,n p.,
v\ ,-0 .t.: PJ
~. .l{,' ~. 1--" ~'<
- \,;.. /'1' ~
N . I en 0
U).ik f:~, rf t-f,
. ~ \ I 11
t -' " \ 5
.0 "
.. IIII
t"\ I'D
I ;:J
rt' ..
~(()
n PI .......
o (I) ro
11 H :.;;)
Ij n.. ~" ;>;' .
en ~.,- Cl
\\ I-'PJ .
v~ ~ o C1l ::: ..
t'~ C1t1 Hd'l. c..
.,,~ '0:. () 1-'
;) ,,:~-' rt 1--'- '" t-4 1,0
~;:1lt. M 00
':]0 '" (0 0 :;tl I
~I" ~,;~.o!II. :l 0 ::Ill .
I~ {,~\ / 0''-: 11