Loading...
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