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Home My WebLink About83- Linn Easement Ri!: C i't.y of 1\ Bo~~man -'0- filM State oj Mont., County' oJ GutJalin, ss Filer! for recor([ May 4 83 1:45P , 19_at I'vr. auf n'cDr(!"rf in 13()o!~ 76 o( ~ pane 21. "",,~Y-.lL "PRj!!(;LE Recorder EASEMENT AND RIGHT oIf' ""' ~~(J.1u",..Il/Il'P"'Y A ~'Ja ter Ma in 76'PAGE '55 IND~ED HATTED THIS AGRED~ENT, Made and entered into this 4 th d(lY 0 f April A. D. 19~, by and between Timothy Linn, a single person residin~ at 1307 S. Churc~__ par~ of the first part, hereinafter ca 11 ed the Grantor and THE CITY OF BOZEMAN) a muni ci pa 1 corpor- ation of the State-C;{ Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WIT N E SSE T H : WHEREAS, The Grantor is the legal record title owner of Parcel A of Certificate of Survey No. 201 WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a hli'lt-e m<'li and necessary appurtenances to serve various properties locate~ within the eastern" portion to the City of Bozeman and one or more such 1 i nes waul d run-across the Grantors land; and WHEREAS, The Grantee des i res to acqui re from the Grantor ___, and the Grantor is wi 11 ing to grant to the Grantee an ease- ment and right of waY-across the above described property of the Grantor__, and hi s heirs, executors, administrators, successors, and assigns, for the purpose of installing, operating, using, repair- ing, replacing, maintaining, and removing said ~.1ater:- . and appurtenances and for such other rights of access a~idental rights as are hereinafter described, all as hereinafter more particul- a rly provi ded. NOW, THEREFORE, in consideration of the sum of $ 0.00 and other cons i derat ions in hand paid by the City of Bozeman, th-e recei pt whereof is hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the Grantor___ h.a..a-, granted, bargained, sold, conveyed, and confi rrred andbY11iese presents oOPS hereby grant, ba rga in, 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 installing, operating, using, repairing, replacing, maintaining and removi ng a water main thereto upon and across the above described property of the Grantor , said easement and right of way to consist of a strip of land--- 30' feet in width being more particularly described as follows: Said easement is located in Parcel A of Certificate of Survey No. 201. Parcel A, Certificate of Survey No. ?01: Said easement is 20 feet in width alon~ the northerly boundary of Parcel A, Certificate of Survey No, 201 along with a construction easement 10 feet in width on the south side of the above ease~ent. The permanent easement is described ab beginninq at the northwest corner of said Parcel A, thence North 89 11'5" East alonq the north boundary of said Tract A a distance of 129.00 feet. The per~anent and temporary construction easements fall within the 30' access easement shown on C,O.S. 201. l:. \ "':4 \ FILM 76 PAGE 56 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 operation in a condition equal to 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 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 Ruch 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 shodd become 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- ,...."'"'\ 5. filM 76 P4GE 57 The Grantor hereby c,",venants 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 water main unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainence, replacement and removal of suid 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, 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, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. In addition to the above: 4. The City will have the easement seeded back to the owner's specifications as soon after construction as weather permits. 5. A 3/4 inch residential tap will be provided for said parcel A at no cost to the landowner as a consideration of this easement. Connections to the residence will be at the option of the owner at the normal installation fee not to include tap charges. -3- " 1IiIII..'........._.. __,....._...._..,.. .~.........n,.~~ ..,.....,." ..,.u..'_.n'~'. ..... , r' ~ rlL~ 76 PAGE 58 IN WITNESS WIlEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written, \'~-~ -_.,-",},-'::.._-:::.'..!:!4-,.a....:>.::. .,~,:,yt.../ TIMOTHY LINN A Single Person Residing at 1307 South Church Avenue _----Bozeman a ,ML--5..9715 STATE OF MONTANA ) . ss Co un ty 0 f Ga 11 at in) On this . 1'1"~ day of _4~..0....L_ 19.1'3 , before me, a notary pub 1 ic in and~sai d State, personally appeared . . T.~ /"1 co+< 1 J...... "N_~ _ known to me to b~ the person-r Wllose naMe _ _ ___12-_______ subscn bed to the within instrument, and aCknowledged to me that _~~__________ executed the same. -_..._------_.----_......~--.. \\\"""""'" '. \,\\\ ' l,/ ,,',"'~\\~~" ,q 0,;"',., .:.::,:.-, <t:,........, . r , . ~ ... ,"'::0 .........~ . ~~ ,~. ,..~ j, of t t" ~ , ...... 't'i.) ,,' ,:; ': {rls~' ~ .~ ~., ~ ~' b ~ ~ l :' .-:,. "", " "', ......: -., 1I..~'~:'~.'\'~:., ...'t. ~ 'L~ ., ~~.. '.~..,,'''1b.........'''\. , " \~,' ~,. ....u..~.~'\'f,"Ii:~_~,"Il.. 'I, C' O'=' ..." ,,-, I.., I r IT< ,L. 1f~.P~Ti7~ State of Montana Residing at Bozeman, Montana 11y Commission Expires NlJi'AlW rtmuc 1m' flit StJ~ of ~_ -,- 'ftlddlll!1 allhl.'llwl1, 1"li1"!ffnr~- r,~efin1llli3slml el(p1ll!llWl!1~1 15. iSM t -4- ...... ....) frlH 76 P4GE 59 TlIE CITY OF l)OZEHAN Gy: " ATTEST: ~' Ji;!2" ,.' 1"',1 ", ~, ' '" , ",!'J t 'J, t., ,'-"!l, () . ,... v,." \ Rl n' Lt-oi van" - .._-~- C,?- * O!$'heJ~tst',CO"'"i 55 ion '\" 188"}' , APPROVS'S~."'" .' /]J} Oy,,~~~ ~I.v{~ k6tUJ f--- Ci ty Arney '-...>. STATE OF MONTMA 5,' ., County of Gallatin On this ____1.t~_,day of ____Ap!:'jl___.__,__.,.___, 19~;?_, befo\'(o me, the undersiqned a Notary Put)lic for' the State of Hontana, personally, appf'arC'd Alfred M. Stiff and Robin L. Sullivan. known to me to be the ~1ayor and Clerk of the City Commission respective1y, of the: City of Ilozcfllan, \'/hos(~ names are subscribed to the vJitll"in instrumc~nt and acknowlrdqrd to me that they Cx(:cutec1 the Safll(~ for and on behJlf of said City. IN WITNESS WHEREOF, I have hereunto set illY hand and affixed my Notarial Seal on the day and year in this Certificate first above written. \~I.~ ,Ill tl ut, il11 .,,1,\ '- C ,if'/I., :\ "" '" . J..) ~ .",,~ " \ \,i r ..,'" ".: "V :::. ~,_ ",,,. ,,' "', ,}......... .;.' """ tiI"''''' I .~ ~nw> ~ .: ,.......... '\\" \ 1 ~ / I '. ~ :; :: :' ,iw ""',,,1 "''';'J':: I; . ~\ "~:; : = l-t ," .\~ ;. '; ... . ".Cc' . ;:; :.L.::.., }.,.., . ~ 6.: ,'....A.":-J,,," ~ rt' '. ,', 1. ;. " .,' .,' ~ -<(... ", .' ~.,. " '"'' 'c:- ....*..... f"\- ,..:.' "'" tt'r- ~'C~ ,., f/"~h"f. .,ll1~' \ ,\\.'.... ~-~ ~--~ Notary Public for the State of Montana Residing at Gozeman, MontJna My Cammi S5 i on Expi res ___1:.:~~_~~_~__ -5- ...... I --..,...... .lo.,. . . " ." fiLM 76, PAGE 6111,1 ~ \,) '" 2 I. ~ ," ~ ---I -.....;" ..""1 '- .. ,-...:( " 76 PAGE 60 \ filM . , - \i~ Vj llJ '1 ~~ L/lND OWN5R-- MA/ ~ k Vi --'~,::}:~~~~-Y ~=-_-:.:~~~ L)q~~~,_ ~44~ PLAT 11.2.5' .249,5)' FIELD 1/.,dCl' .248. 55' SOUTH ?:b 0' '10 - 0'771 ., ~~;::~.".,.,.- ;\; L, .".-, w 6 u.. o /30(J/'~- PARC[L ;.-;" __M' ,2 9., 8/4,75 SF 0,684AC 'oS' ~ ~ Ct) ~ \J \J IJ..C\ ~~ ~~ SO'OJ'03'E ,.-- .I.;,. /7/628' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ f...: C( ~ I-..CJ '\N r;J ~ :' I., ~, \)r'r) ,~ ~(',.; '~ "\ f\.~ \ ;\l ~ ~~ ,,~ ~ \J 0\' Q;)~ ~'< 1(, "- ~ ~ ~ ~ 1k. 'i\ ~ct X< ~~ ~ k. I-:: i'J ~ en :\J 0l ~~~ \J [\'~<J~ ~~~~ C'r) rl') ~ }-:: O\O'\C)V) I'\."f\. \.J ~ ' ~ ~ \J Cf\ \J ~ "() ,,,,'" PARCEL '8" /?;? 485,97 S r , 3:3&>O/le, ~ \) \) ; ~ ~ \)'-0 ~ . \) \}. k.,~ C( . V')~ 0\'\.0\ <Iv t..J <:rJ ~ "1 Vj 4.J LEb~ND P~RCEL > AOJOIN// -'------ ~ASEMl -,,--- - _u..~ CE/iTERL ----'-.-- CEI'ITERL, . 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