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HomeMy WebLinkAbout82- Nash Easement (2) . C'ity of Bozeman IND_X fLATft:;- FILM 72 PAGE 646 102452 ;:';tate of Mont.. County of Gallatin. 55 Filod for record Oc t 6 , ,"1"9 82 at lO~~~~~. 8~\~~.rd~~__~nR:::~~er. 7~~._.I._SCC~~~g~ EASEMENT AND RIGHT OF~-~E~ME~T FOR WATER MAIN INSTALLATION THIS AGREEMENT" [.1acie and entered into this_m_?}_~~_ day of September A.D. 1982 . by and between HELEN A. NASH part.Y~_ of the first part, hereinafter called the Grantor and THE CITY OF BOZEMAN, a municipal corpor- ation of the State-of 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 NE\, Section 6, R6E, T3S 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 water main and necessary appurtenances to serve various properties locate-d~~~~ south of ~~~ the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS, The Grantee desires to acquire from the Grantor , and the Grantor , is wi 11 i ng to grant to the Grantee an ease- ment and right of way-ac:ross the above described property of the Grantor , and her heirs, executors, administrators, successors, and assigns, for-the p-urpose of installing, operating, using, repair- ing, replacing, maintaining, and removing said water main and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particul- arly provi ded. NOW, THEREFORE, in consideration of the sum of $2.600.00and other considerations 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 Grantor has granted. bargained, sold. conveye~ and confirmed and by these presents does 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 installing, operating, using. repairing, replacing, maintaining and removing 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--- thirty (30) feet in width being more particulirly described as follows: The west half of Sourdough Road lying in the NE~, Section 6, R6E, T3S, MPM, and the east 870 feet of the north half of Nash Road lying in said Section 6 extending from the E~ corner westward, more particularly described as; Beginning at the NE corner, Section 6, R6E, T3S, MPM, Gallatin County, Montana, and extending south to the E~ corner of said Section 6, thence extending west along the quarter section line some 870 feet. thence north 30 feet, thence easterly paralleling the quarter section line a distance of 840 feet, thence northerly paralleling the east line of said Section 6 to the north line of said Section 6, thence easterly 30 feet to the point of beginning. FILM 72 PAGE 647 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 foll()ws: 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 shadd 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 72 PAGE 648 The Grantor hereby cavenants 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 said 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, admini8tr~ors. successor and assigns of th~ Grantore Clnd upou th. BUCceJ;lOor,Q and assigns of th~ Grantee. -3~ County of Gallatin On this ,.:J/sp day OfJ~~ , 1982, before me, ntH 72 ~A(jE 649 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__ / )/, I' / ,- /1 j~ ft(C(~-Vv- C/- /' / (~/.l" L , STATE OF MONTANA ss. a notary public in and for said State, personally appeared ~ Q. Yl~ , known to me to be the person whose name ~ subscribed to the within instrument, and acknowledged to me tha~ executed the same. -, .... ~c2.~_ Notary Public for State of Montana Residing at Bozeman, Montana ~-S ~ly Commission expires: Lt .d" . ,\,\\~ i i,; \ ~ l' trl., !J/~ " ~ ". t I "/ / ".,.,:';.;": /_,.1..;/; . ......., )'\ ".1' ~, ~ . ~,,~.; "'........ ,# ....... . '-.......t. ".'" ~ . I \;,:'~ '~4--;:" % ~..' 'I:' . .~ ""-A,,IJ /~" .... .::.,"r' .~- _'. ".~"t"".",:'\~' ,....,;~ - ....- \,r\:\' ~.' I '.' \ -I..~ ' .' \," "";' Gy:,d~ , Mayot fILM 72 PAGE 650 THE CITY OF BOZEMAN ; ATTEST: ~~-- Rohin Sullivan ~_ Cl erk of the Ci-F,\;-tOlllllli 55 i on APPROVED: my~-- STATE OF MONTANA 5S County of Gallatin On th i s ]~t~_day of September , 19.82, before me, the undersigned a Notary Public for the State of t10ntana, IH-:rsonally, appea I-ed Alfred M. Stiff and Robin L. Sullivan known to me to be the ~1,]yor and Clerk of the City Conuniss'ion respectively, of thf:' City of Gozeman, whose names are suhscribed to the within instrument and acknowled~Jed to me that they executed the same for and on bohal f of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed n~ Notarial Seal on the day and year in this Certificate first above wri tten. 11\ :"'il/; . r' 'r ~'I I.. \"... //, '~/~" ? ;,'" , . , ~ ;~.\-:, ~:: ,""\..... t!' '"'I .. ,. " ' t, ' l;, '., (.:;. " .. '. ,',' '"" /~ . , , "-,' ....~ ,,~ .,. " "'c' ~~, : _ . ,......cA .\;~ ~t ~t ~-t,~) (~ d/L/2JV) .. Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires ~PE_il 30, 1985 .....,.......... ... ~ ~..... .",,,,.'~ ...,~. ""'" '7 ~ 1 ...... -5- z <::> . 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