HomeMy WebLinkAbout82- Nash Easement
THIS AGr-<EEI-jEiH, i.lade! und enterod into this
16th day of
City of Bozeman ~~TT~5Y-~\' fOL~ 72p.AGE, 652
t
r...
state of Mont., County of Gallatin. ss Filed for record Oct 6 ,'-9 82
at 10: L~O ~., and recorded in Book 72 _of MISCELLANEOUS page-222
, .fAltilt, u. B\.~~& _Aecord~r. BY~~,~ ~~Deo"t\
EASEMENT AND RIGHT OF WAY AGREEMENT FOR
A WATER ~1AIN
___SeP:tgm9_EU'______ A. D. 198f_._' by and between ~~s~.-__.?_q_~.!::._douj~_
Partnership
pJ.rt,'L_ of the first part, hereinJfU~r
called the Gr'<:H1torS .. and THE CITY OF BOZEMAN, a municipal corpor-"
ation of the StatE,,-'-o-f Montana, in Gallatin County, the party of
the second part, hereinafter called the Grantee.
WIT N E SSE T H :
\mEf~EAS, The Grantor s
__ are the legal record title owner of
t h e".~~_~_~_~o.~, t.1 0 n_o..!__!~_~._?_~_:~~~__~.~.~_~.j.9.!l_j2_._~~~_'__E_S_~__t:!_~.~_'_~-=---____
WHEREAS, The Grantee, in the exercise of its power and authority
as a municipality of the State of Montana, proposes to construct and
install il water main . . and necessary appurtenances to serve
various prc)pe-y-fiesfo'l::ci-f(;-cTwHTiin the main portion to the
Ci ty of GOleInan and one or f!!l.)r'e such l1nes woul d~ru-rl-across the
Gr'ilntors 1 and; ilnd
WHEkEAS, Th e Gran ti'.:.' des'j n~s to acqui re from the Grantors
and the Grantors are willing to grant to the Grantee an case-
ment and ri gh t 0-( waj''d-cr;os5 the above descri bed property of the
Grantor.5.__' cllid .the.ir-- heir's, executors, administrators, successors,
and assigns, for the purpose of install'ing, operating, us.ing, repair-
ing, replacing, maintaining, and removing said water maln
ilnd appudenanccs and for such other ri ghts of access --a-rldTncicfC'il-fa 1
r'ights as are hereinJfter described, all as hereinafter more particul-
arly provided.
NOW, THEREFORE, in consideration of the sum of $ x x and
other considerations in hand paid by the City of Bozeman, tfle receipt
whereof is hereby acknowledged, and in further consideration of the
covenants and agreements between the parti es hereto, the Grantor's
have d.' ........ '.U granted, bargained, sold, conveycd~'--
andCon-ffr1r;e"d' ~lrl'd"b:Y---fh'e's-e-'-p-re-sents do hereby gran t, ba rga in,
se 11, convey, and conti rm unto the s"a i d G-rantee 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 abov(~
described pt'oper-t"Y'"~6r-~t11-e'- Gr-anto-rs ,said easement and riCJht of
way to cons i s t of a stri p of 1 and~i:S~ fee.t
feet in width being more particularly described as folTows:-----
The easement is located in the East ~ Southeast ~, Section 6,
Township 3 South, Range 6 East, Principal Meridian Montana,
Gallatin County, Montana. Said easement to consist of a strip
of land fifteen feet in width lying adjacent to and parallel
to the existing 1957 easement for the 18 inch concrete water
main. Said easement being 7.5 feet on each side of the following
described centerline:
Beginning at a point on the north line of the Southeast ~
of said Section 6, which point is westerly of the East ~ corner
of said Section 6, a distance of 833.0 feet; thence South 020
40' 22" West, parallel to the existing easement and pipeline, a
distance of 2408.9 feet to a point on the northerly boundary of
that tract of land located in the Southwest corner of the South-
east ~ Southeast ~ of said Section 6, owned by the City of
Bozeman.
filM 72 PAGE 653
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 such 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.
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5.
filM
72 P4GE 654
The Grantor s hereby c~venants and agrees with the Grantee as f01lows:
1. That at no time will they build, construct, ~rect or n~intain
any permanent structure nver or above the said water main
easement unless such structure is built, constructed
and maintained in such a manner that it w(')uld not interfere
with the operation, use. repair. maintaincnce, 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 GrantorJL or their successors and aS8igns.
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.
As consideration for the granting of this easement, the Grantee
will, upon completion of the 30 inch water main, release the easement
held for the 18 inch clay tile water main. Said easement is more
particularly described as follows:
The easement is located in the East ~ Southeast ~, Section 6,
Township 3 South, Range 6 East, Principal Meridian Montana, Gallatin
County, Montana. Said easement to consist of a strip of land fifteen
feet in width lying adjacent to and parallel to the existing 1957
easement for the 18 inch concrete water main, Said easement being
7.5 feet on each side of the following described centerline:
Beginning at a point on the north line of the Southeast ~ of
said Section 6, which point is westerly of the East ~ corner of said
Section 6, a distance of 878.0 feet; thence South 020 40' 22" West,
parallel to the existing easement and pipeline, a distance of 2409.9
feet to a point on the northerly boundary of that tract of land
located in the Southwest corner of the Southeast ~ Southeast ~ of
said Section 6, owned by the City of Bozeman,
In addition, the Grantee does hereby grant to the Grantor a
60 foot access easement acrosS the north edge of the Grantee's
property more particularly described as follows:
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filM 72pI.GE 655
\.
EASEMENT DESCRIPTION
for
Access Across North End of "Bozeman Water Works Tract No.1,"
which is filed in Book 97, Page 625 of the
Gallatin County Clerk and Recorder's Records
The easement is 10cated in the Southeast ]./4, Section 6,
Township 3 South, Range 6 East, Principal Meridian Montana,
Gallatin County, Montana, said easement is to be 60 feet in
width.
Beginning at the north one-sixteenth corner of said south-
east one-quarteri thence South 000 17' 47" West, a distance of
1818.82 feet to the northwest corner of "Bozeman Water Works
Tract No.1"; thence North 890 24' 42" East, along the northerly
boundary of "Bozeman Water ~'Jorks Tract No.1", a distance of
241.60 feet; thence South 260 43' 53" East, along the boundary
of "Bozeman Water 'i'lorks Tract No.1", a distance of 66.84 feet;
thence South 890 24' 42" West, a distance of 272.35 feet to a
point on the westerly boundary of "Bozeman Water Works Tract
No.1"; thence North 000 39' 15" East, along the westerly bound-
ary of "Bozeman Water Works Tract No.1", a distance of 60.01
feet to the point of beginning.
3A
fltH 72 PAGE 656
IN WITNESS WHEREOF, the said parties of the first part have hereunto
set their hands and seals the day and year first above written.
~OJtclt' f (~L
GE E C 0
For Nash-Sourdough Partnership
~~~~~
D N HENDERS N
or Nash-Sourdough Partnershlp
)
County of Gallatin )
On this Ita"1~ day of S~Rte""1h-er , 1982, ~fore me,
a notar public ~n ~ for s/tid Sta~, personally appeared C:r-C?_AJE:-
J.J ..l ...,; tf-.e -.J J( -e vs. .. .J
e t e persons w ose names are su scrlbe to the wlthln
acknowledged to me that they executed the same.
STATE OF ~1ONTANA
ss
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N tary Public f he
State of Monta //
Residing at Bozeman, Montana
My Commission Expires
~OTARY PU8Ur' h tJI~ State !If IIoIQII
Residing at Boz.,"".!, iI10ntala
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FilM 72 PAGE 657
IN WITNESS WHEREOF, the said parties of the first part have hereunto
set their hands and seals the day'and year first above written.
M?a~: ~ALS~'7 /;1//,,2~/ .
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ErffE JEAN NASH
STATE OF
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County
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rl~ 72"AGf 658
EASEr-1ENT FOR NEVi 30" i1ATEH !"1j\HJ
CITY OF BOZEMAN
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e Existinq 18" clay tile water main to be abondoned
upon completion of new 30" line S2040'22"W
e 1957 Easement S 2040'22" W
2409.9'
2409.38'
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_.~--- e Requested easement for new 30" steel 1 ine
S 2040'22" t~ 2408.9~
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fiLM 72 PAGE 659
THE CITY OF BOZEMAN
/ ./ j
By~~2f;~
ATTEST:
APPROVED:
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"Rotnn Sullivan
Cl erk of the City.,c 1i ss i on
STATE OF MONTANA
S5
Coun~y of Gallatin
On thi S _Zltb__day of
September_~__, 19_8L, 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 ~1Jyor Jnd 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 \~ITNESS WHEREOF, I have hereunto set my hand and affixed
my NotariJl SeJl on the day and year in this Cr~rtificate first above
wY'i tten.
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~c~d!$J (? ~~~)
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires ...bBri1_~O, 1985
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