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Home My WebLink About82- Schaplow Easement I~!D::XFD '" ...- . i LAH .:;) )G 101510 State of Mont" County of Gallatin, S5 Filed for record ~prtE:'mber S . 1982 at 8: 15, A M" an~ recorded in Book 71 of 7. . MISCELLANEJ2U~ p.age~5 l.'.~(f. a:. BVdql& Recorder. By (:.adm,;l'r, V~t' EASEMfNT AN~ RIGHT OF WAY AGREfM~NT lOR Rt~.~ity of Bozeman > Fee: -'0 .' nu~ 71 PAGE 1705 WATER MAIN INSTALLATION THIS AGf<EU1Hi:', riil,1!.::: (l'1(1 ent.er'!:>!: into thi'; 23rcL_ day of _u_'~,1.!-B_~~~__ _ ,r-.., 1.; n /82 , hy dnd betw'~en _ f.'1jJ.tQQ_L_,~_____ __EE!~~x~_e,~p~~~ ~~b9P~owpartie~ of the first rart, hereinafter called the Gr'antor s and THE CITY OF BOZEMAN, a municipal corpor- ation of the Stalp of MontanJ. in Gallatin County, the party of the second pllr't, IH,reinaftel' called the Grantee. W I 1 N E SSE T H WHEREAS, The Gl'ant.or $_ _Qr.~_, the legal record title owner of NW~ of Section 5 R6E T3S ____ ~_____,__ ._._ ,_ - ._._.__ " _,..,___ __________-'_._'._n_ } ,_,_,_ . _'~_ __'. WHEREAS, The Grantee, 1n the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a a water main. . and necessary appurtenances to serve va ri ous prop"e r.t:T(~-s-'Toca.te.d- x-MmM)t1(mtKX south of . ~)O(tot~ the Ci ty of Bozeman and onC' Qt' tIlor'e such l(n-e~s--wo-uTdn-run--dcross the Grantors land; and yJHEREAS, The Gy'antet' des i res to acqui re from the Grantor 5 , and the Grantor s , are wi 11 ing to grant to the Gr'antee an ease- ment and right '6T way' "a~c-ross the above described property of the Grantors, and their heir's, executors, administy'ators, successors. and assigns, for-TFle--purpose of installing, operating, using, repair-- ing, replacinq, maintaining, and removinq said water main and appurtenances and for such other rights of a-cc'cs-:c~and--rnc--rden-tal rights as are Ilcreinilfter' described, all CIS hereinafter more particul- a rly provi ded. NOW, THEREFORE, in consideration of the sum of $LJ'd.?t?t?and other considerations in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledgrd, and in further consideration of the covenants and agr'p.l~fllf'nt.<, between the parties hereto, the Grantors have granted, bargained, sold, conveyed;- -and c()nTlriJi.-d'-~-n(fFy fhese rresents do hereby grant, bargain, :,e 11, convey, and confi r'm unto the saTd--Gr:antee and its successor's 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 properTi/-'o-f-uUle-1rrantor ,said easement and right of way to consist of a st.rip of land--~-~~~tJ.!ir:tLl~_Q)______,____.._,__ feet in width being more particularly described as follows: The East thirty feet of Sourdough Road in the NW~ of Section 5, R6E, 135, r~Pt1, Gallatin County more particularly described as: Beginning at the west quarter corner of said Section 5, thence north along the section line to a point 247 feet more or less south of the northwest corner of said Section 5, thence thirty feet east, thence southerly parallel to the west line of said Section 5 to the quarter section line, thence thirty feet west to the point of beginning. ~ , I .. fiLM 71 P^GE 1706 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 8ssigns: 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___ 6S 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 8 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 depression. after final settlement has taken place. J. To operate. use and maintain said water main In Auch 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 - " fILM 71 PAGE 1707 5. The Grantor hereby covenants 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 her successors and assigns. 3. That they have been lawfully seized of said premises; that they have good right and lawful authority to sell the Bame 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, adlDinilltrlrtors.. successor and assigns of th~ Grantors and upOQ tha "UCCe~60rJJ and assigns of th~ Granteo. ~3~ filM 71'41;f1708 ... IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written, STATE OF MONTANA )Jld~5d:~~ 0fJtfU)~4~.<~ ss County of Gallatin On this ~.j~day of ~ 1982., before me, a notary public in and for said State, personally appeared ~:.e.~ .:1-. ~..1n..)~ Il't'fr d t..Jwf~_ J..h~ known to me to be the person whose name ~/are subscribed to the within instrument, and acknowledged to me--that ~ executed the same, .,\,\l1tt. < l.,~,. ., "..."" '", Ii ~:. _ ~ 1" I) "':)1,. ,:<:~? -"~ ,- j ..::~. ;~'\- . "" . '.', . . '. ,..0(\ -;;.\ .'.o ,..1. - ",'~'~l -. r" ......' " .' ~ i , ...::: ""t ~., f ': .s- ',- ,.. _') .'.,....<.,.\... i ~'. ~.~ \ ,.,~ .., . ;~~ " ..f , ..~l" '. "'.y"'" . .' .~. t,:"",.....::\)<. ,.....",. . c{"}.: :j .~ .'~ . ',' I 'j ...' ' I ! ! ; j ~ I ~ \' \'~ . ~(!.~ Nota ry Pub 1 i c for the State of t~ontana Residing at Bozeman, Montana My Commission Expires ~~ ~O/ /9tf~ .. ; " .. ') ATTEST' ~;,c..,.;,...;' .' .... '""'::" """. :..,;:'':.r.. .," >.:~-?"...t>'".,:, ~~.J.",1,,\ <=IP.~)lr ('" "'-'. J J \'-"-::r"~ . ....... "\,". . >.' <) cA / "'5\",- .', ) L t~ ,I. ~ .' ~ ,I.: ,"I ,;:, . . _' 'C..1 !O...._":'" .,.... . .____, _____ r~ol\'irhSullTvan ' :-}" . Cle'fk~oT'-fhe Ci t~.ConDlli 55 ion ~ '~'~..~'~.\, r.,~", ,~." APPROVE[};~, (~;. . ;:-:. .-..... - /' 1 j~ ?! b:Jj~::~/!r" ._.~- ttorney STATE OF ~10NTMJA ss County of Gallatin f1kM 71 rAO~ 1709 TilE CITY OF BOZEMAN -,/ ,./' ..- /- / ~/ " <..., /) " ~ ./? .1>",.;/ ..,./ V /',.,". ,/ ..." .,/,. [3y .:L;;t(~ ~ ,/{!>'. '/ layol' v ,/ On t.hi"}9~~,day of ____._~.~us~_. , 19..~,~, hefore IIlC, the Ulldrr<;iuncd it Notary Public for the State of Mont,lthl, personally, appeill'(~d ____,,_~1fI~c;L.tl.1._:;;t.!iLan~Robin _1.~_~lliyan known to me to be thA Mayor and Clerk of the City Conulission respectively. of the City of nUzemiln, \'/hosc names Jrc suhscribed to the within instrument and acknOl-Jlpducd to me thilt thcy executed the 5 ,1 111 f' for and on behCll f of said City, IN l-iITNESS lmEREOF. I hJve hereunto set my hand and affixed my Notarial Sral on the day and yeJr in this CertificJte first above \-witten. ", 'ill;.':fi; IIF'.,. .,;','\ (' . 1.1; :,' boo .! ~ j/ ~ . "'"." , '..,lto;~ <<. ~...... ~ . ~ . ~. ~..:.,:., \~. r -I'. ,I. 'I.' - ;~ .:' ;: ~) ~ ~,., ~, . .' ^;. , :0, : art: ~. .~. . ,-, .;.) l~. 1J. ' :,: '.. ,-",,),;,. ': ~ .' "~ , .' {,.1" .. .,. ~JCl\... ..9 ;. -'~~. .., ..' 11'.......... .A t-.," ,. . '. l)r ",..~',' '.' "';')i%,,,,(~ta:ry Seal) ;;../ , ;1 ---.., /} rJ < 'J2; ,t) {/}<-AA. ,:1:,.0 (!,. /'-rJ-<A----L1 C rlotJry Public for the State of Montana Residing at Bozeman, Montana My COllll11ission Expires .~l2.1:}1 30l..._~985 '_ -5- P^ l ('."' 1\\0'" /., l".... ,_ t L' \" ,.J ..... Z ~ 0 D 0{ o ct' I / (~ \~ \~ \~ , t I \: __d__ ~ -- --~--J r:i ------- ;; I uJ g I ~ ~ / : / / I :1 I :1 I ... 71 PAGE 1710 FILM CJ) w cr:Zu> 0--1>- lL. <t w3: t-Q..:I: z-l!> wo...- ~ I WO:)- (f)W <1:............ W<tZ ~::> o >-ZO <t<{ ~~Z , u...W- ONt- '0<( '-'cn-.J :I: ...J c>lL.<[ a:OC> >- t- t.J 1: " ::l o o 0::: :J o 1/'11 I l ' \ , 32. T 2 S ---~ ----- T 3 5 \,tI ..sJ " .. :,--.-:.1.'67.' . 5 -:,: 10',' n<::,:~ 1/ t4J / ~~ / If) ~ / ,z?: .~~ / ,1\.e-' ( L~~ ; I .a.0 Q.t? I NO 2;-, -.. I 7.'1,<)' P A\< C-tl COUNT Y ROI\O NO, 5<,) 8bU.b'- ~ . . --, ~.o'