HomeMy WebLinkAbout72- Visocan Easement
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EASEMENT AND RIGHT OF WAY AGREEMENT FOR
6" WATER MAIN EASEMENT
THIS ACREEMENT, Made and entered into this 6th day of December
A. D. 197~, by and between ALLEN J. AND MILDRED
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E. VISOCAN~ husband and wife. 805 West Villard - Bozeman
parties of the first part, hereinafter called the GrantorS and
THE CITY OF BOZEMAN, a municipal corporation of the State of Montana,
in Gallatin County, the party of the second part, hereinafter called
the Grantee.
WIT N E SSE T H :
HHEREAS, The Grantor s_ are the legal record title owner~
of portions of ~ Tracts 13 and 14, Durston Subdivision
to the City of Bozeman, Montana more_particularly described below.
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 6" watermain necessary appurtenances
to serve various properties located within the northwest
portion 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 ~_ are willing to grant to the Grantee an easement and right
of way across the above described property of the Grantor~ ' and their
heirs, executors, administrators, successors and assigns, for the purpo$e
of installing, operating, using, repairing, replacing, maintaining, and
removing said 6" watermain and appurtenances and for
such other rights--of access and incidenEal -'rights as are hereinafter
described, all as hereinafter more particularly provided.
Not.J", THEREFORE, in consideration of the sum of $~ 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 agreements between the parties hereto, the Grantor s have
granted, bargained sold, conveyed, and confirmed" and by these presents
~___ hereby grant, bargain, sell, convey, and confirm unto the said
Grantee and its successors and assigns the following rights and privi-
leges forever:
1. A perpetual easement and right of way for the purpose of install-
ing, operating, using, repairing, replacing, maintaining and removing a
6" watermain thereto upon and across the above
described property of the GrantorlL-' said easement and right of way to
consist of a strip of land twenty (20) feet in width lying
and being more particularly de~cribed as ~ollows:
Beginning at the southeast corner of Tract 13 of the Durston Subdivision
in the northwest one quarter of the northeast one quarter of Section 12
Township Two South, Range Five East of M.P.M. in Gallatin County, Montana;
thence South 89~ 14' West a distance of thirty one (31.0) feet to the
true point of beginning; thence North 10 21' West a distance of seventy
five and fourteen hundredths (75.14) feet; thence north 460 20' West a
distance of thirty two (32.) feet; thence north l~ 20' West a distance
of seven hundred sixty eight and thirty two hundredths (768.32) feet
to the southerly line of Durston Road; thence north 890 46' West along
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said southerly line of Durston Road a distance of twenty (20.0) feet;
thence south 10 20' East a distance of seven hundred seventy seven
and three hundredths (777.03) feet; thence South 460 20' East a
distance of thirty two (32.0) feet; thence South 10 20' East a dis-
tance of sixty six and eighty six hundredths (66.86) feet; to the
northerly line of West Villard Street; thence North 890 14' East
along said northerly line of Villard Street a distance of twenty
(20.0) feet to the true point of beginning. Contained within the above
described exterior boundaries are 17,513.50 sq. ft. or .402 acres.
2. The perpetual right of ingress and egress to and from said
tract of land at all resonable times for the purpose of installing,
operating, using, repairing, replacing and maintaining said 6"
watermain 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:
l. That, in connection with the installing, operating,
using, repairing, replacing, maintaining and removing
of said sanitary sewer pipe line it will replace, at
its sole expense, all existing fences, ditches and other
appurtenances 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 which-
ever is less, and stockpile said topsoil away from the
site any large rocks or surplus excavated material or
any kind of the site any large rocks or surplus excavated
material or any kind of debris that may have been ex-
posed by the excavation and remaining after backfilling
is completed and will leave the finished surface in
substantially 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 6" watermain
pipeline 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 should become necessary for
the Grantee to re-enter the Grantors premises for the
purpose of repairing, replacing, maintaining or remov-
ing said utility lines the Grantee will reimburse the
Grantors for any actual damage done to the Grantors
premises or crops.
5.
The Grantees hereby covenants and agrees with the Grantee as follows:
l. That at no time will they build, construct, erect
or maintain any permanent structure over or above the
said utility lines unless such structure is built, con-
structed and maintained in such a manner that it would
not interfere with the operation, use, repair, mainten-
ance, replacement and removal of said utility lines.
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2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by
the Granter or its 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, administra-
tors, 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.
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IN WITNESS WHEREOF. The said parties of the first part have here-
unto set their handa and seals the day and year first above written.
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STATE OF MONTANA )
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County of Gallatin )
On this j..:Vf day of j)(O(! 197:L...-; before me. a notary
public in and ~or said State. personally appeared ;)11(',1 .-T. VdO'Cfil\
/))J /;/ U({ 1: VJ~",',-~known to me to be t" person_ whose name~
subscribed to the within instrument. and acknowledged to me that
7 h.../ executed the same.
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: ..... :. . .. : Residing at Bozeman. Montana
: .... . .V. .... . My Commission Expires f -I () 198
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flU" 17 r~,GE 5
THE CITY OF BOZEMAN
By:
ATTEST:
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Clerk of the CLty Commission
APPROVED;
M Attorney
STATE OF MONTANA )
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County of Gallatin )
On this 6th day of November 1972, before me,
the undersigned a Notary Public for the State of Montana, personally
appeared William Grabow and Erna V. Harding, 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 here~t set my hand and affixed my
No~arial Seal on the day and year in/th'scertific..ate7 f'r t above
wr1.tten. . \
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.;.:' "\!-. .'. ':.'i ry Public for th State of
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Rt: City of Bozeman
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7 4 1 1 5 11/15/1972
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