Loading...
HomeMy WebLinkAbout58- Warwood Easement , . . . . ~ . -, ,- . , i" .~ i .. .",,' ; I 18 ~~fIGE142 ,~.'(! ;:~ EASEMENT AND RIGHT OF WAY AGREEMENT This Agreement, made and. entered into this l4th day of Nay Jq C;~ 7 by and between LILLIE M. WARWOOD, a widow of Bozeman, Gallatin County, Montana, party of the first part, hereinafter called the Grantor, 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 S S. E T H WHEREAS, by Ordinance No. 804 passed and adopted by the City of Bozeman on April 9, 1958, the said City of Bozeman vacated McAdow Avenue from East Main Street to East Babcock Street, a portion of which street as previously existing ran through the property of the Grantor: and WHEREAS, by virtue of said vacation, title to that portion of MCAdow Avenue upon which the Grantor's property abuts reverts -;.. .~. ~. to her as a matter of law; and WHEREAS, there are presently in place in said portion of said McAdow Avenue certain water mains, sanitary sewers and storm sewers owned and operated by the City of Bozeman: and WHEREAS, it was an express condition of the vacation of said McAdow Avenue as set forth in said Ordinance No. 804 that the abutting property owner, or owners, to whom said street area re- verts by virtue of said vacation would give and grant unto the City of Bozeman an easement and right-of-way for said water and sewer lines and for any other public utilities installed or to be hereafter installed. NOW, THEREFORE, in consideration of the sum of One Dollar and other valuable consideration ( $ 1. 00 ovc), in hand paid by the . ,; , . , . . . .. ." . ~- . . BuOK ic'~ fJAGt 14~1 City of Bozeman, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the Grantor, for herself, her heirs, executors, administrators and assigns, has granted, bargained, sold, conveyed and confirmed, and by these presents does hereby grant, bargain, sell, convey and confirm unto the said Grantee and its successors and assigns the follo~ing 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 and sanitary sewer main and appurtenances thereto over, upon, and across that portion of vacated South McAdow Avenue extending from the south line of East Main Streetto the north line of East Babcock Street, said easement being thirty (30) feet in width centered along a line ten (10) feet west of the centerline of said vacated South McAdow Avenue. 2. A perpetual easement and right-of-way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a storm sewer main and appurtenances thereto over 1 ~88t1' and across that portion of vacated soutNJ venue herein- after described, said easement being ten (10) feet in width . and centere~,alonga line,f1fteen (15) feet east of the centerline of said vacated South McAdow Avenue and extending from the north line of East Babcock Street to the centerline of the alley in Block Twenty-three (23), Northern Pacific Addition, and in the alley in Block 23, Northern Pacific Addition from the east line of vacated South MCAdow Avenue extending in an easterly direction a distance of sixty-five (65) feet. The perpetual right of ingress and egrees to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining ~~~do~~~fr ~i~c ~~~i~i~s sewer and storm sewer mains, an app8r enances ere- to, and for the removing of same if and when desired by the Grantee, its successors and assigns; Together with all the tenements, hereditaments, appurtenances thereto belonging or in anywise appertaining and all the estate, title, interest, claim and demand of the said Grantor herein. 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. -2- ~_..__._- - " .. ~ . . . .. . to j "'" ~ . 811fJK 18 PAGE 144 . The Grantee hereby covenants and agrees with the Grantor as follows: 1. To operate, use and maintain said water main, sanitary sewer and storm sewer mains in such a manner as will not hinder or prevent the proper cultivation of the tract through which this right- of-way is hereby granted, it being understood that the Grantor shall be reimbursed in full by the Grantee for any actual damage done to the premises by virtue of the Grantee's entry thereon. The Grantor h~reby covenants and agrees with the Grantee as follows: . , 1. That at no time will she build, construct, erect, or maintain any permanent structure over or above the said water main, sanitary sewer arid storm sewer mains unless such structure is built, constructed and main- tained in such a manner that it would not interfere with the operation, Use, repair, maintenance, replacement and removal of said water main, sanitary sewer and storm sewer main s . 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. T.hat she is lawfully., seized of said premises; that she has' good right and lawful authority to sell the same and that she, her 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, admini- strators, successors and assigns of the Grantor and upon the successors and assigns of the Grantee. IN 1'1ITNESSWHEREOF, the Grantor has hereunto set her hand and seal and the Grantee, The City of Bozeman, has hereunto set its hand, by its Mayor and its Clerk of the City Commission, each thereunto duly authorized, and has caused its corporate seal to be affixed, all on this 14th day of May 1958. ':; ~ :-' .\",~. .' Ok m vJ~ J:>.." /- "~"~':': '\ ' . . : ,:.-;:..~. ..'" L~llie M. Warwood ;., -: r~< l./ ," ~.?'""~ .,.' ~ "f;, I ""~~' .",~:" '~4' :. :..., ; : ~: .' ,," t:'I/'t' .:: ] .7.... " THE CITY OF BOZEMAN "". >, ~,,'j .,'?: ~ \ \ \., ";"'" '...&" ~,r?", / c< ~; . . , ., . . . .., .. . ... .";J -" ,,' A~1"E.~T,: :,\~~.,;.~,"'.'>>' ",,' By~~_..~d-:J - _ _~__ ". ~ -'/-. ,;7.'-.~.~' _7" . / Mayor y ~y,. '_/~....-?'1..--/ ~ ~s.-, --.,-,---;r?<---V -- Clerk of the City Commission ... ., '" - ^ . . "* , . .. . .. , . . 1~ I" 14r.: 8li(JX ' C) P!4tlt ~ APPROVED: '-- ~---..~. __L ~ ~ Dan R. Lovelace City Attorney STATE OF MONTANA) ) 55. County of Gallatin) On this 19th day of May 1958, before me, the undersigned, a Notary Public for the State of Montana, personally appeared LILLIE M. WARWOOD, known to me to be the person described in and who signed the foregoing instrument as Grantor and acknowledged to me that she executed the sarne freely and voluntarily, for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my~otarial Seal on the day and year in this Certificate first ":~bo;\lle~..:wr i t ten. ".';. -;' !'!" .. ..."" ":,. \.-. .."..f./....,'.., ~ "" 1\:"" .......,.1. /',"i - (', ..' '.' . .::~',~<" ...~:;;;., Notary Pub lic f H' --J .,\, I 11 r) . .' ,,- " ',"" '" " 'I l~' ..--;,-,' Z .\~;: ;)"">... ,'~ .,.' . ,~. : .~~~' ,~, Residing at Boze .. ~: 'U B L \ .l.:.. ,:. My commission expires 1960 . pO. ..... ."'~:... \ >.:..,... " :.~.::~:.;;~' - t 1 ""'1 \ ... . ' .' , ~ \ STATE" . OF MONTANA) ) S5. County of Gallatin) ,.,.,\ . On this 19th day of May 1958, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Howard Erwin and L. G. Shadoan, 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 sarne for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above wr it ten. .,,- . ;.~~.,:.:..~L?> _:-::;:;....~.\ , T ,( /( ,\":~~.. Notary Publi or '," "',,"" . ,,~ '." ". .~ S t/~ c J>.e-r:. ~ ~'-_. Residing at Bozem : '1 ':", I,f:, r..r,"') i \ J.~'~- "~' ,,~<. >~.:., ~~.,'. ,:'.- f .}<~.M.~:.!", My commission expi 1960 . ~- .' ~t'". J <,,,,,",. ,.,,\1'..,',."\":.,-.: .. " ,,-. ".,l <. ^;.:::;~:' ".c"3]~0 . / I::>LA'T lc~~::,_---~ -" _._~_. >,I.v' ~-'^ ,",cr.-Hi ~~ ~ m_..m._......., 1858 , 1 C', nt f Gr<11ntm ~"'. :" ' " .m... ...- ~ ...._.H...:.;........, 142 0tate of 1', ont.. Qllu y c..... " "-y' n ". r 9: M. Q : c ., '. Book 18 ~~f;m,. .,g....um otn'.nh.t..._I..~. ....n.'''' ,.. . . · .tSa4...lto!.~,""__"''''''H.....P'U:-'').C:2{. LY,.. .. -." ...,........ .. .. .~.l!:!.{"!'.r....Deputy " ." ....".."..,"~.~.."'.'.'~'\ .,.","',..." ~..,. ..