HomeMy WebLinkAbout72- Trunk Water Mains Release and Satisfaction
,
. ...
..
R E LEA S E AND SAT I S F ACT ION
The undersigned hereby acknowledges receipt of the sum of $200.00 as
full satisfaction for any and all damages to lands, premises and crops proxi-
mately caused by the construction and installation of a Trunk Water Mains by
the City of Bozeman, Montana over and across lands and premises of the under-
signed described in that certain "Easement and Right-of-way Agreement for a
Trunk Water Mains" dated the 29th day of September, 1971 and filed of record
in the office of the County Clerk and Recorder of Gallatin County, Montana
in Book 11 of Miscellaneous Page 1514. The undersigned further acknowledges
full and satisfactory performance of all covenants to be kept and performed
by the City of Bozeman relating to replacement of all existing fencesJ ditches
and improvements; the satisfactory restoration of the surface of trench areas
and the installation of said Trunk Water Mains to depths permitting normal
cultivation and hereby releases and forever discharges the City of Bozeman,
Montana from any and all liability of any kind or nature whatsoever arising
from the performance of each and all of the aforesaid covenants.
Dated this I 7 1/ day of ~Z' /~
/ ".'Ii Hl,t:~, , 1972.
HOLY'ARY~IIGH SCHOOL
"/ /) (}t' -~-~
By~) /.'.t ' . 'Lu..~..//
~he Re erend Joseph Mavsar
! '
STATE OF MONTANA ) I ,/
/
v
( ss
COUNTY OF GALLATIN )
On this __ da:y of , 1972 before me, the undersigned a
Notary Public for the State of Montana, personally appeared The Reverend
Joseph Mavsar, known to me to be the person described in and who signed the
foregoing instrument as Grantor and acknowledged to me that he had executed the
same freely and voluntarily, for the uses and purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal on the day and year in this Certificate first above written.
t; ~ Jt~ ,i
_J /v)/)-"l.---tt.--~j " Gc. (.A:.._/ "
Notary Public for the State of Montana
Residing at Bozeman, Montana
M~-C9mmissi9a-~~~~es-~~~~~~p-~~~4.
My commission expires October 1, 1975
. u._ .,~]
~ ", ~ .t\~U[Y:=::') .
, .. ." "t", ,.. ,',~ r""" """'.-1 - : \J ~) "'-1 514
. , .. ' \'li\Tl Cl> /.--/' '. -. ,r,o' , ,'"
"'- ~ 5t'dle.l'.lf""D!1t" County of Gallatin. "ss-rITedfur re<:ord.~__._,-9cto...be---,"C_.llt_--. 1971 '- .
<IT- ,J: 4Q .P.".M., and recoi:'edL1 Bo')'( , ,11 ,~I1~SGE~NE.OUS, page_-.li14
_____.,'__.___~AFt.L.__.1. STUCKY,.' ~ '. " c.<-c",~ef'f C(, ".-;-?'-C..~?_Ld>/ '):,., t
EASEMENT AND RIGII'tOF' WAT'fI."GREEHENT7--.-.....u.--". ~>,ll y
Fi.t: City of Bozeman
FOR UTILITY LINES & CONSTRUCTION PURPOSES
THIS AGREEMENT, Made and entered into this 29th day of September in
the year of our Lord one thousand nine hundred seventy-one between the Holy
Rosary High School, party of the first part, hereinafter known as the Grantor,
and the CITY OF BOZEMAN, MONTANA, a municipal corporation, the party of the
second part, hereinafter known as the Grantee,
WIT N E SSE T H :
WHEREAS, the Grantor is the legal record title owner o[ a tract lying
in the Southwest quarter of the Southwest quarter (SW~,SW%) of Section 12,
Township 2 South, Range 5 East and 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
utility lines and their necessary appurtenances to serve various properties
located within the western portion of the City of Bozeman and one or more
such lines would run across the Grantor's land; and
WHE LiliAS, the Grantee desires to acquire from the Grantor, and the
Grantor is willing to grant to the Grantee an easement and right-of-way
across the above described property of the Grantor, and heirs, executors,
administrators, successors and assigns, for the purpose of installing
operating, using, repairing, replacing, maintaining and removing said
utility lines and appurtenances and for sucn other rights of access and
incidental rights as are hereinafter described, all as hereinafter more
particularly provided.
NOW THEREFORE, in consideration of the sum of $50,00 in hand paid by
the City of Bozeman, the receipt whereof is hereby acknowledged, and in
further consideration of the covenants and agreements between tile rarties
hereto, the Grantors have granted, bargained, sold, conveyed, and confirmed,
and by these presents do 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 install-
ing, operating, using, repairing, replacing, maintaining and removing a
utility line and appurtenances thereto upon and across the above described
property lying within the City of Bozeman, County of Gallatin, State of
Montana and more particularly described as follows and shown on tile
attached exhibit,
A utility easement thirty (30) feet in width thru and across a portion
of the Southwest quarter of the Southwest quarter (SWi;, SWi;) of Section 12,
Township 2 South, Range 5 East and more particularly described as follows:
Beginning at the Northeast corner of the said Southwest quat"ter of
the Southwest quarter (S\.n;, SWlz;) ; thence South 88043'24' West along ti1e
northline of said Southwest quarter of the Southwest quarter (SW!i;, SWt,) a
distance of five hundred seventy-two and eighty-one hundredths (572.81)
feet to the true point of beginning; thence South 1016'36" East a distance
of two hundred (200) feet; thence North 88043 I 24" Eas t a distance of thirty
(30) feet; thence North 1016'36" West a distance of t\17O hundred (2.00) feet;
thence South 88043'24 West a distance of thirty (30) Ieet to the true point
of beginning. Containing within the above described exterior boundaries
6,000 square feet or .1377 acres,
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 utilities and appurtenances
-1-
.. '
- . . "'ft ..
. " \,1 ..: .~ .<.,j 5t~
'.
thereto 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 appurt-
enances 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 or said utility lines and appurtenances
it will replace, at its sole expense, all existing fences, ditches and other
appurtenances of said land that may be disturbed by its operation on a con-
dition 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 top-
soil 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 away from
the site of 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 finisiled surface in substan-
tially the same condition that existed prior to the beginning of opera-
tions 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 utilities 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, main-
taining or removing said utilities the Grantee will reimburse the Grantor
[or any actual damage done to the Grantors premises or crops,
5. That upon completion of said construction and acceptance of this in-
stallation the Grantee will pay to the Grantor in addition to the above
mentioned money consideration for this easement, the sum of one dollar
($1.00) per lineal foot as measured on the centerline of the right-oE-way
for damages to the premises and crops by virtue of the Grantee's entry
thereon. The payment herein specified for damages and crops shall con-
stitute full payment to the Grantor for any such damage caused to the
Grantor's premises and current crops as an incident to the initial
construction and installation of utility lines and appurtenances.
The Grantor 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 utilities unless such structure
is built, constructed and maintained in such a manner that it would not
interfere with the operation, use, repair, maintenance, replacement and
removal of said utility.
2, That the Grantee may peaceably hold and enjoy the rights and privileges
herein granted without any interruption by the Grantor 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, administrators, successors and assigns, shall warrant
and defend the title to said premises unto said Grantee, and its success-
ors and assigns forever, against the lawful claim and demandor all persons
whomsoever,
-2-
.
~ ~~.. ..
. .. ~ 0(" . "'"";' 516
. ' .! IJ
,"',".
It is understood and agreed by and between the parties hereto that
this Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Grantor and upon the successors and assigns
of the Grantee.
IN WITNESS WHEREOF, the Grantor has hereunto set its 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 29th day of
September ,1971.
/ /I ..."",
.. . ! ~/~----'~.-,.
/1/
{ j/(,",..(, /
~., J_-L-____t-. "<'-",\,..-,/
; '. /
Witness: /
\~ / !
..../'
f /
I i
i !
CtTY OF
!\~
J
ATTEST:
STATE OF MONTANA )
: ss
COUNTY OF GALLATIN )
On this ,) f,i;;'day of C)i::::'1Y\ 1971, before me ~he undersigned~ Notary Public
for the State of Montana personally appeared . PII. ~s....pf.J r~ I AV'ilit2--
, known to me to be the person that executed the within instru-
ment, and acknowledged to me that he executed the same.
I~ WITNESS WHEREOF, I have hereunto set my hani and affixed ty official
seal on the day and year in this certificate f"rst above wr~tten.
,'" '. .I i)
.: ,. ,
" !
..{ / \.~. I'~
'-. No ary Public~for teState of Montana
,.
/ Residing at Bozeman, Montana
-- ~ .
My Commission Expires i/" I ,~.; }el
STATE OF MONTANA )
: ss
COUNTY OF GALLATIN )
On this 2~ day of September , 1971, before me, the undersigned a Notary
Public [or the State of Montana, personally appeared Don M, Langohr, Jr. ,
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 hereunto set m~ and affixed m Notary Public
Seal on, the day and year in this Certificat first above ritten.
: J
'. ..... . ~
.-
,-
.~. '" Notary Pu -- lic fo the State of Montana
..;" ~ ..- ,.. ..
r .- Residing at Bozeman, Montana
of r" .' ~ . My Commission Expires q- 6<:)1
" J:..,".
~~ .'___'" ,~ ~ 1/, '. .. -
,
.
r ~." -3-
-
~'~ '
lu'" ~
',;:~ '-.;
~Vj '.J~
G'"
10~ ~ U
~~ ~~
',A!'H'<;/S j)) ~
~Olt,Of"- . t'p'Z9/ \:;1 M,,'N .6F"O N ~
I I ~
I I ~
I I ~ ::t
: I ~I ~ ~ ~ ~ .
a... I ~I N ~ ~ <: ~
~ ~'fD C) ~ 00 l. i ~
" C'L I~~ tQ ~ ~.
~ I ~I --s...~ V) 0\S" ~ ~ '
II ~ ~ 4J~
I I ~~ ~ ~
I kSl;(;;1I;1Y- ,Q:J'X'Z ~ - ;"':t ~
I I b.-'\.-5'-'1I.3's"';_~ .;(~' OJ;' _. -. ". ~ ~ ,
,.,., - - H::. .::..:;: ','- .., " f"'.
.. Jf./I8,h'gSV5' A ' " '.. .' " 1: '-J
-' IT ~~~
~ I ~I . " ''\ ~
~0" I · , s "-
i.S\ 9z.. ~I --t,.. ~ ~ ~ ..
L-;:-~ I ~I~::'k R I CJ \J III
'"?- <;::L I ~ w...:l. f') cl-L I ~ ""-J
-&---~ l(y ~<;:)... ~ "l, -....J
~ac.. I CIlI -, ~ ~ l( ~
;i ~ I I I-;-%O';l'/ - '" VJ ~
I 4~%'t>'3,:::~ ,Oe """- ~
., L~Sl>9 7#1 PF ~ ~
I I ::::) "
'; I I ~
g p
~ I I b ((
I~ I ~
"I
I~I
I~ ~I
IQ ~I
I~ ~I
I~ s:1
\)
I~I~I
.... I I
.~ I I
,~ I I '. '
f., I I . ..'..
~,~ 1.0li ~I . .
;'\1
.,