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Fill and Sign the Montana Easement Form

Fill and Sign the Montana Easement Form

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RECIPROCAL GRANT AND ABANDONMENT OF EASEMENT THIS INDENTUR E, is made by and between                                     and                                           . Abandonment of Easement And in consideration of the easement granted herein,                         does hereby convey, remise, release, and forever quitclaim unto                                                 all of rights, title, and interest in and to the following described easement As recorded on                                                 and as shown hereto: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ or The following conditions attach and pertain to the foregoing abandonment of easement: 1) The effective time of abandonment of easement will be the same time the new sanitary sewer utility to be constructed in the grant of easement (herein) has been accepted and put into operation by                               . Grant of Easement In consideration of                               ’s abandonment of the above easement,                               hereby conveys, transfers, and grants unto                         a perpetual right-of-way and easement for the maintenance, enlarging, reducing, or removal of underground utility lines, together with all necessary appurtenances thereto, in, under, through, and across the real property hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said utility lines. The metes and bounds of the easement herein granted is described as follows and shown on Exhibit A attached hereto: _________________________________________________________________________ __________ _________________________________________________________________________ __________ _________________________________________________________________________ __________ _________________________________________________________________________ __________ The following covenants and conditions attach and pertain to the foregoing grant of easement: 1 1.                               agrees that in the event of any excavation within said easement for purpose of maintenance or repair,                         or its agents shall backfill and/or restore the surface to its existing condition. 2.                               shall not make or construct any building or other permanent improvement, except paving, upon the land covered by this easement, and said land shall be kept free of any such permanent obstruction that would impair the maintenance or operation of the underground utilities. 3.                               shall indemnify and hold harmless Admiral from any and all claims, demands and liability arising out of existence of the underground utilities within the easement. 4. The grant of easement shall run with the land and shall be binding upon and shall inure to the benefit of                               and its successors and assigns. 5. A temporary construction easement shall extend an additional                   feet wide (measured perpendicularly from the eastern or northern perpetual easement boundary) for the purpose of material storage, operation of equipment, and other activities related to construction of utilities, but shall not interfere with any of the business activities on or near, or interfere with access to, the effected property. The temporary easement shall expire upon completion and                         ’s acceptance of the new sanitary sewer main improvements. IN WITNESS WHEREOF, the parties have set their hands and seals on the day of                         ,       20       .                                                                                                                                                                             ATTEST:                                           STATE OF MONTANA )                   :ss COUNTY OF                               ) This instrument was acknowledged before me on the day of                         , 20       , by                               , known by me to be                                     of                         , Montana. 2 IN WITNESS WHEREOF, I set my hand and Notarial Seal on the day and year first above written. Notary Public for the State of Montana Residing at                                                 . My commission expires                         SEAL: ATTEST:                                           STATE OF MONTANA )                   :ss COUNTY OF                               ) This instrument was acknowledged before me on the       day of                   , 20       , by                   . IN WITNESS WHEREOF, I set my hand and Notarial Seal on the day and year first above written. Notary Public for the State of Montana Residing at                                                 . My commission expires                         SEAL: 3

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