HomeMy WebLinkAbout75- School District #7 Storm Sewer Agreement
FILM 29 ~AGE 2051
EASEMENT AND RIGHT OF WAY AGREEMENT FOR
STORM SEWER
THIS AGREEMENT, Made and entered into this I.J r.(. day of
- - 4 "(1"'/ A. D. 191 5 , by and between BOZEMAN
SCHOOL DISTRICT #7 part~ 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 SSE T H :
WHEREAS, The Grantor is the legal record title owner__
of a parc~l of land in tne S%, NEt, NW~, S~ction l2, T2S, R5E
more particularly described below, and
WHEREAS, The Grantee, in the exercise of its power and authority
as a municipality of the State of Monmna, proposes to construct and
install two storm sew~r lines and necessary
appurtenances to serve various properties located within the
northerly 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 is willing to grant to the Grantee an easement
and right or-way across the above described property of the Grantor___,
and his heirs, executors, administrators, successors and assigns,
for the purpose of installing, operating, using, repairing, replacing,
maintaining, and removing said two storm drainage lin~s and
appurtenances and for such other rights of access and incidental
rights as are hereinafter described, all as hereinafter more particul-
arly provided.
NOW, THEREFORE, in consideration of the sum of $ and other
considerations in hand paid by the City of Bozeman, the receipt where-
of is hereby acknowledged, and in further consideration of the coven-
ants and agreements between the parties hereto, the Grantor
has granted, bargained, sold, conveyed, and
confirmed and by these presents does herehy 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
installing, operating, using, repairing, replacing, maintaining and
removing a two storm drainage lines thereto upon and across the
above described property of the Grantor ,said easement and right
of way to consist of a strip of land twenty by ten 20 XlO feet in
width ~ lying south of the south property line on Durston Road
beginning 30 fe~t south of the North Quarter Corner, Section l2,
T2S, RSE, and a strip of land 40 feet X 10 feet in width lying
south of the south property line on Durston Road beginning 30 feet
south and 300 feet west of the North Quarter Corner, Section 12,
T2S, R5E.
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fiLM 29 f'.~.GE 2052
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 two
storm drainage lines 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:
1. That, in connection with the installing, operating,
using, repairing, replacing, maintaining and removing
of said two storm drainage lines 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 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 sub-
stantially the same condition that existed prior to the
beginning of operations except that the surface of hack-
filled areas may be mounded sufficiently to prevent the
formation of depressions after final settlement has taken
place.
3. To operate, use and maintain said two storm drainage
lines 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, replccing, maintaining or removing said utility
lines the Grantee will reimburse the Grantors for any actual
damage done to the Gra~or9 pl:emiBes or crops.
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fiLM 29 f.~GE 2053
5.
The Grantor__ hereby cnvenants 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 two storm
drainage lines 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 storm drainage lines
2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by
the Grantor or their 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, administrat~rs,
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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FILM 29 PAGE 2054
IN WITNESS WHEREOF, The said parties of the first part have
hereunto set their hands and seals the day and year first above
written.
~Jl ~. ~~
BO'N:MAN SCHOOL \ TRICT 4F7
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r/ o!d~ -'
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STATE OF MONTANA )
ss
County of Gallatin)
On this 6th day of Augus t 1972... before me, a notary
public in and for said State, personally appeared Milton K. Negus
Superintendent of Schools known t. me to be the person__ whose
name is subscribed to the wi thin
instrument, and acknowledged to me that it has been
executed the same.
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4)
Not Y ublic fo the State of Monmna
Re ding at Bozeman, Montana
My Commission Expires
IGTAav pllsnc W'tl:j" StlltllClf ~.llAtaA'
Residing at Bozeman, Montana
MY Commission expires December 11, 1977
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APPROVED:
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STATE OF MONTANA )
ss
County of Gallatin)
On thiS" 18th
day of August
FILM 29 PAGE 2055
THE CITY OF BOZEMAN
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undersigned a Notary Public for the State of Monrnna, personnally,
. 1972-. before me, the
appeared
Edmund P. Sedivy. Sr.. & 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
for and on behalf of said City.
instrument and acknowledged to me that they executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
ahove wr:i.tten.
my Notarial Seal on the day and year in this Certificate first
i,,!,
I. INDEXED
" PLATTED
1.-
\
19641
State of Montana
County of Gallatin f 55.
Filed_ August 18 ,1975
at~_~l : 4. 5 A. M d
., an
Recorded in book 29 of
MISCELLANEOUS Page~l
CARL L. STUCKY
By~~:'~:"5?~
~
Fee $ --
Rt: City of Bozeman
Monta na
My
bOTARY PUBLIC for the State of MllIItalla
_ Residing at Bozeman. Montana
My Commission expires December 11, 1977