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Home My WebLink About66- First National Bank Easement io'-. ...-" BGOh 23 PAGE 87 EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR STORM SEWER EASE2-1ENT THIS AGREEMENT, Made and entered into this 13th day of July A.D. 196 6, by and between '. First N320nal Bank of Bozeman & Jr. W. Tschache part$ of the first part, hereinafter called the GrantorlL, 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!.... are the legal record title owner~ of portions of the Lots 11 and 12 of Block 4 of The Rearrangement of Thompson's Addition No. 3 Di.I .._. and WHEREAS, the Grantee, in the exercise of its power and authority as a munici- pality of the State of Montana, proposes to construct and install a storm sewer pipe line would run across the Grantor land; and WHEREAS, the Grantee desires to acquire ,from the Grantor2" 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 purpose of installing, operating, using, repairing, replacing, maintaining, and removing said storm sewer pip,e line and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREOFRE, in consideration of the- Stun of $ , C 0 in hand paid by the City of Bozeman, the receipt v,hereof is hereby acknowledged, and in further con- sideration of the covenants and agreements between the parties hereto, the GrantorL have granted, bargained, sold, conveyed,and confirmed, and by these pre- sents c!sL hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its succe$sors and assigns the following rights and privileges forever: of the lot line common to lots 11 and 12 of Block of The Rearr&n ement of Thompson's Addition No.3 and such lot line projected northwester y more particularly described as follows to wit: Beginning at the southwesterly corner of lot eleven (11), being also the southeasterly corner of lot 12 of Block 4 of said Rearrangement of Thompson's No.3; thence northeasterly along the southerly line of said lot 11 a distance of 12.04 feet to a point on the southerly line of said lot 11, which is 12 feet at right angles to the westerly line of said lot 11; thence north- westerly parallel to and 12 feet distant northeasterly from the westerly line of said lot 11 to a point on the north westerly line of said lot 11; thence south 590 39' 50n West along the northwesterly line of lots 11 and 12 to a point 12.04 feet southwesterly from the northeasterly corner of said lot 12; thence southeasterly parallel to and 12 feet distant westerly there- from the easterly line of lot 12 to a point on the southeasterly line of said lot 12; thence northeasterly along said lot line to the true point of beginning. . 8~uK__ 23 ~lAGf 88 ... ~ ~ 10 A perpetual easement and right-at-way for the purpose of installing, oper- ating, using, repairing, replacing~ maintaining and removing a storm sewer pipeline thereto upon and acrose the above described property of the Grantor s ~ said easement and right,-"of-way to consj st of a strip of land twenty-four (24] feet in width lying and being twelve (12) feet each side 2" The perpetual right of ingre s a.nd egress to and from said tract of land at all reasonable times .for the purpose of installing, operating,using, repairing, replacing and maintaining said sto~~~er pipe line and for t he removing of same if and when desirea by the Grantee, its successors and assigns, TO HAVE AND TO HOLD the above described right-of-way with all the appurten- ances and privileges unto the said Grantee and to its successors and assigns forever 0 The Grantee hereby covenants and agrees1rith the Grantor~ as follows: 1. That, in connection with the installing" operating, using, repairing, replacing, maintaining an-d removing of said storm seWEr oipe line it will replace, at its sole expense, all existing fences, ditehesand other appurtenances of said land that may be disturbed by its operation in a cond- ition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible~ 20 That, during operations involving excavation, it will remove the top- soil from I:.he 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 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 -exposed by the excavation and remaining after backfilling is completed, and will leave th(;l finished surface in substantially the same condition that existeQ prior 1:.0 the beginning of operations except that the surface of backfilled ar~ may be mounded suff'icHmtly to prevent the formation of depressions after fV1al settlement has taken placeo 3. To install said sto~ sewer pipe line ,~at such a reasonable depth below the surface of Ghe earth as will permit normal cultivation of the groundo 40 To operate, use and maintain said storm sel,lier 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" 5. ,,' .,j' ______..,_~__.....__II:IlI:I.-.'....."""'...,.~...,a>::._=_.__,"3'O'nz..l_=_..,,~~,.:.:....."__o)oc."""..:_.._.c:..,_......,............-_.--.-:>_________~____ -~ ~. 800r; 23 PAGE 89 60 In the event that it should become necessary fOr the Grantee to re- enter the Grantor.lL, premises for the purpose of repairing, replacing, main- taining or removing . stor:.!!:..- sewer piI:?e line, t-he Grantee will reimburse the GrantorjL, for any actual damage done to the Grantor~ premises or cropso 70 The GrantorJL hereby covenantJL and agreeJL 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 storm sewer pipe line _ .__ ____ unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenancey replacement and removal of said storm sewer pipe line .0 2. That the Grantee may peacably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor~ or their successors and assignso 3~ That _ they Have lawfully seized of said premises; that they have good right and lawful authority to sell the same and that they and _ their "_. heirsil 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 whomsoevero 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 WITNESSNHEREOF;J the GrantorL -hslYlL- hereunto set their hand~ and seal~ and the Grantee, The City of Bozeman.1 has hereunto set its hand, by its Mayor and its Clerk of the City Comm:ission~ each thereunto dulyuthoriZ~, d has caused its corporate seal to be affixed, all on this II day of j 19t8 0 ATTEST: (J1-j:jL ',I /, . I!- "".' .' Q~~~".-- C. L.. Newland, Cashier r'OC.///' ,,/ "'-___-:;::.""'1 // //. B~~~-=__~~-.L~./,~, Y / " -- MaY:5>_:t'- - / // ...---- ATTEST~ g~ !lsr~ ( Clerk of the City Commission APPROVED: ) " . ..~~ ,/ ::2J)~?l!l City Attorney ~ , " BaliK' ...23 PAGE 90 . , Ii , " I . .. .I I I * , ' STATE OF MONTANA ) : ss COUNTY OF GALLATIN J () On this ) )..- --- day of k- ~ Notary PUblic for the State o~nta.Da~erso, &"" known to me to be the person_ described in and who -signed the foregoing instrument as Granto~ and acknowledged to me that they had executed the same freely and voluntarily, for the uses and purposes therein expressed. , 1'16 ~ before- me, the undersigned a - ' 1.1 appeared Fi! ~L IbL";'vad:-' 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. ~A~ Notary Public for t'heState of Montana Residing at Bozeman, Mont_ana My Commission Expires -07a"..J,--,;?rI~ /'.9clJ STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this ;;f1J f!( day of ~~ , 196i. before me, the undersigned a Notary Public for the stateB'f Montana, personally appeared Erlmllnd P. SP,rl; vy and Erna V. Hardinti , 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 my hand and affixed my Notarial Seal on the day and year in this Certificate first above writteno ~ -/ ~ ~6 '" -~~~ Notary Publ!c for the State of Montana Residing at Bozeman, Montana. / ,/ D My Conunission expires. ~ --< tR - c; or , "'Q1- ~ :: ~'::L.'" ii' Ct INDEXED Pl,ATTED . . July 21 ~966 State of Mont., County of Gallatm. ss. Filed for record-~ ' at 11: 30 A. M., and recorded in Boole ~" of M;S~ page 87 CARL L. STUCKY Recorder. By ~ ~~Z~ a.-~.-Ld/ Deputy Rt: City of Bozeman