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Home My WebLink About75- Figgins Easement and Right of Way Agreement for Storm Sewer I' , FILM 29 fA'GE2039 EASIHENT AND RIGHT OF WAY AGREEMENT FOR THIS AGREEMENT, Made IJ ~"'-' t FI INS STORM SEWER and entered into this /3 ~ day of ANNIE MAY A. D. 197~, by and between 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 portion of the SE\, Section 13, T2S, RS!, M.P.M. 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 storm sellers and necessary appurtenances to serve various properties located witt-,in the southwest 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 her heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said storm sewers 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 storm sewer thereto upon and across the above described property of the Grantor ,said easement and right of way to consist of a strip of land -ahirty (30) feet in width being more particularly described as follows: Beginning at the Southeast Corner of Section Thirteen (13), Township Two (2) South, Range Five (5) East of M.P.M., Gallatin County, Montana; Thence South 890 04' 00" West along the South line of said Section 13 a distance of four hundred twenty five (425) feet to the true point of beginning; Thence North a distance of sixty (60) feet; Thence South 890 04' 00" West a distance of Thirty (30) feet; Thence South a distance of sixty (60) feet; Thence North 890 04' 00" East a distance of thirty (30) feet to the true point of beginning. Together with the right to discharge storm waters into that natural channel flowing northeasterly over and across Lot I, Block 9 of Figgin's Addition to the City of Bozeman and continuing -1- , " flU1 29 FAGE 2040 northeasterly across that portion of the SEt, Section 13, T2S, RSE, M.P.M., lying southerly and easterly of the Chicago, Milwaukee, St. Paul, and Pacific Railway Company's right of way. 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 storm sewers 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 foll"ws: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said storm sewers it will replace at its sole expense, all existing fences, ditches and other appur- tenances 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 heen exposed by the excavation and remaining after hackfilling is completed and will leave the finished surface in substan- tially the same condition that existed prior to the beginning of operations 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 storm sewers in ~uch 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 shadd become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. -2- fiLM 29 PAGE2041 5. The Grantor__ hereby c~venants and agrees with the Grantee as follows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said storm sewers 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 sewers 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. That they have heen 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. -3- , \ FILM 29 PAGE 2042 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. {Vy1 ~ h1 ~;y J~ -.,v f1 STATE OF MONTANA ) ss County of Gallatin) -J / 197~ before ~ notary p~ sonally appeared>r-r--Y-~ nown t. me to be the person__ whose sUbscr~o the within ..-<? C._m.., ,.r ~ ~' h~ - -----~ U , I Notary Pub - for the St te of Montala Residing at Bozeman, Montana My Commission Expi/es /- C/--"- / LI L-- _ :;> a- t ' i r;' "), "" . '- , }....". 1 !o ~ << r }:\ -4- "I. , \ ~ A :i~~,:- ;';~ ':: '. ''\ (', ,-"', , . .. !\..<. ''';'' ,,,.'- ~.,.. I: ~ 0;' .., ,. .""\ .... ~,.., "":~ ,,"- '" . ....~.;.,..".........<<ll:'iI'" ~.,(....\-- ,_"; "" 'I t"F ~,O<.". ....' '.JIlt :61 \" \,~.,:Itl "~ ~"n I'l \\\\ .~, "~ ,-, ___ '~'_', _. ..J,'_.' " AfTES~_',L::'~ ,'"''' ", ". _,' 'i '11 ...,~ : !__... ()''';'~~j' /-....c:--,'" ,,)1.,:' '~~-',;" ' 0....j~'..:;~ ~~/67~ ERN4)Y',;.:,.at\~X-!~~-"-' , Clerll:-of':'tbi! Ptty,", Conunission . .. ::;.... >:~ J...' :;',~':,r #"" . . APPROVED: .' ,.~ ,',";;> . PB i- P ~"" "') (\ ~ ~ ,,, ---", I."'. 7' "-/" d City Attorney STATE OF MONTANA ) ss County of Gallatin) On this 18th fILM 29 PAGE 2043 THE CITY OF BOZEMAN Byr-> /~ (.- ..::' ,// / ,/" / " ..,' ~ L " '/ ," ,,- , ' / ,~~.. /.)1' ,/>", .,~ ".' ,,~ i!., ~_,_.,~ /,/ ;;..;;_""",.."..,../' C yor / ",./ ./' ,.r:.';;::? ~~c,. ~ day 0 f Augus t , 197~, before me, the undersigned a Notary Public for the State of Monmna, personnally, appeared Edmund P. Sedivy, Sr., & Erna V. Hardin~ known to me to he the Mayor and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within for and on hehalf 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 wri.tten. my Notarial Seal on the day and year in this Certificate first /' INDEXED \ PLATTED 19639 State of Montana ~ County of Gallatin f SS. Filed August 18 ,1975 at 11:35 A. M.,and Recorded in book 29 of MISCELLANEOUS Page~9 CARL L. STUCK Y B Fee $ Rt: City of Bozeman e State of Monta na Resi ng at Bozeman, Montana My Commission Expires fjOTARY PUBLIC for the State of Momand Residing at Bozeman, Montan~ 1977 'My Commission expires December 1 . i ' '\ l ", \ " \ \ <J1 T) 5 0.8 0, D It> Oi' 'j , - ~~ ~ I, _ "' ., {?>t,..~ , ' :'\] o\J .. ~ "&~ I i N' i .-- (Jl 1(0 I i vi gj;~; r~' rt N : 10_ t~ 0 :f.__'.}., _,' ,_ I ~ , , "" --+, _a..._~", __._ IJo-I (T' .. t>- '--5"'\5' ,.-) ill 1', ZiJ c, - g; o - Cf) ~ 10 ~ j ~ - .,~) ;,5~_ O~-t-. -----~- --- ~ .. -., -f. ~ <.0 ,- I :' g ,--~,..---_.'.!..."'_.~- , ~ I: ~ U"J -- ! ,--;; 'J'~ , /,,& L.J f . .1 ...,-'_._-+~-._--- I ::n ! 'J I: ! .-.----+ ! \ f\.J o I.D -"4 LCf) " ~'. ~_. '~_.~~~-,.~- , l.!) (V i _ >- --.J ('~) I.. I I..D 0 I J 0 '50' I 1/~.50' o ().j 1:::1 (;1 I.' CI' ,I i 8000' L , 80.00' -.., 0,.) 'r 1...1 ,i ~ -J ~ \.- :D U1 rTl 1; 300 ":.Jt, , ,-. OU'( :..1"'. 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