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HomeMy WebLinkAbout75- Gilbert Easement '.... , ., . fILM 29 PAGE 2045 EASEMENT AND RIGHl OF WAY AGREEMENT FOR STORM DRAINAGE THIS AGREEMENT, Made and entered into this l6th day of July A. D. 197~, by and between WILLIAM E. GILBERT 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 5 SET H : WHEREAS, The Grantor is the legal record title owner__ of unplatted tract in N~. NEk. NW~. ~~ction ]2. T2~J R~F. 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 drainage lin~ and necessary appurtenances to serve various properties located wit~in the northerly portion of the City of Bozeman and Qne 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 o~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 storm drainage line 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 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 installing, operating, using, repairing, replacing, maintaining and removing a storm draina~e line thereto upon and across the above described property of the Grantor ,said easement and right of way to consist of a strip of land 40feet X ten (lO) feet in width~ lying south of the south property line of Durston Road beginning 511.5 feet west of the North Quarter Corner of Section 12, T2S, RSE. -1- FltM 29 PAGE2046 ~~ ! "'l . 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 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 follt)ws: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said storm draina~e lines 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 possihle. 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 subs tan. 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 IItorm drainav:e lines in such manner as will not hinder or prevent the cultivation of the tract through which this right of hereby granted. proper way is 4. In the event that it shodd become necessary for the Grantee to re.enter the Grantors premises for the purpose of repairing, replecing, maintaining or removing said utility lines the Grantee will reimhurse the Grantors for any actual damage done to the Grantors premises or crops. -2- FILM 29 PAGE 2047 ~ .'''-\ 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 drainage line 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 his 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. -3- ..-: . ' . FiLM 29 PAGE 2048 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. / (' .-/~d~~ ~/ ,QILLIAM E. GILBERT STATE OF MONTANA ) ss County of Gallatin) On this Sd- day public in and for said name (J ", .Plu~ l '7j;Jk.AA- instrument, and acknowledged to me that executed the same. of tJLJ 1976", before me, a nota:fLiJJ State, ~ersonally appeared W ;J/~ I" ' known t. me to be the person__ whose subscribed to the within 'JJ~ ~ ,/" ;U LU <'-. JJ J. - . ,'\ ,. IJ J-. Notary li for the tate of Manana Residi,. at Bozeman, Montana My Commission Expires tiOTARY PUBLIC for tlle State of Monten. , J(eslCllng alllvL~,,"a", Mu,ltl'"~ rAy J;ommjssion expires December 11, 1911 i~, '!"" \ ~~) .,r:: r..>'" '. )....,~r , . ,\. 'l...i"\ ...... "'~' ,~ ~'''' ".~""~"'.".~'I!If'C'llR I'~ , .. t,,,. .,.,.~ "~;. ~.:- Or:- ~,.~: .. I"~" '~:"'!"'~.IH~~'~'\ -4- , , - . FILM 29 FACE 2049 THE CITY OF BOZEMAN '~ NfTEST:, , ' _. , .' /'11 ~~,' ._ .:::";; "~\ . ~~~& Clerk 'o~: ~h""i""'b;tt:y Commission ///-:> ~/ //- ~/ ~./ ,/ B~)~_/ ;-::f7~ . / Ma/ APPROVED: "'..'..'--..-) ,',' ,') 'v.. ,,(' , , , . .,.. ~'" t,....-, ^-".,~, ,~~_" "~,,--A ,-;;-p \..:.-(/'" ------ City Attorney STATE OF 1I1ONTANA ) ss County of Gallatin) On this 18th day of August , 197~, before me, the undersigned a Notary Public for the State of Monrnna, personnally, appeared Edmund P. Sedivy, Sr., & Erna V. Harding 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 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 wri.tten. ,. ',~ . .-' 19640 WI Nota P lie for he State of Res, Cling at Bozeman, Montana My Commission Expires l'lOTARY PUBLIC for the State of Montana Residing at Bozeman, Montana MJ Illmlmjsslon expires December 11, 1977 Monta na ':'\ r,,_ '''''';''I''~'::~'l~!,,", .~r~.." . .",,..' I''';t~ t'.....~.. ~ ,I};"'.I,'I" State of Montana I County of Gallatin f 55. Filed August 18 ,1975 at 11: 40 A. M., and Recorded in book 29 of MISCELLANEOUS Page---2Q4.5 CARL L. STUCKY By -L ,3,itf:"~:7'~ v~~ Fee $ Rt: City of Bozeman