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Home My WebLink About90- Roemhild Storm Drainage Easement, 1980 Rt, City of Bozeman ~~~:~ 1f~ Fll~ 59PlGE 514 $ - 0,- l~'( )94 State of Mont., County of Gdl:a\.i:1. 55 f"cj Ie,. "',1/'.1 Octobe:r;-,,"ll__ ______, 1- 80 at 11: 40 . AM., aJlld. recorded, in Book Sq O,f M.Y5J~, AN~n.1l~ Y..L _pc:p:e 514 .fua~ ct. BUdqt& Recorder. By ~ ,-i!5--.Il/7fJz~'P"'llt' EASEMENT AND RIGHT OF WAY AGREEM'E'T FOR STORM DRAINAGE EASEMENT THIS AGREEMENT, Made and entered into this 22nd day of October, 1980 A. D. 197_, by and between Joseph B. & Margaret R. Gary and Georqe R. and Mary S. Roemhild parties of the first part, hereinafter called the Grantors 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 Grantors are the legal record title owner of North ~, Block 8, Stevens Subdivision more particularly described below, and WHEREAS, The Grantee, in the exercise of its power and authority as a municipality o~ the State of Montana, proposes to construct and install storm dralnage and necessary appurtenances to serve various properties located within the northwest 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 GrantorS, and the GrantorS are willing to grant to the Grantee an easemen~and right of waY-across the above described property of the GrantorS , and their heirs, executors, administrators, successor.s and assigns, for the purpose of installing, operating, .using, repairing, replacing, maintaining, and removing said storm dralnage and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly pro- vided. NOW, THEREFORE, in consideration of the sum of $ and other considerations in hand ~id by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the GrantorS have granted, bargained, sold, conveyed, and confirmed and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the follow- ing 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 GrantorS ,said easement and right of .way to consist of a strip of land twent)/120) feet in width being flve (5) feet west and fifteen (15) feet east ot the common boundary of lots 1 and 2 of the North half of Block 8, Stevens Subdivision, Gallatin County. Said tract of land is located in the W~ SW~ Section 1, Township 2 South, Range 5 East, M.P.~~. fiLM 59PAGE 515 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, ope~ating, using, repairing, replacing and maintaining said storm draln 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 folll)ws: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said storm drain 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 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 drain in Auch 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 shodd 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 reimhurse the Grantors for any actual damage done to the Grantors premises or crops. -2- r ILM 59 PAGE 516 5. The Grantor~ hereby c~venant 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 drain unless such structure is huilt, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainence, replacement and removal of said storm drain 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GrantorS or theirsuccessors 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 59 P~GE 517 IN WITNESS WHEREOF, The hereunto set their hands and written. said parties of the first part have seals th"e! a,ndyear':,',irst, above \, ~2 l'/ /, /.) (I>> ''/ iA:r- , ' r' :/ -~ k"" ()_,_=:r--~\: ,,' );~G..I'-.L' lb' . ,~ ~---) I' I...v-. ' -R. 1_,') "---" , " - ' '\. \'; "- (Lc__ v ____J u....J.c ~ ) , " I //ti(: :(', >.J ~'I\.;'c",'>I.,'L<'( tl STATE OF MONTANA ) ss County of Gallatin) On this 20th day of Octobp.r 19 ao, before me, a notary public in and for said State, per9R~11-ar<(.ppS~r'Dcbi~R~W8 R r,i:lry~ Mqrgi:lret R. Ga ry. Geo rge R. Rop.m h i 1 cJ<;nown t& m~ to bb' t person~ whose name S a re subscribed to the wi thin instrument, and 2.cknow1edged to me that they executed the same. .,<~'i'{) ~ " ..;...... '~:~--:t.,..~ ''"'''''.l(.?'Ii-". ....! $' ,., " ,~ ; ......~O' . C/<jJiu..~, ~ ~,,~\" , Notary Pub1 c for the Stat~f Mcrnh:.~~-> [ Residing' at Bozeman, Montba ~"; r:.l ':::> - .. .,.".... ~IP"": Hy COflUJlission Expires \.'7'->"" '0/";) ,/);:1 ~-f) 1'c-7) :;2/ L'9 <>c) ',,"'). ", '" ...' ,'" -~-/-/-fJ.!=~~~L- ~~~:~~~~----~.,-~:-~~r~~~~ ." .i' '.. ''': ( t~" ~ ~. ,,' ;': . I, , ,"'"1 . :: ~ -4" . '. 59 PAGE 518 fiLM ": II) ( I: t' 'I i /; ~/..' i ~IlQ~_,/, I J ~ " 2,/, -Z~f~>---;~//7~~~~ (,T-: l\, I - - /,~ J E:~~~__, "j///(au:fC-o/ fR}j'!\ 1/, !!MndlJ'(;-~< ~ C1 erk of t.he Ci ty CUIi:;;!i ',\;ion J\ I' f' f urn LJ : -&r~. tcH'IWY / STATE OF MONTANA " S Cuunty or C;alL1Lin ) Un t!li~, __:,,;)_~lt!!_ ,le1'1 0 f /., !' /~.-I I "I c, <... ,,\ 1.)..,;- -, __(j,A::~~Lltl!SY_ ' ) A/, i ,-- I I [iie ~ uncJerS-i()11Cd a Nolin'v Public for the State of t~ontana, pi: (I'i') 1'/, djJDea t'c'd ,ll~~'~]V._;)-~.)J.)~:!'-A1a.-&:~k!vl.J..a","_(.,,'"1/~ [':i\'..'ri :0 ' Iii> tl:l' Ot dl\C! Clerk 01 :hc City C()["\i:,\,ii~1 '("';pr".1 'Ii']-" i: c: Ly of [lOZCllldtl, \'Ihu (' n.lIJC'~; are slilISU'ii'c'c] Lo the \',i hili L {\.,l i) I l : ~ l arid dckn(!\'il ecl(j('c.1 t ,! mE. UI,\t they C'/f'c!:tc\d · !)'\ ';in'", ;,;' (,', ' r ''',:] f () 1 '",\ i ,! City. ] N l~l HJESS l~liEI(U)', I have ht:.reunto set my hand ,tllel "fli ;.:(.,j lily NutdrL11 Sedl on the clay and Y(~2I' in this Certificate fi,";L Jllove \'irittcn. ',,- 1\ /i h"""I~ , "',':).1:"... ~.:>tl',(-:~, ~" '..... .".f-";;;....S ':\'\)1' ilf 3, '.: ~o '.' ~".,. 'L .'f ~,~ t, '; 1 , J.... t~"?L :. r-, ". .....$ .,~ '. .' <A'f1- ~' ,....""'.... . ... ..'rt "".. ............... : f).,:: !~~"";d"'~\" ~_2J.L4j'kIJC.J../lJ__~cty.~~__ .._.__ ',._,__,., Notar;)1 Puhl-ic for the State tana Residing ilt Bozeman, HonLJrla Hy Conm:ission F:XPires~""'il'iIQj/ '." ' ~ '\ .,- . ..