HomeMy WebLinkAbout65- Hoey Easement
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BOOK
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PAGE .~ 7
THIS AGREEMENT, Made and entered into this
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A. D. 196\, by and between Frank & Hermina H. Hoey to City of Bozeman
EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR STORM SEWER PIPE LINE
21 day of ~r/ ?}?A I
ffilRh~nrl ~nrl wi fe.
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 Grantoe.
WIT N E SSE T H
WHEREAS, The Grantor" are the legal record title owners of portions of the
Lot 26 of Block A. Maple Terrace Subdivision. Lots 6-7. Block A. Mg,ple TerrAce
. ~ ~
Subdi vision (, ,,:
and
WHEREAS, the Grantee, in the exercise of its power and authority as a
mnnicipality of the Sae of Montana, proposes to construct and install storm
sewer pipe lines for the collection and disposal of storm waters from the general
are of Block I, Block 2 and portion of Block 6, Kirkl s Second Subd,ivision CI~>
also
Maple Terrace Subdivision. c \" c't,
WHEREAS, the Grantee desires to acquire from the Grantors, and the Grantors
are willing to grant to the Grantee an easement and right-of-way across the
above described property of the Grantors, and their heirs, executors, administra-
tors, successors and assigns, for the purpose of installing, operating, using
repairing, replacing, maintaining, and removing said storm sewer pipe line, and
for such other rights of access and incidental rights as are hereinafter described
all as hereinafter more particularly provided.
NOW, THEREFORE, in consideration of the sum of $ 1.00 in hand paid by the
City of Bozeman, the receipt whereof is hereby acknowledged, and in further
considerttion 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 successo:cs and assigns the following rights and privileges
forever:
aOOK 22 PAGE 28
Frank & Hermina H. Hoey to City of Bozeman
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Easement on Lot 26 Block A M II ~" llR --r~!. ''', ",./G, ',' ~,. $ \.\ h, r! " !.i i ;: ',~'-l I,
A utility easement on and across lot 26 of Block A, Maple Terrace Sub-
division of Bozeman, Montana, for the purpose of construction and installation
of storm drainage pipes.
Beginning at the southwesterly corner of lot 26 of Block A, Maple Terrace
Subdivision; thence northerly along the westerly line of said lot 26 to the
northwesterly corner of said lot 26; thence easterly along the northerly line
of said lot 26 a distance of 10 feet; thence southerly parallel to and 10
feet easterly distant from the westerly line of said lot 26 to the southerly
line of said lot 26; thence westerly a distance of 10 feet to the point of
beginning. Being a tract of land 10 feet in width lying easterly of the
westerly line of said lot 26 and containimg .034 acres more or less.
Easement on and across lot 6 of Block A, Maple Terrace Subdivision.
A utility easement on and across lot 6 of Block A, Maple Terrace Subdivision
of Bozeman, Montana, for the purpose of construction and installation of storm
draimge pipes.
Beginning at the southwesterly corner of said lot 6; thence easterly along
the southerly line of said lot 6 a distance of 10 feet; thence northerly
parallel to and 10 feet distant easterly from the westerly line of said lot 6
topo:j.nt of intersection with the northerly line of said lot 6; thence westerly
a16ng said northerly line being along a curve of 60 feet in radius to the
northwesterly corner of said'lot 6; thence southerly along the westerly line of
said lot 6 00 the point of beginning. Being a tract of land 10 feet in width
lying adjacent to the westerly line ot: ~aid lot 6 of approximately .021 acr'ss.
A utility easement on and across lot 7, Block A, Maple Terrace Su~division
of Bozeman, Montana, for the purpose of construction and installation of
storm drainage pipe.
Be.p.-nning--.atthe3?Q}ltheal;lterly corner of lot 7 o;f Block A, Maple Terrace
Sub9.ivis1,on of Bozeman, Montana for the" purposeQf construction and installation
of storm a,l\ainage pipes:
Beginning at the southeasterly corner of said lot 7; thence westerly along
the southerly line of said lot a distance of 10 feet; thence northerly panalle1
to and 10 feet distant westerly from the easterly line of said lot 7 to a
point of intersection with the northerly line of said lot 7; thence easterly
along said northerly line, being along a curve of 60 feet in radius to the
northeasterly line of said lot 7; thence southerly along the easterly line
of said lot 7 to the point of beginning. Being a tract of land 10 feet in
width lying westerly and adjacent to the easterly line of said lot 7 containing
approximately .021 acres.
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22 PAGE 29
1. A perpetual easement and right-of-way for the purpose of installing,
operating, using, repairing, replacing, maintaining and removing a storm sewer
pipe line and appurtenances thereto upon and across the above described property
of the Grantors, said easement and right-of-way to consist of a strip of land thirty
(30) feet in width: as more fully described herewith:
See attached property description.
2. ~he perpetual right of ingress and egress to and from said tract of land
at all reasonable times for the purpose of installing, operating, using, repair-
ing replacing and maintaining said storm sewer pipe line and appurtenances thereto
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 appur-
tenances and privileges unto the said Grantee and to its successors and assigns
forever.
The Grantee hereby covenants and agrees with the Grantors as follows:
1. That, in connection with the installing, operating, using, repairing,
replacing, maintaining and removing of said storm sewer pipe line 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 top-
soil 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 away from the
remainder of the excavated material; and in backfilling, this topsoil
will be replaced as the top one-foot of the trench. It 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 substantially the same
condition that existed prior to the beginning of operations, except that
the surface of bacfilled areas may be mounded sufficiently to prevent the
formation of depressions after final settlement has taken place.
3. To install said storm sewer pipe line at such a reasonable depth
below the surface of the earth as will permit normal cultivation of the
ground.
4. To operate, use and maintain said storm sewer pipe line 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. In tho event that it should become necessary for the Grantee to
re-enter the Grantor~ premises for the purpose of repairing, replacing,
maintaining or removing said storm sewer pipe line, the Grantee will re-
imburse the Grantor~ for any actual damage done to the Grantor~remises
or crops.
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BOOK
22 PAGE 30
The Grantor~ hereby covenant~ and agree~ 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 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~ maintenance~ replacement and
removal of said storm sewer pipe line.
2. That the Grantee may peaceably hold and enjoy the rights and privileges
herein granted without any interruption by the Grantors or their successors
and assigns.
....
3. That ,') .>,'l .,," } ,,,,.lawfully seized of' said premises; that i"':r c, -,,(;
"'r~ &> \ y heirs ~ 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 whomsoever.
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 WITNESS WHEREOF, the Grantor~ ~ hereunto set their hand~ and
seal~ and the Grantee, The City of Bozeman, has hereunto set its hand, by its
Mayor and its Clerk of the City Commission, each thereunto duly authorized, and
has caused its corporate seal to be affixed, allan this day of
1964.
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The City of
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ATTEST:
Erna V. Harding
Clerk of the City Commission
Approved:
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BOOK
22 PAGE
31
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- BEN ,E'. BERG, .rrf .
City Attorney
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STATE OF MONTANA )
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COUNTY OF GALlATIN )
On this ';; 'J
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Notary Public for the State
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day of ];),.Jql" 'j ,196\ before me,
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of l'1cfr4Iu',- , personally
the undersigned a
appeared F r 1'/ ....I..k
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known to me to be the person s desc/ibed in and who signed the foregoing instru-
ment as Grantors and acknowledged to me that -/1; ~ -I had executod the same
freely and voluntarily, for the uses and purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
^S~al,on,the day and year in this Certificate first above written.
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,,'~'-r.,.,.-e.r {',i (~..: ,? ,/
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires ;;i/l //r/ r'/ ,,2 (: / 7{" 7
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STATE OF MONTANA )
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COUNTY OF GALLATIN)
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On this If'?' 7 day of-lt//...,ary , 196~, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared R. Harry Morrow
and Erna V. Harding, known to me to be the Mayor and Clerk of the City
Corrmrrssion respectively, of the City of Bozeman, whose names are subscribed to
the within instrumont and acknowledged to me that they executed the sarne 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 written.
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NOTARY PUBLIC for the Stare of Montana
Residing at Bozeman, M~na
My Commission expir~~7- ~/~'/Y~
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PLATTED \J
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11'11' I'
State of Mont., COUnty of Gallatin. SS. Filed for record February 19 . 1065
at 11: 10 - A. M.. and recorded in G:Jok 5.:t IvIISC. page 27
CARL L. STUCKY Recorder. BY~~ Deputy
Rt: City of Bozeman