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Home My WebLink About65- Langohr Easement ... aOOK ~r2 PAGE 97 dUOk 22 PAGE 77 . . EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR STORM SE.WER THIS AGREEMENT, Hade and entered into this II I fI; 2. day of .April A~D~ 1965, by and between DON M. LANGOHR FLORIST, INC. part of the first part, hereinafter called the Grantor--J 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 portions of the Northwest one-quarter of Section18J Township 2 South, Range 6 East, M.P.M. .,....' 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 to drain portioIlB of West Garfield and South Tracy Avenue into a ditoh on South Blaok Avenue. would run across the Grantor 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.,..of-way across the above described property of the Grantor_, and its heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said storm sewer, 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-sum of $ /7#0 - in hand paid by the City of Bozeman, the receipt i'ihereof is here by acknowledged, and in further con- sideration of the covenants and agreements between the parties hereto, the Grantor_ has granted, bargained, sold, convey'ed, and confinned, and by these pre- sents _ hereby grant, bargain, sell, convey, and confinn unto the said Grantee and its successors and assigns the following rights and privileges forever: . dUOt\ 22 PAGE 78 BOOK 22 PAGE 98 1. A perpetual easement and right-of-way far the purpose of installing, oper- ating, 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--wCl.Y to consi st of a strip of land thirty (30) feet in width lying and being, a.s more fully described to-wit: Beginning at the southwesterly corner of lot 11 of Block 2 Spring Dell Addition to Bozeman, Montana; thence southeasterly along the southerly lot line of said lot 11 and also lots 8-9 and 10 of said Block 2a distanoe of 372.30 feet to the southerly corner of said lot 10; thence southwesterly at right aT'.gles a distance of thirty (30) feet; thence northwesterly parallel to and 30 feet distant southwesterly fram the southerly lines of lots 8-9-10 and 11 of said Block 2 of said Spring Dell Addition to the City of Boz eman to a point of intersection vrith the easterly line of South Tracy Avenue; thence northerly along tile said easterly line of South ~racy AVenue to the point of beginning. 20 The perpetual right of ingres and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and ma,intaining said ,_~~S~_ _ and for the removing of same if ~d when Q€sired by the Grantee, its successors and assigns, TO HAVE AND TO HOLD the above described right-of~;\~8Y "dith all the appurten- ances and privileges unto the said Grantee and t.o its successors and assigns forevero The Grantee hereby covenants and agrees 'lith the Grantor_ as follows: 1. That, in connection with the installing~ operating, using, repairing, replacing, maintaining and removing of said ~?rm sewer it will replace, at its sole expense, all existing fences, ditches and other appurtenances of said land that may be disturbed by its operation in a cond- ition equal to t.he condition thereof existing before said operations were begun, or as near thereto as shall be reEl,sonably possible~ 20 That, during operations involving excavation, it will remove the top- soil fr'om the trench area to a depth of one foot, or to the full depth of the topsoil, whichever is less>> and sto(~kpile said topsoil away from the site any large rocks or sucplus excavated mat,erial 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 exca,vation and remaining after backfilling is completed, ami will leave thli finished surface in substantially the same condit:.ion that existeQ prior to t.he beginning of operations except that the surface of backfilled ar~ me;y be mounded suffici"Bntly to prevent the formation of depressions after final EOettlement tws taken place. storm sewer 3. T6 install said ___ line at such a reasonable depth below the surface of the earth as will permit normal cultivation of the ground~ 40 To operate j use and maintain said storm s ewer pipeline in such manner as will not hinder or prevent the proper cultivation of the tract through which this right-,of-way is hereby grantedo 5. _:'----.--.-....,-,..,..."_.....___alt:I"'""".......,,,...-':"O':''C:>.....<.m:Il:E>=ma:lCE::....-.._.''''','~....,,_~,=''''''''....>.:I:.,.''''''"'~~<:.......<EC'-...=>:>l:1li>_..-..-.,,_________________ ) ~ ss COUNTY OF GALLATIN ) , IF . On this /1/ - day of ~//'I / , l"~ before me, Notary Pu~lic for t~e ~tate of Montana, personally appeared [/0;1. /] {L lei t7 r- known to me to be the person__ de ribed in and who signed the foregoing instrument as Grantor__, and acknowledged to me that f~~/ had executed the same freely and voluntarilY9 for the uses and purposes therein expressed. the undersigned a H, /.4//'7 d/;';-- .1/-, ../ 000Fi ~..~--. 00" G~ PAGE LJ dUOK 22 PAGE100 .. 41" .. ~,.. ,.,,,;, ... STATE OF MONTANA IN WITNESS WHEREOF j I have hereunto set my hand and affixed my Notarial Seal O~,),~_~"day,and year in this Certificate first above written.. ." yl/"'......, .. "," ~ ' ..,,~ ". ., ,. ~, .~{ ~' : LJ "L · ~ - . '.~ -_-:- a .-ve-/.:;/ ,/ Notary Public' for the Sta e of Montana Residing, at Bozeman, Montana _ My Commis sian Expireg- J4:~/ L-" p' p;/ ? c: /f If 7 . / / , ~ ", . ( , '" ...r........ <' ~ 1"'1.. . \' STA:I$ OF}10NTANA '1'/,;11 . ) ~ ss COUNTY OF GALLATIN ) On this / If E day of .-I J7 /' /1 ! 9 19~ before me, the und~rsigned a Notary Public for the State(of Montana, personally appeared R. /117/',"- y H.1 r/',:/ w- and F /" '7 "t..- j/,' * rei /r,t -/ , known to me to be the Mayor and Cle{'k 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 villEREOF 9 I have hereunto set my hand and affixed my Notarial Seal on th~"day and year in this Certificate first above writteno .,,\11" ""'; " \.,. '. ,~<....." "\' ",' J . I I ,.. . ; . . ~ ( .v& 1--'- ': i . \' -' ., . , ,., (' , '" , " '1,..-. '. " , d /t1'.~ "~~ , , \ ,: otary Public for the St":"a e of Montana Residing at Bozeman, Montana My Commission expires. :;;''7<'''/'-/ .;70 /?ij ~I / <: : ~'. ", ., , '.. ~. '. ..~ < . '. -, ..... ' . . . . . . . ~ . . t ! . r 1 , " ~ \ j ,.' '"\ INDEXED PLATTED \- State o~ ~ont" County of Gallatin. 5S. Filed for record April 26, 1965 at . 6 P.. M.. and recorded in B. ook _ '3} 01: MISC. pal. 77 CARL L. STUCKY Recorder. Byr?~4~~ Deputy Rt: City of Bozeman , .c. ", Re-record ..!NDEXED _. PLATTED V ~tate of Mont. County of Gallgtln, s. e or record. May '5 ,.. t $ . 3 5 A 2 ' 19..,5 a '. .. M.. and recorded in 800k_.~ }___of I\1iscell~neouSpage 97 Carl L . Stucky //, -_.....' // ..'. /-;:j'-n Recorder. By.f '-' /'P-tLJ-i'2f:.; "''/?'';: ../;'''''./.J ~[ Deputy Fee:-- / Rt. City of Bozeman