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Home My WebLink About75- MT National Bank Easement , , " FILM 29 PAGE 2033 EASIHENT AND RIGHT or WAY AGREEMENT FOR THIS AGREEMENT, Made 11r:t ~4r Ban , Trustee STORM SEWER and entered into this J.J rL day of A. D. 197~, by and between Montana National partI-- 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 Block 9, of Figgin's Addition to the City of Bezeman more particularly described below, and ......... WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install storm sewers and necessary appurtenances to serve various properties located within the southwesterly 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 its heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said storm sewer 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 1s 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 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 ~rty (30) feet 1n width being and lying fifteen (15) feet on ea~h side of the following described centerline: Beginning at the southeast corner of Lot I, Block 9, Figgin's Addition to the City of Bozeman, Gallatin County, Montana; Thence South 890 18' DO" West along the North right of way of Westridge Drive a distance of 123.27 feet to the true point of beginning: Thence North 00 07' 00" East a distance of 139.29 feet; Thence South 890 04' 00" West a distance of 111.69 feet; Thence North 00 13' DO" East a distance of 164.99 feet to a point 15 feet south of the North line of Lot 1, Block 9, Figgin's Addition; Thence South 890 04' 00" West parallel to and 15 feet South of said North line of Block 9 a distance of 175 feet; Thence North a distance of 15 feet to a point on the North line of said Block 9. -1- fiLM 29 FAGE'2034 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 sewer 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 follows: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said storm 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 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 been exposed by the excavation and remaining after backfilling is completed and will leave the finished surface in sub- stantially the same condition that existed prior to the beginning of operations except that the surface of back- filled 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 sewer in such 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 should become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replccing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premiBes or crops. -2- FILM 29 FAGE 2035 s. 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 sewer 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 sewer 2. That the Grantee may and privileges herein the Grantor or its peaceably hold and enjoy the rights granted without any interruption by 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 2036 IN WITNESS WHEREOF, The said parties of the first part have hereunto set ther hands and seals the day and year first above written. Montana Bank of Bozeman, N.A. -; / / ? / ATTEST: 12~4eta~ STATE OF MONTANA ) ------ ----- ss county of Galla tin ) On this 14th day of July in the year 19~, before me, a Notary Public in and for said State personally appeared Rodger E. Clingman known to me to be the President of the corporation that executed the within instrLwent or the person who executed the instrument on behalf of $id corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. , ., )~~.;;,;:,.., . :,',: ~~, , ll.l :. ~ ;,"""j.. No 0 f~ .... '.." f I; - -:]'. ".' Montana ':.. ....... ' ,v" ' Residing at Bozeman, Montana '-I. 'Ir :~''';' :' My Commission Expires '1-/['7 U"',;~, . -4- FILM 29 PAGE 203'1 THE CITY OF BOZEMAN "\i ..... ... _ ' . ," . :t 7 / J ..' .. .' /.. / / /" / -~ ./' ,." "," B~_'~/;;;:../... .".."...... t;;L y ~ ./ Mayor /' <'::----:::7-, .,.,. ...~. '.. '''. \; ,,- ", :' ......~ ". ATTES,T:, L;;...(' ~ , j ... ", ".,," -'.l,' ....... ",- '-'" . "\: ' ~r~t' ". . .~:;:~~~ Clerlt- .ofi:~~ ,City Commission ....*"-:~~~. . . . APPROVED: ? ,(~~~v~S;-~T om' ;c ~y Attorney /' STATE OF MONTANA ) ss County of Gallatin) On this 18th day of Augus t , 197~, before me, the undersigned a Notary Public for the State of Monmna, personnally, appeared Edmund P. Sedivy, Sr., & Erne 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 written. .......' ~ ~ !.t., 1~ .'.- ~..~i ,..t. ';' ,f1~ ,....., ~ -:''''4'''~'\.~","1"..... ~1If.~,~~,,...:-:- '.'J ".7}t.""" ~'II"'~_o:'lII'" ...._" :, _~'" '1" .::' o~ ""::, ,',\ ~\~. 11'1-'''n''II\~'~'f't~',~ . 19638 State of Montana County of Gallatin f 5S. Filed Au.e;ust 18, 19 75 at 11: 30 A. M., and Rec()(ded in book 29 of MISCELLANEOUS Page~3 CARL L. 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