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HomeMy WebLinkAbout80- Sikonia Easement Sikonia and partj~? of the fi rst part, hereinafter ~. RT: CITY OF BOZEMAN .-, 751.13 nLM 56rAo~2385 State of Mont., I,;ounry 01 f:iaJlatin. ':is w-itca Tor r~<;or\.l JUNE 26 , 1,S 80 at ' 9: IDA ., and recorded in Book' 56 of MISCELLANEOUS page 2~-5C3S ' .fUgUe . 13~ Recorder. By {!~ ~. ~~J~Ap~ty " INDeXeD - EASEMENT AND RIGHT OF WAY AGREEMENT fOR --. I pl,Amo STOBM DRAJ1:L_~__ S AGREEMENT, Made and entered into th i s__l(~ay of A. D. 19t" , by and bf:twu:n ,_GeJ?.r:.9.~_~~_JUi.~en L . called the Grantors and THE CITY OF BOZEMAN, a mun'icipal 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 Bozeman Transfer and Storage 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 a storm drai n and necessary appurtenances to serve various properties located within the northeast 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 heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said storm drain and appurtenances and for such other rights of access ana-Tncidental rights as are hereinafter described, all as hereinafter more particularly pro- vided. NOW, THEREFORE, in consideration of the sum of $ 1.00 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 Grantor. has _ granted, bargained, sold, conveyed, and confinned and by these presents does hereby grant, bargain, sell, convey, and confinn 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 sewer thereto upon and across the above described property of the Grantor ~, said easement and riqht of way ~o consist of a strip of land 30 feet in width descrlbed as: A permanent utility easement for the purpose of constructing and maintaining a 15" storm drain through Lot 42, Block 49 of the Northern Pacific Addition to Bozeman, MOntana. Said permanent utility easement shall be 30 feet in width. 15 feet each side of the following described centerline. Beginning at the southwest corner of said Lot 42; thence North, along the east right-of-way of Broadway Avenue, a distance of 30.0 feet to the center- line of said permanent easement; thence East, parallel and 30 feet from the south property line of said Lot 42, to the easterly property line of said Lot 42. '"" flU~ 56rAGE2386 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 drain 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 S as follnws: 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 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 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 Ruch 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 shadd 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 reimburse the Grantors for any actual damage done to the Grantors premises or crops. -2- 5. m~ 56 rAGE 238' The Grantor hereby c~venanta 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 built, constructed and maintained in such a manner that it would not interfere with the operation, use, repa~r. ~aintainence) replacement and removal of said storm draln ~see la below . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor~ or ~ 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, administratrrs, 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. la. The grantee does agree that should the grantors, their successors and assigns desire to build a structure over said storm drain, said drain shall be encased in concrete to a thickness of 6 inches where it exists under a permanent structure should one be proposed on Lot 42, Block 49 of the Northern Pacific Addition to the City of Bozeman. -3- fl~" 56 PAOE 2388 IN WITNESS WHEREOF, The said parties of the first part ha\,'c hereunto set their hands and seals thci day and year first above written. ~(~p(/' . ~~-U-A.j STATE OF MONTANA ) 5S County of Gallatin) On this i~ dllyof \.. 2 (..v-"f!' 19$'CJ, before me, a notary publi.c in and for said State { personally appeared ~AV"'~fl , .L,>,..,{'.( / ~'i.<,.-'I~ .;)-</Vn,,,,,,u) known t. me to be.the pertZ()[\,L,.wh~se name __ ..<C'n , subscr1.bed to the W1 tCHn instrument, and acknowledged to me that i-:1/l-L..-t4. __.._____~__.__~._ executed the same. U ,\il'U''''''"" . ,.,<:~\~~~~ ..q~j.J;J" ... ". -,... 'j' ... ::: .' " r, I I. . ~ ; ."" ~ \ ~" .-: l." ;. .: {S '~t " "t'" l ; ~. ~".,",";.,~...;\.f:....A.: ~,p"" ./ i ....,,~ itJt. ...f ..1 ,~ " ',..11"1' ..........~~;; / ~4,ti;D' ,",0" ..." : 9",1:'i.~~.:... ll~Oj~--_..lOJ.:..-t~._.._______._.___ Not~r~u'ublic for the Stdte of !-Iont.l'il He S 1. d 1. ng a t Do ZeiTl'1l1. Hn n La :1,1 1-Iy Cc:mun i.s s i on Exp i re ,'; "~):/1,/1 >.. --'"' h _~' )CJ v"/ . _Id..."---r--' --__-I_J.-a.J._._.__...~'" { (j -4 - --..,. FIU4 56 PAGE 2389 THE CITY OF BOZEMAN J(2~~4--- Mayor By: ATTEST: p /~ /' ('_0;>l.c'.i... J. r;; '%"Eu-?-:::/ ERNA V. HARDING, ./ Clerk of the City Commission APPROVED: Cit STATE OF MONTANA ) ss County of Gallatin) On thiS.Jfv ~ day Ofg U,/I\..J. ' l~tJ.-, before me, the undersigned a Notary Public for the State of Monmna, personnally, NOTARY f'UBU C for th9 Stata of t!,ontJna Resldiag at Bozeman, Montallll .. ~~ expilllS JanUlllJ 6, 1981 appeared'A $ )) 1 UA...-6- .,J;, 0 ~ known 1Jt.- ~. a.<. I '- WIUl- "'LJ to me to be the Mayor and Clerk of the City Commissiok'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. . ..'~ ';' A '~ or teState of Montana Resi ng at Bozeman, Montana My Commission Expires i ~~ ~ ~~~~ ~~,,~ '~~~ ~ ~~i~\ ~~~~ ~~~ \~~ ~- '. ~ ~'-?('~'.' ' /. ~. t:;-\. ~ '\ ~r\)~ ~ " ~ I~ ~ ~ ',' f\ ~ -, ~ ,~ ~ ~ ~ ~~t\~ ~\.~~ q~J~ ~~~~ --~--- ~~ t ~ .., ~ ~ 9' . I J ~~!~~ I '~~- +-.(--- Bf,OADWAY AVE. nut 56 PAGE 2390 -~ S' ~7 i~;'I/i-/LC 'j .,.~":f;.:f'''C/V,r .r~A';'- I ,g,~...:~~.c- #c: .r 1:~T.-,7" s;'VM;7. ,t?.,r I . r,/rt!'/<.-,'?2::- /"?' ,,-,r:,,", 1..c:-<d-~::;:""-"::7 _~<-,0"..:-:::r$ . \".. / I '~'::;:~ ~~~~~~;::3~-~~~~_~J //1<.....:--.;--><<.- ,~. /v__ --.1 / ~ .~ / <77~: .di",..:5<:::-' ~/ ",,? . ,Y/"TCLf ,1/c. .sT / /' ~~~ 0~~ ~~~ ;:; I\;~ ~~~ ~~~ ~~~ :~ ~ ~\~ ~~ ~~ ~f\ McADOW AVE. (VACATEO) ~~~ ~~~ ~~~ ~~~ II.~' . ~\ t, . \\~ ~r~ ~t~~ , ~ ~ . l: ~ '\~~ ~ \ rt ~~~~~ ~-~~ k:~~'I)~ 1~"~~ ~~~~ ~,~~~ \~~~ ~~~~ ! ~ " ~ ~&~~~ ~~~~~ V;~~\)\ ~t'\~ '\ ~~~~ 1\ ." ~"\ \~~ ~' ~\ [, ~~~ .~,~ ;'\ " k-'-- ~ r=-- ~ Z. I 11\ o 0 X ::tl -I ::t ::\ t\ '- -I-- -t-' iJ:J Cll N j oJ ~ -+J f' ~. - () ):.', ,::P (\ "' c: X. -rl o ~, --.c :+- tJ V -j o ( ~---~ ~- r:-.-- ~ iJA:?': . .....'.1......'..'.....: ,l~;%!i,I.~:.,'.,...' 1.,..'0' ,"'1':":' 'l.il~r; ..'1"'."#'1"'\"" ' , ~j.\~ ,;' .:,~rt~. ". ~.,.,'> ;:~~I....!\,," f. ,;~,..~,t , "l " ~~'f \'l ' .'. . "J':' . " , . . , , .. ~<t . . EASEMENT DJ:;SCRIPTION nUl 56'Ati-= 2391 \ " " '. ' ., June 9, 1980 A permanent utility easement for the purpose of constructinq and maintaining a 15" storm drain through Lot 42, Block 49 of the Northern Pacific Addition to Bozeman, Montana. Said permanent utility easement shall he 30 feet in width, 15 feet each side of the following described centerline. Beginning at the southwest corner of said Lot 42; thence North, along the east right-of-way of Broadway Avenue, a distance of 30.0 feet to the centerline of said permanent easement; thence East, parallel and 30 feet from the south property line of said Lot 42, to the easterly property line of said Lot 42.