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Home My WebLink About65- Simpson Easement J :'_ ~ . .. BOOK . 22 PAGE 70 ... EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR storm Sewer THIS AGREEMENT, Made and entered into this ;1-1 day of /}p/'l J J , AoD. 1965"; by and between Kenneth W. & Rand! M. Simpson part ies 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 ~ are the legal record title owner~ of portions of the Tract 15 of Homesites~ situated in Section Onel 'I'o';'iTIship 2 South, Range 5 East ~.1.P.:'.:. - 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 stOl"m sewer would run across the Grantor land; and WHEREAS, the Grantee desires to acquire from the Grantor~ and the Grantor2 are willing to grant to the Grantee an easement and right-of-way across the above described property of the GrantorlL, and theiIheirs, executors,aclministrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said s'corm sewer and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly providedo 17 0- NOW, THEREOFRE, in consideration of the sum of $l6 - in hand paid by the City of Bozeman, the receipt ",hereof is hereby acknowledged, and in further con- sideration of the covenants and agreements betHeen the parties hereto, the Grantor....!. are granted, bargained, sold, conveyed,and confirmed, and by these pre- sents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: aOOK. 22 PAGE 71 L. A perpetual easement and right-of-way for the purpose of installing, oper- ating, using, repairing, replacing!! rnaintainingand removing a storm sewer thereto upon and across the above described property of the Grantor~ said easement. and right-of-way to consJ st of a strip of land ( 30) thirty feet in width lying and being _ thru and across Tract 15 of Homesites, s1 tuated in Section One, Township 2 South, 2ange 5 East E.p.LiI. more. particularly described as follo\~: Beginning at a poiITt on the southerly line of said Tract 15, said point lying 280 feet vresterly from the southeasterly corner of said Tract 15; thence northerly a distance of 120 feet ,-.ore or less to a point on the northerly line of said ,="ract 15, said point lying 290 feet vresterly of the northeasterly corner of said Tract 15. Containing within the above described exterior boundaries .83 acres &ore or less. 20 The perpetual right of ingre s 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 .___~~orm se~ and for the removing of same if and when oesired by the Grantee, its successors and assigns; TO HAVE AND TO HOLD the above described right-.of-way with all the appurten- ances and privileges unto the said Grantee and to its successors and assigns forevero The Grantee hereby covenants and agrees with the GrantorJL 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 tha.t may be disturbed by its operation in a cond- ition equal to the condition thereof existing before said operations were begun, or as nea.r thereto as shall be reasonably possible~ 2. That, during opera.tions involving excavation, it will remove the top- soil from the trench a.rea to a depth of one foot, or to the full depth of the topsoil, whichever is less~ and stockpile sa.id topsoil away from the site any large rocks or surplus excavated material or any kind of the site a.ny large rocks or surplus excavated material or any kind of debris that may ha.ve been .exposed by the excavation a,nd remaining after backfilling is completed, and will leave th~ finished surface in substantially the same condition that existea prior to the beginning of operations except that the surface of backfilled a.r~ nlay be mounded suffici~ntly to prevent the formation of depressions after final set.tlement has taken place. 3. To install said -p.torm sev{~ line at such a reasonable depth below the surface of the eart.h as will permit normal cultivation of the ground. 40 To operate, use and maintain said storm sewer pipeline 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. ! ~ _.___ID:II_-.____..,,_-._...._.-:r_~CDlo<::E:>oa.l._.._u~~"""'~<:n:><:::I..:.c::ICI__._..:.~,_._...,'Z:l'_._.~~.....___....,,_.-=---__..,.______________ ". aOOK 22 PAGE 72 ~7' 60 In the event that it should become necessary for the Grantee to re- enter the Grantor.!.., premises for the purpose of repairing, replacing, main- taining or removing ~3rm_~ewer line,t-he Grantee will reimburse the Grantor~ for any actual damage done to the Grantor~ premises or cropso 70 The Grantor~ hereby covenant~_., and agree.!- with the Grantee as follows: l~ That at. no time will ~~ 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, maintenancej replacement and removal of said storm sewer o 2. That the Grantee may peacably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor~ or their successors and assignso the 30 That Grantors 2;!:e__--- lawfully seized of said premises; that they ,-Dave good right and lawful authority to sell the same and that they and t~i!:-- heirs" executorsj administrators, successors and assigns" shall warrant and defend the tit.le 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" execut.ors~ administrators, successors and assigns of the Grantor!_, and upon the successors and assigns of the Grantee~ IN WITNESS WHEREOF" the Grantor2, ,~_~ve hereunto set their handA- and sealL 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 it s corporate seal to ,be affixed, all on this /_) day of ~p"... / / /7(:..$- ~ ~ ATTEST~ ~ ' ...---," ..... .... .' -----: __' '-""L-'u.:.Z/ )1.-.' ~~-r-7t-:J-~""\... / ~~OOF~~~ BY~~ / Mayor ( / s,..) ~. 0~ f,._'_. /;I...(-'M?<:/ L' L.~Y Clerk of the City COmmis~n APPROVED: /~ / "-y<-- /l, iI":' - City Attorney ,;(.'.'.<.:.~:J, IA. ./. / I" .~ ...- aGoR 22 PAGE 73 STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) -tl1 . On this /5- day of It pr I / , 1.,6~ - before me, the undersigned a Notary PUblic for the State of Montana, personally appeared K r,'l ,I} f' +h a/ I dn4 Rq/JJ; /1, S(~'7PS0'7 known to me to be the person_ described 'in and who signed the foregoing instrument as Grantor_and acknowledged to me that "'1-/, e -I had executed the same freely and voluntarily, for the uses and purposes therein expressed. II". If! '1'1 , "", ',":IN "\f.[TNE38 WHEREOF, I have hereunto set my hand and affixed my Notarial o~'.~h~"dai.'-al1.121:Y'~ar in this Certificate first above written. ,: .:, ( 1;.. ,,' I -',.' . ~ /. ') : "f.'''': II :- , : ( : Seal . " ~ .~.. ,_, . '. -~, ~ :."71 ~.''l..' : .. ';<111 .' _J. ~.. .<_, ~~ ". \', .. 6tary Public for the St e of Montana Residing at Bozeman, Montana My Commission Expires -,/dHt'd'/' V ,;70 /Y67 / ./ ~ . . . . . . . f . 1(..... ...." - t ',~ ' \ ~ I I; jl""l,\,I\\' STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this J-I day of IJ P f- I / 9 196.E, before me, the undersigned a Notary Public for the St~tk of Montana, personally ,appeared p., }/I}RR Y 1'1 d~ R 0 W and E A Nil v: /-IA-P.. IJ / AIr;- , known td me to be 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 9 I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above writtenc .,.,...< ;~/ .,\\,'.\\'lll'j'il/! ".r ,~/-:' r ,. : "" ~ ,,"' .1\ \ ,I. ,~ ' ,r , .. ~ I" otary Public for the St- te of Montana Residing at Bozeman, Montana My Commission expires.Jdwv.7/' -( ;zo; /9't1'7 /, / \." " ~' . -< : t .'''11 -,," ". I .:, , .'~ , " .~ J. ~ <, ,-...~-' 11-1' < ~ .....1.. ,'" . ') i ! I ] ~ \ ' " ',I.~l 'I~EXEP [!LATTED~ state of Mont., County of Gallatin. 55. Filed for r"eCord _ April 26 , 1965 at 2:22 ..P. M..andrecordedlnBOOk~.22 of M~ISC. .~,. 70 ./7,...-;; /, CARL L. STUCKY Recorder. Sy c...-r'J Deputy Rt: City of Bozeman