HomeMy WebLinkAbout65- Thompson Easement (2)
clODK 22 PAGE 22
THIS AGREEMENT, Made and entered into this
A, D. 19~_bY and between fl. Elliott f: & Evelyn
EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR STORM SEWER PIPE LINE
~ 7 day of ,];-...;7 ~/ v--,:;/
S. Thompson, Bozeman. Montana
Husbfmd ;:md 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 Grantee.
WIT N E SSE T H
WHEREAS, The Grantors are the legal record b.tle owners of portions of
the
Lot 25 of Block A, Maple Terrace Subdivision of Bozeman, Montana.
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
sewer pipe lines for the collection and disposal of storm waters from the general
area of
Lot 25, Block A, Maple Terrace Subdivision, Block 1.. Block 2 and
portion of Block 6, Kirk's Second Subdivision ('
vVHEREAS, 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, admirlistrators,
successors and assigns, for the purpose of installing, operating, using, repair-
ing, 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
consideration of the covenants and agreements between the parties hereto, the
Grantors have granted, bargained, sold, conveyed, and confirmed, and by these
pre3cnts do hereby grant, bargain, ";ell, convey, and confi-em unto the said
Grantee and its successors and assigns the following rights and priveleges for-
ever:
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22 PAGE 23
fI, Elliott ~. & Evelyn S. Thompson Lot 25 of Block A. Maple Terrace Subdivision
to City of Bozeman
A utility easement 10 feet in width on and across lot 25 of Block A,
Maple Terrace Subdivision of Bozeman, Montana, more particularly described
as follows to wit:
An easement 10 feet in width for the purpose of installing a storm sewer
in and across lot 25 of Block A, Maple Terrace Subdivision; Beginning at the
southeasterly corner of said lot 25, thence northerly along the easterly line
of said lot a distance of 146 feet to the northeasterly corner of said lot 25;
thence westerly along the northerly line of said lot 25 a distance of 10 feet.
Thence southerly, parallel to and 10 feet westerly distant from the easterly
line of said lot 25 to the southerly line of said lot 25; thence easterly
along said southerly line a distance of 10 feet to the point of beginning.
Being a tract of land 10 feet in width lying westerly of and adjacent to the
easterly line of said lot 25 containing there in .034 acres more or less.
aOOK
22 PAGE 24
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 acrOS3 the above described property
of the Grantors, said easement and right-oi'-way to consist oi' a strip oi' land
ten (10) feet in width; as more fully described herewith:
See attached property description.
2. The perpetual right of ingres3 and egreee to and from said tract of
land at all reasonable times for the purpose of installing, operating, using,
repairing, replacing and maintaining said storm sewor pipe line and appurtenances
thereto and i'or the removing of same if and when desired by the Grantee, jts
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 tho Grantors as follows:
1. That, in connection with the insto.lling, operating, using, repairing,
replacing, maintaining and removing oi' said storm sewer pipe line 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 away i'rom
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 3ite any large rocks or surplus excall:ted ma.to.cial 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 backfilled areas may be mounded sufficiently to prevent
the formation of depressions after i'inal 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 grantod.
5. In the event that it should become necessary for the Grantee to reenter
Grantors premises for the purpose of repairing, replacing, maintaining or
removing said storm sewer pipe line, the Grantee will reimburse the Grantors
for any actual daJrlD,ge done to the Grantors premises or crops.
The Grantors hereby covenant and agree with the Grantee as follows:
1. That at no time will they build, construct, Greet or maintain any
perlp3.nent 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.
aOOK
22 PAGE 25
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On this J:2.- day of:J:7Ilt,,,/,y , 196~ before me, the undersigned a Notary
Public for the State of Nf!.d;"4<C " personally appEared 4,' F//..'d H
11 //r/ L~ v e ! / j) .) ,r//c,"...~J.J...5CUI '
knoWTl to me to be the person~described ln and who signed the foregoing instru-
ment as Grantor~ and acknowledged to me that~~i had executed 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
~~i'tl ,on the day and year in this Certificate first above written.
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Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires L>h'.. /, /::"< ,. / ;l{/ 7
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COUNTY OF GALLATIN
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'STAmE 'OF MONTANA
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On this )7 day Of~</qJ'-{ , 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 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.
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Notary Public for the tate of Montana
Residing at Bozeman, MO~
My Commission expires, ,'7 ;: C;/ /Y'i
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"NDEXED i ,
'PLATTED'''" I
State of Mont., County of Gallatin. 55. F;led for record February 19 .1905
at 11:05 A. M.. and recorded in [l>o~ ~ .01 MISC. page 22
CARL L. STUCKY Recorder. By $ 4 ~ Deputy
Rt: City of Bozeman
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