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Home My WebLink About66- Thompson Hereford Ranches Easement EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR GOOK STORM SE~JER PIPE LINE 23 PAGE 121 , . , THIS AGREEMENT, Made and entered into this 20th A.D. 196~, by and between Thompson Hereford Ranches day of July 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. WITNESSETH WHEREAS, The Grantor _ is the legal .record title owner__ of portions of KKi: Lot 3. Block 4. Thompson's Addition No. 3 "- 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 storm sewer pipe line 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 easenent and right-of-way across the above described property of the Grantor--J and its heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing,' replacing, maintaining, and removing said storm sewer 01?e line 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 $ 1.00 in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further con- sideration of the covenants and agreements between the parties hereto, the Grantor_ has granted, bargained, sold, conveyed, and confirmed, and by these pre- sents ~ hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: aWi\ 23 PAGE 122 L A perpetual easement and right.."of-way for the purpose of installing, oper- ating, using, repairing, replacingj) maintaining and removing' a storm sewer pipe line thereto upon and acrose the above described property of the Grantor-, said easement and right-of-way to consist of a strip of lapd t.hi rty (10) feet in width lying and being _ fifteen (15) feet each slde of the lot line common to Lot 3 of Block 4. Thompson's Addition No.3 for storm sewer easement more particularly described as follows to wit: . Beginning at the northeasterly corner of lot 12 of The Rearrangement of Thompson's Addition No.3; thence North 59- 39' 50" East along the northerly line of lot 11 a distance of 15.05 feet; thence at a bearing of North 350 11' 10" West a distance of 150 feet more or less to a point of intersection with the c6Dterline of a waste water ditch as now constructed; thence southwesterly at a bearing of South 590 39' 50" vJest a distance of 30.10 feet ; thence bearing South 350 11' 10" a distance of 150 feet more or less to a point on the northerly line of lot 12; thence North 590 39' 50" East along the northerly line of said lot 12 to the true point of beginning. 20 The perpetual right of ingre 3 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 _11ioe line and for the removing of same if anctWhen ciesi'red 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 1,rith the Grantor_ as follows: 1. That, in connection with the installing, operating, uSing, repairing, replacing, maintaining anD removing of 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 cond- ition 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 top- soil 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 from the site any large rocks or surplus excavated material 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 excavation and remaining after backfilling is completed, and will lea,ve th~ finished surface in substantially the same condition that existed prior to the beginning of operations except that the surface of backfilled ar~ may be mounded suffici~ntly to prevent the formation of depressions after fU1al settlement has taken place. 3. To install said storm sewer pipe line at such a reasonable depth belm', the surface of the earth as will permit normal cultivation of the groundo 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-oaf-way is hereby granted. 5. -------..,---------......."",CIID~""""__~<&J'__....o::::E:><:::D_,_.~,._::l<..::m>_~..,.,,_.........::a..<m:>......a:m_~__..___________ 'f ct;;-nc-u "I'~-'$z~ " ,...d'/ Clerk of the. Ci~y Commission ---, . . dGiJi~ 23 E4Gf123' 60 In the event that i.t should become necessary fO-r the Grantee to re- enter the Grantor_ premises for the purpose of repairing, replacing, main- taining or removing st~rm_~~~ pipe line, t~e Grantee will reimburse the Grantor__. for any actual damage done to the Grantor__ premises or cropso 70 The Granto~__ hereby covenant~ and agree~ with the Grantee as follows: L That at no time will -1h~_. build, construct, erect or maintain any permanent 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 0 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 30 That _;they __. .-.have lawfully sei:z;ed of said premises; that they have good right and lawful authority to sell the same and that they and their heirs~ executors, administrators, successors and assigns, shall lr!arrant 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 whomsoevero It is understood and agreed by and between the parties hereto that this Agreement shall be binding up~n the heirs} executors~ administrators, successors and assigns of the Grantor_ and upon the successors and assigns of the Grantee. , .'., -,' ;':"!"j'.I" IN I,TTTNESS 1.TUti'REOF th G t h h t t . h d .'.- ,~,..\....:., I I, vv.... rU='!ii e ran or__.<~as .ereun 0 se thell" an ~~':).:'_'''...'I;f,\''" seal__ and the Grantee, The City of Bozeman>> has hereunto set its hand, by .;i.t~../:..?, "'~> "-. Mayor and its Clerk of the City Commission, each thereunto duly authorize9-,f"~~~" ,....'1 ....:', _ has caused its corporate seal to.be affixed, allan this 20th day of : .~; ~ :;: ! ::~ .! ; -:;:: ~ July ~ 19610 d/ yf' J~' ~ .~~/;.... :;6?;~j. ;[:"'--i Jii1i,~~:'.;' r - "~".~ . . n (;..J? 7 ~~/ .uu<'~,-" /~;'i:.:;~ ," t€?--r: C/~~/- 0 ~/-tct,~o' ..:~;,,~~ ''<'rA/'';f;7';~/ /"p '" /' "'-;;'R7 '9""~.-?~ t.(",,- " t/c..L(. y;".-u.:....1 . ../ THE CITY OF BOZEMAN ~ ,~ ~ .. r I '(. .. ~ to .f ~L , 6if>; . ..' . ..' .../~:::7 B~. ~y _4, ,?,. Mayor ATTEST:' .,.,.,. I;" I \ 'C. ." , . ' .",! .. ._-....... APPROVED: "~~~ - /~;/L ri2 City Attorney 11 , . It I .. " , ~ 23 PAGE124 STATE OF MONTANA ) : ss. County of Gallatin). t On this r;:::./I/- day of J-- (/ /y , in the year /}/tf<;: before me a Notary Public for the State of Montana, residing at ~~~=~a~~ :~n(~~apr~~~~o~~\~~ ~~p~~~e~.ftl/-~;i, !/Jh'I,;PJ," 4 1)-'t'A / I~; )LL{'dVf/- to be the president (or vice president) or the secretary (or the assistant secretary) of the corporation that executed the within instrument, known to me (or proved to me On the oath of ) to be the persoq)who executed the ",,,w;i,.,~l;1in instrument on behalf of the corporation therein named, ",' ,an(j/2H;.knowledged to me that such corporation executed the same. \>- 'r", , ,~~,,"':',',".:~"':'.~!~,-/~~~ .,' ." l\ \ P, n I ... /,;: - J.' \' ' .4 . \ ,- : '/) ~ ,',. ,< i .,f :; "': .ot, :"":1: I'! f ~..~. "r .... '~, ~ /'- ... .~r' t, :',-"~ ", .'i.,. .J.~... ~~. ... ~\,", .,~..~:....<~,~:;,;,- ",1 .1.0 ., I~, \, \ ~ \."" IJ11 ".\..\\' 'I" " STAtE OF MONTANA ) /// / A/ ~'" ~//.._._-__>/~_({I.,,\i / _ I "'-__ -/ '- If / l, ~- .- ./ . Nota~' Public for the ~ate of Montana Residing at Bozeman, Montana My Commission expires 1);1/11;//"/ ,;;/:,,1 /':,/j::)" ./ .I : SSe County of Gallatin) On this ~'? day of II (/ / ,-'..1 i , 19(/ , before me, the undersigned a otary Poolic for the state or Montana, personally ~~p::r~~ e;//~h~-/Ma~~r "~:d 'C'ierk cI th:ngit:/'C~~'i'sst~~':~~~ecti~~~~ 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. \ \ \ " \ 1, ~ I ~ t t , J , ) I I . \,' , '1 ,<\\ \... \.J jl,.. i~. 1.1./.1' ,..........,...,J .........".... I,;.... "',,;.... ..'"";.... r ," (.111'''' 'l~ ...... ,J; .....0;:.. ."" .' , '. (' 0;;- :::'.. tAn ',',' ::- :': -"': \1, 0" q ,'" "....;:. 1 ~~ ~.~g;':;}".r -;~, 4 ~ ) .~ f ;'" . .j,:) .1 I ,- \ "r' '" -:.....A ,...."~".'".,\...l'~.\" ...J.~l.." If;. , :.7 "\,">;<..~:.. .....~.~ ~,>~- '1, r " , ~ ("'" ' \~.,\. I) " " ,'" 1'11111 l i \ 1 \ \" I' I / /- . . / --I I / .. - ...' "/ ../ ....__,/l l/ N~~:'; ;:bfic f'~r ;~(e- ~tatle of Montana Residing at Bozeman, Montana My Commission expires -7;;//',4'" / .7;..' /5"t/ / INDEXED V G5164 PLATTED State of Mont., County of Gallatin. 58. Filed for record August 23 t 10'05 A ----- a ~~. · ~M., and recorded in Book 23 of MISe. pap CARL L. STUCKY R -/ ?.?/' n r.z..~ , ecorder. By ~l!..e~.t::(j; {..(. n~ ( a>e~ Rt: City of Bozeman Attn: Harold Fryslie , lli:l1t)ti 121 Deputy