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HomeMy WebLinkAbout65- Westland General Enterprises Easement 1965 replacing, maintaining, and removing said storm sewer line and for dOllf\ 22 PAGE315 EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR S'r0HlvI SEWER LINE THIS AGREEMENT, Made and entered into this 17th day of Sept ember A.D. 1965, by and between Westland General Enterprises, a corpora.t16n partL 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 portions of the Lot 3 of Block 2. Springdell Addition -_. 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 1 i ne 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 easement and right-of-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, such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. d C:>, NOW, THEREOFRE, in consideration of the sum of $/ -" in hand paid by the City of Bozeman, the receipt .,hereof 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 dOhereby grant, bargain, sell, convey, and confirm unto the said Grantee and itS-successors and assigns the following rights and privileges forever: f ROOK ~2 fJ1GE317 60 In the event that it should become necessary for the Grantee to re- enter the GrantorJL premises for the purpose of repairing, replacing, main- taining or removing __ storm 8~2" .pipeline line, t-he Grantee will reimburse the GrantorJL for any actual damage done to the Grantor~ premises or cropso 70 The Grantor,..a.. hereby covenant_. and agree_. 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 line unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance9 replacement and removal of said storm sewer 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 assigns" 30 That_they have. lawfully seized of said premises; that t.hey- have good right and lawful authority to sell the same and that they and their ,heirslI executors, administrators, 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 whomsoevero It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs.~ executors;; administrators, successors and assigns of the Grantor~. and upon the successors and assigns of the Grantee.. . 4~;J~F ';f~IM~j~..<-/, Secretary .1 ;{.// ~d/?<-rLc~J Mayor IN ~VITNESSWHEREOF;J the Grantor~ ,_ have hereunto set their hands_ and seal-D., 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 its corporate seal to be affixed, all on this 17th day of ~eptember >> 196j.o5 bv?)7;; ;;JIERPRIS~S JII /' , President ATTEST~ (_/ c( ",:/ ;--;!~-< ,-"'.',' ('~"--;J.~" " """""t_ .,t':,.{",;~/ / Clerk of the City Commission ..;., APPROVED: ~r, <>--"_. "L ~'~ - C1.ty Attorney /~,ieu;"" ,pz , (C?' . .. .. HOUK 22 PAGE318 .' .. , STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this /7 day of 5~//ft-'n lrF'r , . 1~6 ~- bef'9re-'me.. theundereigned a Notary PUblic for- the State of Montana.. personally appeared P." (d',;- f 6.. j-/".~,), U/3- f ('<Yr /~ ~;.., I~/' known to me to be the person deseri ed in and ,who signed theforegoifiginstrument as Grantor and acknowledgecttome that fbe y ,had executed the same freely and volunt~ily.. for the uses and purposes tnere,in expressed. IN WITNESS WHEREOF.. I have hereunto set my hand and affixed my Notarial Seal on the d9:Y and year in this Certificate first above written. ',"";. .,. " , .~ ,J, ~_. . ,~ ~t: z:7",~,' ,~ ~otary Public '!ar.theSt,Z af Montana Residing _ at Boze-msn.. Montana My Commission Expiru'\"J,;//[h?," i?;; /1/7 STATE OF 'MONTANA ) : ss COUNTY OF GALLATIN ) On this 12--- day of \ 7; ,t/ t/ d /'-" .. 19a..1". before me.. the ~dersigned a Notary Public f, or, the_State of Montana , personally appeared ./:i. /Iii R R. '( N d fl. f< 0 tr.) andc R III} j/ 1/ ~eD)IY(:,.. .. 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. '" ~ ~ gz:' ~0" Notary Public for tZtate of Montana Residing at Boaeman.. Montana My Commission expires. IN WITNESS ~YHEREOF J} I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. STATB ,OF j{ON1'AJIA ., . : SS. COmITY OF GALLAT rn ; On this 17 day of September 1965~ before me~ a NoteD' Public in and for said State.. personally appeared Robert G. Simkins and Georgia J. Simkins, lQlmv:n to me to be the president and secretar-..v.. respectively, of the corporation that execwted this instrument or the persons who executed -the instrument on behalf (}f said corporation, and aolmowledged to me -chat such corporation executed the same. IN VfITNES8 1JIl-1:BRBOF, I IIave her-etmto set my ha:'d and affixed my official seal.. the day and year :1-11 this certifica-ce first abo-ve written. INDEXED ~ ~~l PLATTED V 4-pt1'44-U; Notary Public for the' state of I!!ontana ResidinG at Bozeman, I~ontana My C01Tmllssion expires January 20, 1967 ^',' 'r-. b~ ;~~O - &:Itte of Mont.. County of Gallatin. 58. Filed for record October 11 ,,' t 10. 40 A--'--, ,1965 a . · M.. and recorded in Book 22 of MI SC . par 315 . CARL L. STUCKY Recorder. By ~-e-"et;?/1.~~~~ ;eputy Rt: Clty of Bozeman I'