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Home My WebLink About65- Westland General Enterprises Easement (2) WHEREAS, The Grantor is the legal record title owner__ ~ ,. - 10 10 .~ .- ROOK 22 PI1GE311 , '- EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR STORM SEWER THIS AGREEMENT, Made and entered into this 17th day of September A.D. 1961-, by and between Westland General Enterprises. a cornora tion 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 of the lots 17 and IS of R]ock 1, Sprinidell Arlrlitinn ,"- 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 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 their heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said storm sewer 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 $ / DO 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 _ hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: . . , 8(~JK .22 PAGE312 '" 1.. A perpetual easement and right-of-way for the purposeo! installing, oper- ating, using, repairing, replacing" maintaining and removing' a stc;>rm sewer line ,thereto upon and across the above described property of the Grantor--J said easement and right-of-way to consist of a strip of land 20 feet in width lying and being ~ore oarticularly describe to-wit: Beginning at the southwest corner of lot 17 of Block 1 of said Spring Dell Addition; thence northerly along the westerly line of lot 17 a distance of 8 feet; thence easterly parallel to and 8 feet distant northerly from the southerly line of said lot 17 to the easterly line of said lot 17; thence southwesterly along the easterly line of said lot 17 to the southeast corner of said lot 17; thence westerly along the southerly line of said lot 17 to the southwesterly corner of said lot being the point of beginning. ...' Beginning at the northwest corner of lot 18 of said Block 1 of Spring Dell Addition to Bozeman, Montana; thence southerly along the westerly line of said lot 18 a distance of 12 feet; thence easterly parallel to and 12 feet distant southerly from the northerly line of said lot 18 to the easterly line of said lot 18; thence northeasterly along the said easterly line to the northeast corner of said lot 18; thence westerly along the northerly line of said lot 18 to the point of beginning. 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 storm ~ewer line -- and for t he removing of same if a.nd when desired 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 '.-rith the Grantor_ as follows: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said st.QnIl sewer line it will replace, at its sole expense, all existingfenc8s, ditches and other appurtenances of said land that may be disturbed by its operation in a cond- ition equal to t.he condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible. 20 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 lessy 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 leave th~ finished surface in substantially the same condition that existed prior to the beginning of operations except that the surface of backfilled ar~ ma.y be mounded suffici~ntly to prevent the formation of depressions after final settlement has taken place. 30 T6 install said ~orm sewer line at such a reasonable depth below the surface of the earth as will penuit normal cultivation of the groundo 40 To operate, use and mainta.in said stonn 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 grantedo t: ,I. _______...___.-,.:.-.,..,..-.""""".,,~~ucaac><_=>~__._""""c:m..,.._:I_._:>,='___~__.._ur:::>_.<=>._::.""""<:a:>_.____-____________ '. BOOK c~ PAGE313 ,; '6" In the event that it should become necessaryfo.r the Grantee to re- enter the Grantor_ premises for the purpose of repairing, replacing, main- taining or removing ___.,_ storm sewer line, t-he Grantee will reimburse the Grantor_ for a.nyactual damage done to the GrantorL premises or crops" 7" The Grantor_ hereby covenant,!L and agree~ with the Grantee a:6 follows: 10 That at no time will. th.!l_ build, construct, erect or maintain any permanent structure over or above the said storm sewer line __ nnless such struotureis 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 line " 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 3.. That _ thRY h~ve, lawfully seized of said premises; that t.hey ,h~ve good right and lawful authority to sell the same and that t,hey _ and _ t,hei 1" _, heirsy 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 bet.,een 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" IN WITNESS WHEREOF 1I the Grantor.JL, ....lls..V1L- hel"euntoset their handL and sealL and the Grantee, The City of Bozeman.1 has hereunto set its hand, by its Mayor and its Clerk of the City Comm:issionj each thereunto duly authorized, and has caused its corporate seal to be affixed, allan this 17th day of SeDtember 9 1961.<5 - ~ . WESTLAND GENE b~if)j t . J CJ J 'J, } ,t/ fir' 1:;/1- ~:' .j.Lr,'L'4r -<'/. Secretary ~TBE/f:Zu~t(~~__^~J ! Mayor / Pre siden t . '1/' " ATTESTg -.' ./ y;/ /;/ (~' f//, o "/;;Z.c,./ /', c/,,>,'/?t .-4:/' Clerk of the City Commission APPROVED: ........;> ,_..'(--'-~~~ City Attorney /~~1J:/). . / t7 ~) d~ ~~" Notary Public for the.. . tate of Hontanll:- Residing, at Bozeman, Hontana My Commis sion Expire8.~ \ r;, PI) (j ?/ /' \J ;: C /9' ~/ . / / / .. - BQOK 22 PAGE314 ,; '" STATE OF MONTANA ) : 8S COUNTY OF GALLATIN ) /7 day 01 SeD ft='pn/rP/ . 1'6..) ~l\JJ:e me, th.'~signed a for" the State of Montana, ~ersQnallyappeared ---"~ On jJli.$ Noiary pUblic frf' f known to me to be the person_ desc!:.:UiBG- andwho.signed t'he foregoit1g instrument as Grantor and acknowled erne that f;;; e j . . had executed the same freely and voluntarily, for uses and purposes there,in expressed. on SS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal year in this Certificate first above written. " " .0'....' STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this J. '1--. day of ~v !r-i/Y/ 1--('/- , 196,S:- before me, the undersigned a Notary Public for the Sta t"e of Montana ,personally appeared /? ffIJRP,J{ HtJR.J<.t'u/and~RIV/J- V. )/j)RD/IYt1-- , known tome 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 ~mEREOF, I have hereunto set my hand and affixed my Notarial Seal 'ol},,'p~e"9.a,.. and year in this Certificate first above written. .t' 'I. ...- ",I. . . . . I ~ . ~~ ' - -- /. , .. ,/ cf- ,,;r7.pL.IL/ r Notary Public for the S ate of )lontana Residing at Bo,zeman, Montana My Conunission expires. , " "strATE' 6i;' l'ImJ'T.AJiJA SSe County of Gallatin On this 17 day of September 1965, before me, a Notary Public in and for said State, personally appeared Robert G. Simkins and Georgia J. Sinlicins, known to me to be the president and secretary, respectively, of the corporation that executed this instrument or the pers ons who execu'l::;ed the ins trument on behalf ofsa'id corporation, and acknowledged to me that such corporation e.ar:ecuted the sam.e.' Dr ':rUK.:::SS .\'{'n{lnOF J I have hel'eunto set my- hand and affixed my official seal, the day and yefer in this certificate firs'l::; above written. ,. ///,-r:' ~ 7:?'.-' 7" ~.j1 ~ ~7-~IfLL4" / Notary Public for the S~ate of Montana Res iding d Boz eman, Montana l,t! Commission expires January 20, 1967 <'.""1. INDEXED PLATTED .'"\ ..W,' H~.';":;"i.:'9 . ....\":Jo " .( . '", , : " , atate of Mont., County of Gallatin. as. Flied for record at 10:3e A. M.. and recorded in Book 22 CARL L. STUCKY Rt: City of Bozeman of , 1965 pale 311 DeputY. October 11 MISC. '4_,..,."" Recorder. By