HomeMy WebLinkAbout71- Horner Easement
R E LEA S E
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SAT 1 S F ACT ION
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The undersigned hereby acknowledges receipt of the sum of $350.00
as full satisfaction for any and all damages to lands, premises and crops
proximately caused by the construction and installation of a sanitary sewer
pipe line by the City of Bozeman, Montana over and across lands and prem-
ises of the undersigned described in that certain "Basement and Right-of-way
Agreement For a Sanitary Sewer Pipe Line" dated the 23rd day of July
1969 and filed of record in the office of the County Clerk and Recorder of
Gallatin County, Montana in Book
4
of Miscellaneous page 1795 . The
undersigned further acknowledges full and satisfactory performance of all
covenants to be kept and performed by the City of Bozeman relating to
replacement of all existing fences, ditches and improvements; the satisfac-
tory restoration of the surface of trench areas and the installation of said
sewer pipe line to depths permitting normal cultivation and hereby releases
and forever discharges the City of Bozeman, Montana from any and all liabil-
ity of any kind or nature whatsoever arising from the performance of each
and all of the aforesaid covenants.
Dated this ~ day of
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Ollise Horner
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Maude C. Horner
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, 1979'.
STATE OF MONTANA )
( ss
COUNTY OF GALLATIN~
On this $ - day of ~, 19,/1 before me, the undersigned a
N,ota.r] "pu" bli,C fO,r,' ~l)e Sta,te, of Montana, personally appeared ~,t. d
~ ~,._tL..4tLt2t__. _C!__A!?ffi----'Ad.__, known to me to be the persons
described in and who signed the foregoing instrument as Grantor and
acknowledged to me that~t~ 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 Seal on the day and year in this ificate first above written.
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Residing at Bozeman, Mo~a
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f iLU 4 f;,~E 1795
EAffi!'.MENT 'hm-;'laGHT...oF.JlAY AGREEMENT
FOR A SAN!T ARY SEWER PIPELINE
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THIS AGREEMENT, Made and entered into this 23rd d::oy of July
A.D. 196 9 , by a,nd between Ollise and Maude C. Horner, parties of the
first part, hereinafter called the Grantor and THE CITY OF BOZEMAN, a
municipal corporation of the Sta,te of Montana, in Gallatin County, the
party of the second pa,rt, hereina.fter called the Grantee.
WIT N E SSE T H :
WHEREAS, The Grantor is the legal record title owner of portions
of the Southlte~<Qalfrt;ertSW!J of Section Th1rty~net31ln!';' R6E', M. P.M. .
and
WHEREAS, The Grantee, in the exercise of its power and authority
as a municipality of the State of Monta,na, proposes to construct and
install a sanitary sewer trunk line to collect and transport sewage and
domestic wastes from various areas within the City of Bozeman to the
new sewage disposal plant site located in the SEt NW~ and SW~ NEt, Section
26, TIS, RSE, M.P.M. would run across the Grantor land; and
WHEREAS, 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, administ~atorB, successors and Assigns, for the purpose of
installing, operating, using, repairing, replacing, maintaining, and
removing said sanitary sewer pipeline and for such other rights of access
and incidental rights as are hereinafter described, all as herinafter
more particulcrly provided.
NOW, THEREFORE, in consideration of the sum of $50.00 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
pa.rties hereto, the Grantors have granted, ba,rgained, sold, conveyed,
and confirmed, and by these presents does hereby grant, bargain, sell,
convey, and confirm unto the said Grantee and its successors and assigns
the following rights a,nd privileges forever:
1. A perpetual easement and right-of-way for the purpose of install-
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property in the Southwest Quarter (swt) of Section Thirty-one (31), TlS,
R6E, and more particularly described as being thirty (30) feet wide,
fifteen (15) feet each side of the following described centerline:
fiLU 4 I'AGE1796
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Beginning at a point five hundred ninety five and fou~tenths (595.4)
feet North of the South line of said Section Thirty one (31) and one
thousand (1,000) feet westerly of the South quarter corner (S~ cor.) of
said Section Thirty one (31), said beginning point being on the West line
of the Horner property as recorded in Book 91 of Deeds of Gallatin Oounty,
page 93; thence easterJ.,yandpa.rallel to the South line of said section
a distance of three hundred (300') feet more or less to a point of terminus
on the East line of said Horner property; as recorded in Book 91 of Deeds
of Gallatin County, page 93 together with a temporary right to enter
and occupy during construction and installation of a Sanitary Sewer,
an additional thirty (30) feet of width northerly of and adjacent to the
above described easement, as shown on the attached Exhibit A.
2. The perpetual right of ingress 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 sanita,ry
sewer'pipel1ne' and. 'tor, the'r4imoving of same if and when deSire.t b,.~the
Grantee, its successors and assigns:
TO HAVE AND TO HOLD the above described right-of-way with all
the appurtenances and privileges unto the said Grantee a,nd to
its successors and assigns forever.
The Grantee hereby covenants and agrees with the Gra,ntors as follows:
1. That, in connection with the installing, operating, using,
repairing, replacing, maintaining and removing of said sanitary
sewer pipeline it will replace, at its sole expense, all exist-
ing fences, ditches and other appurtenances of said land tha,t
may be disturbed by its operation on 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 excava,tion, 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 stock-
pile said topsoil away from the site any large rocks or surplus
excavated material or any kind of debris that may ha.ve been
exposed by the excavation and remaining after ba,ckfilling 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 ma,y be
mounded sufficiently to prevent the formation of depressions
after finRl settlement has taken place.
3. To install said sanitary sewer pipeline at such a rea,sonnble
depth below the surface of the earth as will permit normal culti-
v8,tion of the ground.
4. To operate, use and maintain said sanita.ry sewer pipeline
in such manner as will not hinder or prevent the proper culti-
vation of the tract through which this right-of-way is hereby
granted.
5. Tha.t upon completion of construction and inste,llation of
said sanitary sewer pipeline the grantee will pay to the grantor,
in addition to the above specified money consideration for this
easement, the sum of one dolla,r and fifty cents ($1.50) per
lineal foot for the first one hundred (100) feet and one dollar
($1.00) per lineal foot for the balance of the footage crossing
the property of the grantor as measured on the centerline of
the right-of-way, for damage to the premises and crops by virtue
of the grantee's entry thereon. The paJ~ent herein specified
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f;LU
1 f~GE 1797
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for damages and crops shall constitute full payment to the
gra.ntor for any such damage cP,used to the grAntor's premise:"
a.nd current crops, as an incident to the initiPl construction
and installation of the s8,nitary sewer pipeline pnd appurten-
ances.
6. In the event that it should become necessary for the Grantee
to reenter the Grantors's premises for the purpose of repair-
ing, replacing, maintaining or removing sMitary sewer pipeline,
the Grantee will reimburse the Grantors for any I"ctual dpm8ge
done to the Grantors' premises or crops.
The Gra,ntors hereby covenants and agree with the GrAntee as follows:
1. That at no time will they build, construct, erect or main-
tain anypetm!llfEl'ftt:"%t:Mietureoveror ab6'1rethEfsU:d sA:hite:ry'
sewer pipeline unless such structure is built, constructed and
mr-dnta.ined in such a manner thpt it would not interfere with
the operation, use, repair, m2intemmce, replClcernent end remov21
of said sanitary sewer pipeline.
2. Th.'1t the Grantee may pea.cably hold "1nd enjoy the rights
and privileges herein granted without any interruption b:r the
Grantors or their successors a,nd C'lssigns.
3. That they have been lawfully seized of said premises; that
they have good right and lawful authority to sell the same and
that they end their heirs, 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 la.wful 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, executors, administrCi-
tors, successors Find assigns of the Grantors and upon the succeSfors
and assigns of the Grantee.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and
the Grantee, The City of Bozeman, has hereunto set its hand, by its
l'iayor and its Clerk of the City Commission, each thereunto duly author-
ized, and has caused its corporate S88,l to be affixed, all on this ~
day of Julv , 196~.
(!J{!~a ~1'~~
LLISE HOt/. -
'J1~ ~ f J~VJ-ffiJ07
MAUDE C.. HORNER
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STATE OF MONTANA )
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COUNTY OF GALLATIN )
On this .29t! day of JuL.V , 1969.- before me, the undersigned
a Nota.ry Public for the' State of Montana" personally appeared Ollise and
Maude C. Horner known to me to be the persons described in and who signed
the foregoing instrmnent as Grantor end acknowledged to me thet they
h~d executed the same freely and voluntarily, for the uses and purposes
therein expressed.
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-"IN',1tm::fi$SWHEREOF, I have hereunto set my hand and affixed my
;,~~~'~rw1"'S:~~il}:~e~:' the day and year in this C rtificate first above written.
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$T41'E I lO}!:', MONTANA
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COUNTY OF GALLATIN )
On this 24th day of July ,1969, before me, the undersigned
a Notary Public for the State of Montana:- personally appeared R. Harry
Morrow and Ern a, V. Harding, known to me to be the Mayor e.nd 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
citt~:rt...
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Nota Public for the State of Montana
Residing at Bozeman, M~ana
My Commission Expires MdJ /.~jY~
INDEXED
~~f)5,96 PLATTED
State of Mont., County of Gallatin. .. Filed for record August 7 - '1969
at l~l~ L~':T'U~~recorded i~=er. 4~~~pa.~e~~:5
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Plat numbered: 4 Film - 1795-A, and filed.
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