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Home My WebLink About80- Hunt Easement . .~ 'Rt: City of Bozeman vi,. , f., i-~-..~l Hlf;29 , \ flU'! 60 PAGE 759 I January 5 1981 U SCELr:;ANEOUS- --. ;' .~!________.____. __~_,__ pago12.~ , Stf'te of :",mt., CD~~.J."'.o. . t 9 .30 11011 and r"c' ,.,1... .1 ,... ".'..;. .,. 60 ,,: a ~,. ~'..'I., ;;';i I.U'r....tf...r,.,,~ I!~ ,,_..Io..~._,h<!t.. _...,.on~.~.,__..."..J PllriPPp a I-hiAg.ei Recorder. Sy EASEMENT AND RIGHT OF WAY AGREEM NT FOR TEMPORARY CONSTRUCTION EASEMENT llty THIS AGREEMENT, Made and entered into th is /.J-( ;1-day of C:S~:kJ--{;::~t-o._/- A. D. l~~ by and between CAROL J. HUNT I part~ 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 a tract of land in the SW~ , SE~ of Section 8, T2S, R6E, more particularly described below, 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 a sanitary sewer pipeline and necessary appurtenances to serve various propertie~ located within the portion of the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS, The Grantee desires to acquire from the Grantor ,and the Grantor is willing to grant to the Grantee an easemenr-and right of waY-across the above described property of the Grantor , and her heirs, executors, administrators, successor.s and assigns, for the purpose of installing, oper~ting, using, .reRqiring, replacing, maintaining, and removing said sanltary sewer plpellne and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly pro- vided. NOW, THEREFORE, in consideration of the sum of $ and other considerations in hand ~id 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 Grantor has granted, bargained, sold, conveyed, and confirmed and by these presents hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the follow- ing rights and privileges forever: 1. A perpetual easement and right of way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a sanitary sewer thereto upon and across the above described property of the Grantor ,said easement and right of way to consist of a strip of land thi)~(30) 'feet in width being more particularly described as follows: Beginning on the southwesterly right-of-way line of Haggerty Lane Frontage Road at Montana Highway Commission station 58+50 of Haggerty lane; said poin~ being on the centerline of the trunk sewer line; thence South 37 35' West, along saidotrunk centerline, a distance of 30 feet, more or less; thence South 4 West, along said centerline, a distance of 515 feet, more or less, to the south boundary of said Section 8 and containing 0.4 acres. A 30 foot wide temporary construction easement is provided lying easterly and adjacent to the above descirbed easement as shown on the attached Exhibit A. ..' flU~ GOPAUl: ?6() 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 sanitary sewer pipeline and for the removing of same if and when desired by 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 and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantor___ 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 existing fences, ditches and other appur~ tenances 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 for replacement over the trench, and will remove from 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 the finished surface in substan~ tially 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 final settlement has taken place. 3. To operate, use and maintain said sanitary sewer pipeline in Auch manner as will not hinder or prevent the proper cultivation of the tract through which this right of way is hereby granted. 4. In the event that it shodd become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. -2- 5.. fILM 60 PAGE 761 The Grantor hereby c~venants and agrees with the Grantee as f0llows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said sanitary sewer pipeline unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainence, replacement and removal of said sanitary sewer pipeline 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor__ or ~ successors and assigns. 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 and their heirs, executors, administrat~rs, 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 whomsoever. It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administrators, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. ~3- t-ILM GO rAGE, 762 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day Jnd year first above written. 6~::ld-7~'C~"~-{:: ~'- ~~ ) County of Gallatin) On this f.:;;v~ay of _ :;;r/---- 192CC, before me, a notary public in anc:r-ro-r--said State, ersonally appeared _~_____"" [1 A l? () l~ :r, 1) (A.. 3..~_ known to me to be the person whose name subscri bed to the -- within instrument, and acknowledged to me that ,s;,fr______~ executed the same. STATE OF MONTANA ss \ .. if. '. '\ I,; 0/"".. .....~\':............. "'. ...... :\' " , './ ..... '::: :\,i'\'i , . .~ ~ ." ~\,' \ ~ . ~. SE",,~~~ . J ~ \ . ~ r "",,, 49 II ....-:,.,. .....;\ ~....". ....* ,. ~ 'It", ~1'\... ......"..." ...... i' '. - fl- - - ... tl"- .~ "'.fill", ...., ' ," '....' t>" 1II>,t....~.c..,.,.....~ pub~o-/2 C State of Montana Residing at Bozeman, Montana t~y Cornnli ss i on Expi res _~li--. cg~~.j+-_J.CJXL- -.4--- " EASEMENT from CAROL J. HUNT fiLM 60PAGE 764 A perpetual easement for the purpose of installing, operating, repairing, maintaUUng a sanitary sewer pipe line and appurtenances thereto upon and across a tract of land lying in the Southwest 1/4, Southeast l/4 of Section 8, Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, described on film 51, page 4094, item 2, filed in the Gallatin County Clerk and Recorder's Office. The easement is more particularly described as a 30 foot wide perpetual easement, lS feet on each side of the trunk sewer line as constructed and described below: Beginning on the southwesterly right-Of-way line of Haggerty Lane Frontage Road at Montana Highway Commission station 58+50 of Haggerty Lane; said point being on the centerline of the trunk sewer line; thence South 370 35' West, along said trunk centerline, a distance of 30 feet, more or less; thence South 40 West, along said centerline, a distance of 515 feet, more or less, to the south boundary of said Section 8 and containing 0.4 acres. A 30 foot wide temporary construction easement is provided lying easterly and adjacent to the above described easement as shown on the attached Exhibit A. .. ,""/10' ~ '''" ~ . " \, ,,' It. .. . . . FILM 60 PAGE 765 II II II II . R/W 55 -to fi1lJ. 55 30' S 57':15'# CITY LIMITS _ SHeD IIAaGER7Y' _LANE. I fJJfv f; 8~ff.' i:l-~ rj,111r}'\OO 5'{\/1r ~~ 5V cXHIt:J/T ~ II