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Home My WebLink About74- Farmers Canal Co. Utility Easement fil.M 25 fAGE1372 EASEMENT AND RIGHT OF WAY AGREEMENT FOR UTILITY EASEMENT THIS AGREEMENT, Made and entered into this 17th day of July A.D. 197~, by and between FARMERS CANAL CO. 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 se- cond part, hereinafter called the Grantee. WIT N E SSE T H WHEREAS, The Grantor is the legal record title owner of an easement for use of a SFrip of land 25 feet wide alongside of Sourn-l9th Ave. 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 water, sewer and a driveway with culvert and necessary appurtenances to serve various properties located within the southwesterly 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 easement and right of way ~oss the above described property of the Grantor___, and its heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said water, sewer and driveway with culvefi~d appurtenances and for such other rights of access and incidental rights as are hereinafter des- cribed, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $ 1.00 and other con- siderations 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 parties hereto, the Grantor haR granted, bargained, 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 and privileges forever: 1. A perpetual easement and right of way for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing a water, sewer, & driveway with culvert thereto upon and across the above described property -of---Ehe Grantor , said easement and right of way to consist mimH~D21Hi* -.- J68IB1H__ I~ ---'-.''- of a right to place an 8" sewer ten (10) feet east of the west boundary of the Farmers Canal Co. easement from Koch Street and extending 200 feet south including placement of two manholes; The crossing of the easement with a 6" water main along the south property line of the fire station 286.55' south of the centerline of Koch Street; and placement of a 40" X 65" Reinforced Concrete Arch calvert forty (40) feet long with 8' end sections in the canal proper. F IU.~ 25 rAGE 1373 3. To operate, use and maintain said utilities in such manner as will not hinder or pre- vent the proper cultivation of the tract through which this right of way is hereby granted. 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 water. sewer and culvert 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: I. That. in connection with the installing. operating, using, repairing. replacing, maintaining and removing of said utilities 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 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 sub- stantially the same condition that existed prior to the beginning of operations except that the surface of back~ filled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 4. In the event that it should 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. ;,\ ,.... .- ,,'r, '/ '.. '- ,"'!~ fl , 5. 25 fACE 1374 ~ \l~ The Grantor___ hereby covenants and agrees 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 easement unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, main- tainance, replacement and removal of said utilities . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor_ or their 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, administra- tors, 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. IN WITNESS WHEREOF, The said parties of the first part have here- unto set their hands and seals the day and year first above written. FARMERS CANAL CO. , '{" By: [!rt( ,f ,i) aYe t':fJll ; o~o cQ "', Att;ST: - ' '. 4" -"" " I' ,. '1'i'\, ,. ;;L;,::;"j (LM STATE OF MONTANA ) : as County of Calkin ) II On this / .iT:!. day of f'l (.(j~1 in the year 19]1 befot_e mf), a" N,gtary Pu~e in and for said State personally ap ,e, ar, ed t;t. I)li'tf,(i.tr..'f) i,L J/I.II(fA ' ....t1tnJjL, known to me to be the 'i ',1.,;1'1<. \ C I:' 'of the corpoNtion that executed the within ins rUlDent or the person who executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereuntP~et my hand and affixed my official seal the day and year in this/'ce :ifi~~te,fir8t ~ove written. I ,J!J / 1 {J otary PubllC for t State of Montana Residing at Bozeman, Montana My Conunission Expires 0 ~ ;-I'c) 1921- I <I ~ Il~ 25 (AGE 1375 THE CITY OF BOZEMAN ATTEST: ~ c: //;;;i}?; /. ..., dh<,--, /" a-tC&ftC ERNA v. HARDING, ~ Clerk of tne City Commission APPROVED: q-,-- L~~ . , City Attorney STATE OF MONTANA ) sa County of Gallatin ) On this ~~t day of (/Lt~~ , 197~, before me, the undersigned a Notary Public for ~he State of Montana, personally, appeared EDNUND P. SEDIVY, SR. & ERNA V. HARDTN~, 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. 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. '1l ;, /ftU~L ;;(' ~ir14.J:i' . Notary Public for the Sta-t'e,.'of' _ Montana, Residing a t Boz~n7 ."'-' --" '-.. . Mon tana . My Commission Expires 5/\i~!i',5:" , . ~'~ : . " ...,.. ;" j , ~ ' ~ . . ';:~,,~S8f; . .. ....;,/ 'f. ~> '.,. .... ..... .... , ,.,.... '! ' ..,,"\. '~~, t ,t,~, l \ \ "I" ,\,\~ State of Montana ! County of Gallatin f 55. Filed August 23 ,1974 at 10:00 A. M., and Recorded in book 25 of MISCELLANEOUS Page--.1172 CAR L. STUCKY By, Fee $ Rt: City of Bozeman