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Home My WebLink About76- Bonn Easement It t .... r fILM 35 PAGE 471 EASEMENT AND RIGHT OF WAY AGREEMENT FOR. SAIQ.TA&T SEWD THIS AGR.EEMENT. Made and entered into this 20th day of October A. D. 197~. by and between nAIUt 100 partJL- 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 1. the legal record title owner of property III tlii"'SVt, Sit, Sectl0D 7, T2S. 1.61:, M.P.H. - more particularly described below. and WHEREAS. The Grantee, in the exercise of its power and authority as a municipality of the State of Monmna, proposes to construct and install ..1l1tary .ewer and necessary appurtenances to serve various properties located within the .outherl, 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 1. willing to grant to the Grantee an easement and right o~way across the above described property of the Grantor___. and hi. heirs, executors, administrators. successors and assigns, for the purpose of installing, operating, using, repairing. replacing, maintaining. and removing said ..aitar, ..ver and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particul- arly provided. NOW. THEREFORE. in consideration of the sum of $500.00 and other considerations*in hand paid by the City of Bozeman, the receipt where- of is hereby acknowledged. and in further consideration of the coven- ants and agreements between the parties hereto, the Grantor ha. granted. bargained, sold, conveyed. and confirmed and by these presents doe. 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 installing, operating, using. repairing. replacing, maintaining and removing a _____..1l1tary ..we! thereto upon and across the above described property of the Grantor---J said easement and ~!~ht of way to consist of a strip of land 4U' X 40' feet~ ~ being ~re partlcularl, de.cribe4 a. follow.: Beainrdna at the SOUt......t coraer of 101Ul'. Second Sub4i,,18101l to the City of loa_a, MoataM. within tile Soutb..t -k, of the South.. .an -k of Section 7. Tcnm.hlp 2 South, laDle 6 lta.t, ttontana Princi- pal Mlrldan. thance South aloD& the w..t line .xeaaded of .aid BOlln'. Second Subdlvl.lon, . dl.taace of 40 feet. thence South 89. 43' Ea.t, . dietance of 40 fe.t, thance North aloQC a line parallel to ..id w..t line, a dlataace of 40 feet. to a point c~n with the South...e corner of Lot 1, Boan'. Second Subdlvlaion, thence North 89. 43' w..t &1011& the South 11_ of Ionll' a Second ._div18ion, a diatance of 40 f..t to the point of b.alnlliaa. ..id ea._at .hall contain 0.0367 acre.. * A sewer tap to be installed 5 feet north of the manhole. -1- .. ..... . t. FILM 35 PAGE 472 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 .anltary ....r 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: l~ That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said ..nitary .aw.r 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. 3. To operate, use and maintain said ..nitary sewer in such 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 should become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replccing, maintaining or removing said utility lilles the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. -2- !' .... , FILM 35 PAGE 473 THE CITY OF BOZEMAN Q" "-----,.,... - /' / I c:c/.. ?f d'.' ~c:~ ~c..-'.;.-./ --- Mayor ATTEST: -li~tvvv<."" ~fJA---':-"'~{1 E.RNk- -y.-.'-_~, II (;,~~~} tter1t of, _~he City Commission APPROVED: ./ -'". /' ..,.;,::'v'r-~,. >~ -- - ; ) _ r) / / /~'r- //.1 ,.- j v ./ City Attorney STATE OF MONTANA ) ss County of Gallatin) On this :2? t/.. day of Ci ,j-' . 197~. before me, the undersigned a Notary Public for the State of Monmna, personnally, to me to be L liJ # the Mayor and IJv~ known appeared Clerk of the City Cowmission 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. -(. - ....,'.. Not P blic for teState of Montana Re' iding at Bozeman, Montana My Commission Expires .D QJ /~ '7,) . r~ I .~ /....". ".',"'. I ,- . FILM 35 PAGE 474 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. q ---(, STATE OF MONTANA ) ss County of Gallatin) On this Jl/ day public in and for said of (J,j 197', before me, a notary State, personally-Sppeared ~~ ht!~ ~ known t6 me to be the person__ whose subscribed to the within f/c- name iJ- instrument, and acknowledged to me that executed the same. ',' ~ -: ., ~ . -I" " ~ , ,j J' ,.' . ~i ~~.~ ,~'. ,,' ~ "'" \ niT, . -; ,'., - '" ." \1 \ i' l . 0':\' . ~, z'" 1,\.'. "It t., .. ~'~J v 'I' . : r~, L~ ~i~ l!; : .~ \ ~;'",,', -.~,": \ ~ " ... ~t~f ./'_1. .. .....It ..~ ~~~ ~,~.... \ ",,!</ ~".~ .~ '-\,:..~> I~;;' "'~.,' ;;:~> '" :' ! I ~ ~ :.f '.f ~ ~. Notar ublic for the State of Monmna Resi 'ng at Bozeman, Montana My Commission Expires JJ~ II.,? 7 32039 r'NDEXED - PLATTED State of Montana ~ County of Gallatin f 55. Filed November 23,1976 at 4.: 10 r....___M., and Recorded in book 35 .,_of MISCELLANEOUS Page 471 CARL . STUCKY -,..,..~-,._'..,'~ By Fee $ Rt: City of Bozeman -4- ........1 I --Io-J J- ',' I' ~ l1J W 0:: o z c:( ~ l1J N o m . E. STORY 40.0 - o d .... l1J l1J a::: I- en f/ hJ. <:"~-.. . -__ '. " , . "r \ \ I . '..-, } o !1:IIIIII,lo r-..; '>~.!'.!J".\;:::,,;~~,-I\~/," -,~-.tt:t~;~~~~t-;>\)~~~,'l, o' J I~ ~./\~~~..M.. '~"'!.j~:I~""".li~~~~~1~~4:\:.'~7;_I).~ " ~-'I.> '<j ~,..~_"~"........,,~?\-.'(.~I..,\I,_,'j-.... ,~r\::\,'~II,_/. ~ 1;1....,'., ~ r~'1~!WitJi3t~:j2,~~~',~~n;e:Kl:';', I' II.." "~,,j, ".,,, .:~,"~~~~,.~/j( \ i\'\ ,1"/\,\",, t\\/I '!' 1,1 ~J,"I' /" I. ,I ,';I, ;\\'" ."i,;;' '....';~J ~'\' ,,~;- 1~',J~J.~11{~~lfi~~i~~ S 890 46C nu~ 35 ~~~E 4?5 STREET 52.5' ~ N BONN'S SECOND ~UBDIVISION LOT I o o ~ II) 11-) 0 01 d C lJ) s SCA,t.,F.. /"~' 20' BEARING DATuM: BONN'S SECOND SUBDIVISION -'" 50.a' N 8 ,:,". 4 3 w UTILITY EASEMENT - CITY OF BOZEMAN Beginninq at the Southwest corner of Bonn's Second Subdivision to the City of Bozeman, Montana, within. the Southwest 1/4 of the Southeast 1/4 of Section 7, Township 2 South, Range 6 East, Montana principal Meridan, thence South along the West line extended of said Bonn's Second subdivision, a distance of 40 feet, thence South 890 43' East, a distance of 40 feet, thence North along a line parallel to said West line, a distance of 40 feet, to a point common with the Southwest corner of Lot 1, Bonn's Second Subdivision, thence North 8904~' Nest along the South line of nonn's Second Subdivision, a distance of 40 feet to the point of beginning; said easement Shall contain 0.0367 acres.