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Home My WebLink About62- Bozeman Deaconess Foundation Easement "- .', " . , :~i'I{)!{ 'r':' i {:"~J ~:',';!;F:3 I~J EASEh'IENT AND RIGHT-OF-WAY AGREEMENT FOR SANITARY SEYwT<:R LINE MIS .;\GREEM~T, :Made and entered into this ::5 C da.y of Oc ~~#.'/, .h. D. 1962, by and ~etween Bozeman n.acon._ Fnnnr1.t.io'n party ot the first part, hereinafter oalled the Grantor , and THB CITY OF - - BOZEMAN, a lILU1icipal oorporatioa of the State of Montana, in Gallatin County, the party of the seoond part, hereinafter called the Grantee. WITNESSETH. 1VHEREhS, The Grantor__ i. the le~al reoord title owner__ of portions ~f the Central Addition to the City of Bozeman. Montana and the Prospect ~ill Addition to the City of Bozeman, M~nt.n. J and WHEREAS, the Grantee, in the exeroise of its power and authority a8 a municipality of the State of Montaaa, proposes to COR.truct and install a Bani tary sewer 11ne trOll the exl.ting .y.tem at East Tamarack Stre~f: and North Rouse a.enue, in the City of Bozeman in an easterly and southerly direction to a point on Highland Boulevard opposite Hillcrest Homes, a portion of which proposed sanitary sewer line would run across the Grantcr.L... land; and WHEREAS, the Grantee desires to ac~uire trom the Grantor , and the - Grantor_ 1. willing to grant to the Grantee an easement and right-ot-way Be ron the aboTe described property ot the Grantor , and - its heir., exeoutor., admini.trator., .uco...ore and a.dpa, for the purpose ot install- ~, opera'tin" u.in" repairq. replaoinc, _lntaln1ng, and rellOYil'lc eai. sani tary .ewer 11,_, and tor suoh other rights ot looe.. and inc1dent81 rights .. are hereinafter described, all IS hereinatter more particularly J;.l"oTided. N()!ii, TBEREP'O~, in consideration ot the '\In at . / ~ . ,in hand pal. by the City of BozemAn, the receipt whereot is hereby acknowledged, and ill further oonsideration .r the OOTenant. and agreement. between the parties hereto, the Grantor has granted, bargained, sold, conveyed, and confirmed. and by these presents doee hereby grant, bargain, sell, convey, and confir.m -.:.rt::. the-::aid Grantee and its successor. and asslgns the !'ollo''J'in,; rights and. ~rt~i~0'~J forever. 1" 11 perpetual elsement and richq,of-way for the ;t;\4r'p",r'J af installing, ope!"Eltin~: using, repairing, replac1n&, uintalning and rem()ving a saritary .ewer -1- , . 'J,' ,l .\"".(1\..110' aGJ1{ t:..U i~fitJtdlJ ~,i.:lfl! and appurtenances thereto Up01'1 Illld acr.1II the Above desoribed property of the Grantor . said easement and right-of-way to consist of a strip of land .J~i!"ty (30) feet in width lying and bein~ fifteen (16) feet on eaoh side of the followin~ described oenter linea Beginning at a point on the South line of East College Street. as platted and of reoord in Central Addition to the City of Bozeman. said point being 25 feet west of the east Ii.. of ,aid Addition. thence trom said point of beginning and at a bearing of S ZOll'E a distance of 249.6 feet; thence a t a bearing of S 28006'W a distanoe of 800.7 feet; thence at a bearing of S 59019'W a distance of 669.3 feet; thenoe S 55006' W a distance of 648.2 feet. more or less to Manhole # 8A as looated and constructed on Hillcrest Homes Prope~ty adjacent to Highland Boulevard. 2. The perpetual ri&ht of ingress ani e,ress to and from Isid tract of land at all rea.onable times for the purpose of in8tallln~. operatin~. usin, repairinE. replacing ~nd maintaining said Banitar,y sewer line and appurtenanoes thereto and for the removin~ of some 11 end when desired by the Grantee. i t8 succeSBorB and assignsl TO H.tVE AND TO HOLD the above described right-of..way with all the appur- tenances and privileges unto the said Grantee and to its succes8Qrs and assign. fore't'er. The Grantee hereby OOT8nsnts and agree. with the Grantor 88 followSI - 1. That in connection with the installing, operating. using. repair. ing, replacin~, maintaining and removing of said sf\nitery sewer line it will replace. at its lole expense, all existing fences. ditches and other appurtenances of said land that may be dietuTbed by its opera- tion in a condition equal to the condition thereot existing before Baid operations were begun. or as near thereto as shall be reasonably possible. and in the event that the same cannot be so replaced the Grantee will pay to the Grantor the reasonable value of the damage done by it to the same. 2. That during .peratians involving excavation. it will remove tram the site any large stones or any kind of debris that may have been exposed by the excavation and remaining atter backfilling is oo~ pleted; and shall leave the finished surface in substantially the same condition that existed prior to the beginning of oferations. except that the surface of backfilled areas may be mounded sutfi- e iently to prevent the :i:o:amation 'ot depJJBSslOns ,'dter final' .ettle- ment has taken place. 3. To install said sanitary sewer line at such a reasonable depth below the surface of the earth as will permit normal cultivation of the ground. 4. To operate, use and maintain said sanitary sewer line in Buch a manner a8 will not hinder or prevent the pr4per cultivation of the traot through which this right-of-way is hereby granted~ it being under- stood that the Grantor shall be reimbursed in full by the Grantee for any actual damage dOne to the crops or the prem:i.ses by virtue of the Grantee's entr,y thereon. The Grantor hereby covenant 8 and agree s with the Grantee as followsJ - -- 1. '!hat at no time will thev build, construot. erect or maintain any perL18nent structure over or above the said I"a:a:cta~y ReWp.r J.in.e unless 3uch structure is built. constructed and ml;::;.crLled. in I'lu~h a manner that it would not interfere with the oper~ticn. use. repair. mainteaaaee. replacement and removal of Baid sanitary sewer line. -2- .. ,. . l . I .. 8DOk CU ijQ!3E~{(jj 2. That the Grantee may peaoeably hold and enj~ the rights and privileges herein granted wi~out any interruption by the Grantor or it, successors and asslgn.. --- -- 3. Th~t it i. lawfully 8e1zed of said premises; that it has ~o~d ~ight and lawfUl authority to aell the same ~nd that ~- and it. h~lr8, executor., administrators, successor. and aesi[J.'ls. tlhall warrant and defend the title to said premises unto said Gr8nt~e, and 1ta successors and assigns forever, a,a1nst the lawful olaia and demand of all perlons whomBoever. It 1. underFtood and agree. by and between the parties hereto that thl. Jlsreement shall be b1iulin't upon the' heirs, exeoutors, 'nd:--.1nlstrators. 8uooea- ~or8 and aS8isna of the Grantor and upon the lucoesaor. and ..Iigna of the Grantee. --- IN yn:mESS mmRBOF', the Grantor. hayehereunto set their hand and scal and the Grantee, The City oi~ozeman, hu hereunto set ita hand"; by i ~s Mayor and its Clerk of the City COllll'll..ion, eaoh thereunto ~ulL-author1zed. and has caused ita corporate leal to b. affixed, all on thil~~~ day of C1d~dh&/'l , 1962. T{ /": J~:' -1'1 'I' :\, 'j\'( D'" "';:1" .\ C ,i'" -:"~-"I:;"" .'" -':j', (" T "('-'-""",) :~: -r /"" :-.:.:- J.."i~. ~..~_I~J ""....I....~ bJ:'l.. '_"C ,..1......J~.,L \~~ ~'.. ...L....!.l. .>_ ~,.,'.....i..., //--)/.(:-- ;.. ...S~ . 7" ./ >;/ ,.". ..< . f. e. <> . ./'", C ..IC,.".-'" ~c" _.-"~' " THE CITY OF BOZEMAN By2 ~~ / ' - 1 / /..// \ '. L-~ 'F ~~tau ah"r Mayor '" , . ArrESTa. (~;J#A~/ c.. on Clerk of the City Commi..1on .1PPROVED. ~ ,:~'-. ~ · ~rt~ cr;1- City Atto~ k::1 ) I .. ) . ) On thl.JO -c!-- __, orCl-c-r--- . 1962, before me, the under.tped a Pub or State of Mon~aD& , pers(\nally ap::,eared --L-e-/X-.-_. . perlon d..or ~e. in !'.lld ..In'" s:\ b"'l'.j~ -';J.l€ ;"~C:"ct"ll'g um~n~.- ac Grantor_ ani-acknowledgcd to l:le -l;}:at, ~.~._ hf\.C ey,.w,'..-ted the freely 8.;ld voluntarily.. for the u.es and pu::;,o,"€'s '~~.-:"s :.n ,~xp.p.c .e..:.. S T.A. TE OF MONT ANA County of val l.t ill sJ.rn.e IN WITNESS vmr.;REOF, I ha.... hereunto set mv hnnd and a:tfixed my Notarial ..3- , , .. ~ c # ...I. " I... , '.. '1 ' 'b'U",i' ,'1'1'" ",.Ii)" (i^"E'J4),d.'. ) .., hw'-- l'"du' l)f-, Seal on the day and year in this Certificate first above written. ;. I':'. ~ 1.::':~',:-:~.::~1, :/~;',~J'..',;:~, -., r ,~" ., ^' , \1".) I." "" : )1' ': ';\~_: ':-',':j S~:~~t\~) 01 t/wr~.~r1fi~, My ~;:;;'.:rI.~' ~.~;I n...,~.;; ;,.,.',;mb'::i ~;:;, P(},~ ,f ,. "~~. . ry Residing at My Commission d--. ,~.. ..,. .~ t .'\ STATE OF MONTANA ) I 88 County of Gallatin ) On this ;'{..1"~ay ot d~r- . 1962. before me. the undersigned. a Notary Publio or e State ~f';Montana. personally appeared. Fred M. Staudaher and C. K. Wilson. known to me to be the Mayor and Clerk of the City Commission respec~ively. of the City of Boze~n. whose name is subscribed to the within ;instrument and aoknowledged to me that they executed the same for and on behalf of said City. IN WI'mESS WHEREOF. I have hereunto set my hand and affixed my Notarial Seal on the d~ and year in this Certificate first above written. ~~___-J Rotary pU . c or the Saate of Montana Residing at ~ Commission expires r.u r/lii; PU'-)l.iC far the; Statc~ of Montana Residing at Bozeman, Montana My Commis~ion Expires May 26, 1965 .; ., \ " -4.- ~1'~...;54 *':";':',",---,j.JL '\ / ~ ~., ,< "'~~_,.,\ November __1~._-_-, 1962 ,. + _,~......_. I"'"r. "........111:11' 1..~,...~ ,.~\~"" ,-:-:: ,_ .., .".._. ".---........---...'...----.-'-----.." -..-- State of ~.~:~-'. C . . 20, I-iIisce11aneo%_"",379 12.45 . P M ..-' ,,- .,,'-,,-\ ,-- ,._'.,.,:;_________c,. ---------- ---------."~-;.--- aL-----~ .jjj-l--liil/{l-~~O'; .,,,. ,.. r":'.r"",::~-.. . r,.:~..J'-y)J~DaputY ._-.!t;M2-,HfJ/~.-:-.,---,-_.-,.;. .'............}. ......'-',. --J--.---