HomeMy WebLinkAbout80- Bozeman Federal Credit Union Sanitary Sewer Easement
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8JJ;27 FilM '.I P~GE ".tJ
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Slate 0; "f'On., oun Y (J. ',:: ,L.,. '0>' "~--' ......'. ....--MISCELLANE6'US-.'--_..--
C1t_~;.20____L_M.. and recorded in Book 60 of page~6
..f~ciUe a. BIJiA{jPA Recorder. By ~~ ~~uty
EASEMENT AND RIGHT OF WAY AGREEMENf FOR cJI
SANITARY SEWER
THIS AGREEMENT, Made and entered into this _~~____ day of
VeQembe~. 1980 A. D. 19 ___, by and between BOZEMAN
FEDERAL CREDIT UNION partL- of the fi rst 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
western tract of the West Main Annexation in the SE~, SW~, SII, T2S, R5E
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 and necessary appurtenances
to serve various properties located within the Southwest
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 easemen~and
right of waY-across the above described property of the Grantor ,
and its heirs, executors, administrators, successor.s and assigns,
for the purpose of installing, operating, using, repairing, replacing,
maintaining, and removing said sanitary sewer 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 $ XXXX 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 does 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 thirV~30.0) feet in width being the northern
30.0 feet of Certiflcate ot Survey 215 recorded in tne Gallatin County
Clerk and Recorder's Office, also described as the western tract of the
\Jest t~ain Annexation to the City of Bozeman located in the Southeast 1/4,
Southwest 1/4, Section 11, TownShip 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana. This said easement contains
0.069 acres.
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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 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 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 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.
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fiLM 6:]PlGE 74n
5.
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 residential
sewer unless such structure is built, constructed and main-
tained in such a manner that it would not interfere with the
operation, use, repair, maintainence, replacement and removal
of said residential sewer.
2. That the Grantee may peaceably hold and enjoy the rights and
privileges herein granted without any interruption by the
Grantor or its 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, administrators,
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, administra-
tors, successor and assigns of the Grantors and upon the successors and
assigns of the Grantee.
FILM 68 PAGE 7.tJ
IN WITNESS WHEREOF, The said parties of the fir'st pai't hav(~
hereunto set their hands and seals the day and year first above
written.
STATE OF MONTANA
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County of Gallatin)
On this L~~Y Of~~E'AA~-Et.l~, before me, a notary
public in and for said State, personally appeared
bAtJiLU. ~x..\ML\)~~ known to me to be the person
whose name __ t\-V subscri bed to the
within instrument, and acknowledged to me that ~_~___.
executed the same.
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State of Montana
Residing at Bozeman, Montana
My Commission Expires
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THE CITY OF BOZEMAN
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STATE OF MONTANA
ss
Co un ty 0 f Ga 1 1 at i n
On this 10 day of
Vec.e.mbcJt , 19!~, before me, the
undersigned a Notary Public for the State of Montana, personally,
appeared Dunc.an S. ^iaC.,/I/0:b & El1na V. HaJuiing
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 acknowl edged to me that they executed the same for and on beha 1 f
of sa i d 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.
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~'~~blic for th~ S-tate-ofMonfCi-na
Residing at Bozeman, Montana
My Commission Expires -~J..9.$.L_,_n
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EASEMENT
from
BOZEMAN FEDERAL CREDIT
for
CITY OF BOZEMAN 5.1.0. 626
A perpetual easement for the purpose of installing,
operating, repairing, maintaining a sanitary sewer pipe-
line and appurtenances thereto upon and across, the north-
ern 30.0 feet of Certificate of Survey 215 recorded in the
Gallatin County Clerk and Recorder's Office, also described
as the western tract of the West Main Annexation to the City
of Bozeman located in the Southeast 1/4, Southwest 1/4,
Section 11, Township 2 South, Range 5 East, Principal Meridian
Montana, Gallatin County, Montana. This said easement
contains 0.069 acres.
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