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HomeMy WebLinkAbout80- Bozeman Federal Credit Union Sanitary Sewer Easement " ~,t;t City of Bozeman lND=xm_~^\' '~: . PLAlTED \ V 61""" II,.... 8JJ;27 FilM '.I P~GE ".tJ ;. ".. t C t'~ (',""-..,,, S'" ""0'"1' '~u"r I"",'; Januarv 5 ,~. l~ 81 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. filM 6J PAGE "'1',.., , 41: . 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. -2- 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 ~/))-k:1'L_' fl~~/,JL", 17"--;'..r' '...... / ~.~':::.!L::." -- --""':::'::. ._"---~....--'.~- <r' ~:;) k/ ,1 Ji)1 ' U /ZLo, /~;-tx.-4LJ!'1/L/ ;3 J-- '-- (.-1 ss 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. \"\1\\t'J1I'I'",,., ,\\ f /of '" ",,\ ...J ,. II '.I....... ~.. ~' ......it (!~ .... ~"~ .... ."r~./'I'r:.'. ':. j ~"~~'''RlAL \.>', ;: ~:'\'" : ; ~; S'~ B JS.1,,: - ~; k').1J: J i ..,:.~. ), Ii rl.. .:" -:... ~."'".\.~ /1.','.- ~T ~ \" "~if~~.'~.......""'. "'~~l '... .... '. . ..0"- ,,' ""'" ~ c, ~1, r ~,# ,"/"............ ~~ State of Montana Residing at Bozeman, Montana My Commission Expires ~ - L-~ "~L- -4- FILM 6C)PAGE 750 THE CITY OF BOZEMAN . , "...."a . .. .....- , :, .... ,"""COo,. ~. ' ~)~t~T: -~:.. '~ l?{ I,~'..d, , . . '~~\ '""", 1 \;.. , "~,-. . 'V''''\ ", ..". ~. '~i ,;,,~~:.,. /,/ 'i "?, "'~."-f~A,,.~, '" . ,~&/ ,I..,: ~, \" , . , ~l , .~ ,.){1ty Commi ss i on '."'00. ,'Ot1j' '-'APf>-R0~-" ('-\ \ '" 'i /,',-- .' )y/?-->~r."</ ., --- Mayor'~--'--- ~"~- .1~,-- By: --I m) ///.". /././' , '\ ~// ~., 2j" '-/' ( ~n ..... //'<:rdiji-" /cc;,_ . / , C i f tto-r'ney'-~'-~-:r------ 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. . ~ . I 'S.. i ~. . . . ,~~~;\ 1''- . ~....... "",'..\." ",l/()o. ...., ..... ' / /) '. . ~' . ~.~ . .:.t)T '.P' ] . .~ ~~\... ~ ~'~~blic for th~ S-tate-ofMonfCi-na Residing at Bozeman, Montana My Commission Expires -~J..9.$.L_,_n i l $E' . ) \;~. ~;,.~~.:/ .h~ ,......~M/ -5- fILM 6...' ,.-PAGE .... ~ .,. 'v.... 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. " "; I ;1 I' ! 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