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HomeMy WebLinkAbout84- Bozeman Property Limited Partnership Sanitary Sewer Easement .. , '. ;." . ,. \ 4.t nu~84?AGE 436 EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER EASEMENT THIS AGREEMENT. Made and entered into this =~~:~. /\ March A. D. 19 M,.. by and between va Bozeman Property I'S':/ . Limited Partnership party- 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 is the legal record title owner of portions of Tai Lane Addition, to the City of Bozeman, Montana, as IOOre particularly described below, and tlled and ot record In the office of the Clerk & Recorder, Gallatin County, WHEREAS, The Grantee, in the exercise of its power and authority Montana, as a municipality of the State of Montana, proposes to construct and install sanitary sewer pipelines 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 easemenr-and right of waY-across the above described property of the Grantor , and itsheirs, executors, administrators, successor.s and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said sanitary sewer pipeline 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 $ 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 fourteen (14feet in width being more particularly described as follows: Begirming at the center of Section 13, 'Ibwnship Two South, Range Five East: thence S89.24'16"W a distance of thirty (30.0) feet; thence SOO.06'OO"E a distance of six hnndred forty-t\\D and forty-three hnndredths (642.43) feet; thence S89. 24 '16"W a distance of three hrmdred thirty-nine and forty-four hundredths (339.44) feet to the true p::>int of beginning; thence SOO.35'44"E a distance of fourteen (14.0) feet; thence S89.24'16"W a distance of three hnndred seventeen and ninety-five hill1dredths (317.95) feet, to a p::>int on the west toundary of Lot 10, Tai Lane Addition; thence NOO.03' 34"~'T a dis- tance of fourteen (14.0) feet to a p::>int being the northwest co:mer of said Lot 10; thence N89. 24' 16"E a distance of three hrmdred seventeen and ninety- seven hundredths (317.97) feet to the true point of beginning. " .. :"" I" F1U~ 84uGE 4:37' 2. The perpetual right of ingresl and egress to and from said tract of land at all reasonable times for the purpose of in8talling, operating, using, repairing, replacing and maintaining laid sani- tary sewer pipeline and for the removing of .ame if and when desired by the Grantee, its successors and al.ign8: TO HAVE AND TO HOLD the above described right of way with all the appurtenances and privileges unto the laid Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantof___ as follf)ws: 1. That, 1n connection with the in8talling, operating, using, repairing, replacing, maintaining and removing, of said sanitary sewer pipeline it will replace at its sole expense, all existing fences, ditches and other appur. tenances of said land that may be disturbed by Itl operation in a condition equal to the condition thereof exiltlng before said operations were begun, or as near thereto a. .hall 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 top8oil whichever is less, and stockpile said topsoil for replacement over the trench. and will remove from the site any large rocks or lurplul 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 Burface in ,ubstan. 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 .aidsanitary sewer pipeline in Auch manner as will not hinder or prevent the cultivation of the tract through which this right of hereby granted. proper way is 4. In the event that it sholld become nece..ary for the Grantee to re.enter the Grantors premises for the purpole of repairing, replacing, maintaining or removing laid utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crop8. .2.. 5. :FlU4 841'~GE t!38 .. . 'JIll ~ ~.., I 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 rernovill 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 ass i gns of the Grantors and upon the successors and assigns of the Grantee. -3- ,I 1 , ,,,,,,...,,,,,,, "", S" ""I " \ 1\1 E. I, ....,-' t-....'~ ....,.hl Ai "',- ~ -'" \:l .' . .t.""'r' .'.... ..... ''-.6 '.. ~ ~~.- .':*,~,., ,:\~..,7~ ~ f ~/~\ or . R~""~ \ - .. \' .\' , . ~ = : ... : : ~ .n\p U B L\O./ -t' i .. "'", ' '" .. ~ "'-, 1'.. .... r~ .: .. '1...., . ,. I': v ' 1r , J!:!t. ..,...... "'" ,.... "Ii " "'F o~ ,-' '11. U ,,\ ""r',r"II" II' ."" ~ (~ Notary publi the Oru.60'J ~t.aa& 1"" <'-L__4''-''W r;. ('t(L Residing at Izlnr~r'~~ My Commission Expires '5-"2\- o\a . ...~ ~. j . nL~84'?~rG'E 439 IN WITNESS WHEREOF, The said parties of the first part have hereunto set thdr hands and seals the day and written. y l1Q ab general pa x Bozeman Property, Ltd. ('(LEe:, Clf'> STATE OF MeW.mIlA ) c: \.""'rLAf'-'-A.J: S 8 county of g'A.t1A-u-n ) On this A -l-~ day of jM.P--'-'\ in the year 19_2A , before me, a Notary Public in and for said State personally appeared (Z.ulV.--IL"- C. .Jk."-~ ~..) DNLll-c,,- (L:;.~" known to me to be the l~b-.JC---f\.-A<- P~'N~-iL5. f'i'><1."'/V~'" ,p of the ~~ that executed the within instrument or the pc. "{,, o..."L '1,11 person who executed the instrument on behalf of sa id "'~., .-", ('''' v~",+,v;:;l. iv:> j:9' and acknowledged to me that such C8[P~ Ll~n executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year 1n this certificate first above , wrtt ten. -4- .. \.,;, 'I \ . ' . Hi" '8 ,A" ''Dll:T;:'EA"!Ot,,t) ~~,r'M" ~ THE CITY OF BOZEMAN B~2~ Ja es E. Wysocki City Manager ,~"..' , , ~~~~::~t~~~f~~~commission ~~i' ~,,""'''' 1 ~"i ~j ,t,:7:~, ' ',' ....- 0" .1 l;,', 'c" t", .',', . . '....,.' ~ APPROVED: ~ C -s (, /I~"/f&l Ci ty Attorney ( I STATE OF MONTANA S8. County of Gallatin On this 18th day of June, 1984, before me, the undersigned, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin Sullivan, known to me to be the City Manager 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 Ce.:t:'tificate first 2. ". , . ",,,mff",,,,, ~\,\ C...' I"" ,-- lI. . liA "" ~~~~".."..III."'h '" ,--' .'V.... .. 'r"o ~ ~ "ill". TAR"" ~... ~~.. I'll' ,\'0 14(......:.;, \ ~ ~~ 1'.,;~ XL' i ~ "\ " J..; J...t.M. .. !. ' E ~.... 1f'l "'....' :' oj,.... ! '~ ~ 4..~ , ('..i' .... ~.,. ..,.'," ~~ -'ll"€, 1f...:I.~.. fI/('~ ,,"- "',.<, OF ?loot: \' _--- ~~I~, ',,,-.\\ 'tf~H!~'~!"\ above written. ~a~~ Notary Public for State of Montana Residing at Bozeman, Montana My Commission expires 4-30-85 -5- oJ. '. ' '!' (. . ' N00003'34'W 14.00' . J I .. - fILM 84f!GE 441 TAl LANE ADDITION SANITARY SEWER EASEMENT DEDICATION f L INCOL N ROAQ. Center Sec. 13 LOT 6 ~ ..... 0'\ :g ~ LOT 2 ~?I: LOT7 ~ It) ..... ..... - ..... .le') ,10 10) .....0 t::l t::l ~ 138.90' ~~ It) ~... ~ o <:i ~ ..... LOT 3 LOT 9 19000' ~ ~ ~ ~ ..... " \ LOT 8 : \ "" "" LOT4 ... ~ EJti.ting 40' Wide Privote ..... LRood EOumMlf N89024'16"E 317.97' S OQo3S'44"E 14.00' 309.44' S 89 24 /6 W S 89024'16"W 317.95' ~l., -~ 10) ~ g CI) Sanitary Sewer Easement LOT 10 127704 State of Mont., County of Galletin. _ flied.... recerd August 7th at 4: 17 P_M., and recorded in Book 84 of. MISCELLANE01JS ~ ~Wtale Recorder. By (_:?-"rL;N'.'" _7' (l. ;7/7 I'LL Rt: City Hall % Robin Sullivan Fee -0- ~ ~ l.O I 10) C') ..... 10) ~ t\i ~ IQ ~ ~ ::::.; "t ~ ..... ...... ~ ~ ~~ t::l ~C') IQ ~l ~ t.t) iI 1~84 page. --43-6 Dnl.llt'