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HomeMy WebLinkAbout81- Bozeman Town Pump Sanitary Sewer Easement - ,Rt:City of Bozeman ,~" .~.~~- , . I iLA!I::,J FILM 62 PWE 400 H42f78 . St<'!'te cd :.i)IIt., LD.1;,ty ~:," :, -.'.' (-', 62 _______~J1arch J:.~~___ , l ::-4~~ aL__~":45 PM., and recoyC:ed in buU:~0f MISCELLANEOUS page~_____ ..fuciffe <I. fhl.fQtJ Recorder. By ~~.( ~1 /~ DerM' EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER THIS AGREEMENT, Made and entered into this 18 day of February A. D. 19 ~, by and between BOZEMAN Tmm PUMP, INC. part~ 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 Town Pump Annexation in the SW~. SE~. S11. 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. operati~t' using, repairing, replacing. maintaining. and removing said sanl ary 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 $ xxx 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 00 hereby grant, bargain. sell. convey. and confirm unto the said Grantee and its successors and assigns the follow- ing rights and privileges forever: l. 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. .( sai~ easement and right of way to consist of a strip of land thlFtT 30.0 feet in width being a tract of land lying in the Southwest 1/4. Southeast 1/4, Section 11. Township 2 South. Range 5 East. Principal Meridian Montana. Gallatin County. Montana. des- cribed as tract 5 on the Plat of Tora Diteman Property filed in the Galla- tin County Clerk and Recorder's Office. also known as the Town Pump Annexa- ti on to the C-i ty of Bozeman. The easement is more particularly described as a 30 foot wide easement with the northern boundary of said easement described as follows: Beginning at the Northwest corner of the Southwest 1/4 Southeast 1/4. Section 11. Township 2 South, Range 5 East. Principal Meridian Montana. said point being the northwest c06ner of tract 5 on the Plat of Tora Diteman Property; thence North 89 251 East. along the north boundary of said tract 5 on the Plat of Tora Diteman Property. a distance of 145.0 feet and containing 0.10 acres. The western boundary of the easement is the western boundary line of said tract 5 on the Plat of Tora Diteman Property. , . ; FilM 62PAGE 401 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. repair~ng. replacing, maintaining and removing. of said sanltary 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 8uch 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- . 5. FILM 62 P~GE 402 The Gran tor 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 abov~ 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 Gran tor 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. I . , . . FILM 62 P~GE 403 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above writ ten. 2e6/-->~ -.-,.-.-----~~--~--~-- P" -.-' STATE OF MONTANA ) : ss County of Gallatin) -t1v --.-. ..' ..- On this ,L8_ day of L:..-/?--<--)i,l(j;/;.,19_(({, before me'hnotary public in and for said State. personllly appeared ~_25::~_._ glo).-z?- S known to me to be the person__ w ose name __,_. /.$ _~~ subscri bed to the within instrument, and acknowledged to me that ~"~_lc~_~ executed the same. --~~-,,~'~."""""""'--------"'---""''''''----~ / , '''''''''''' C. / --.. f"'-? . '<\':~,.?;.~..~.~~.',,>. ~ot~ ~y . PU~ i i c -~t~~--S , "). .' . ff' ' /::::,/ ..-\f,f/.l> '_ State of Montana ="~:,,,(J\.' " Residing at Bozeman, Montana ~ : ,,.~ T ':. : ,.."" ..: r~y Commi ss i on Expi res '-:: "M:'-~ oj.~- ~ ~ '-.'" . . ~.. ~ 11. ( \..1";...., ",.;~.~.F .~ 11811 <,+-. f9,7 IC;~ II, "f.... '.",., ...... ..' { } .,....' t:' 0' \' ,..' ""'~II"" .' '\\. .Al, '~ -4- . . . . fIL~ 62 PAGE 404 THE CITY OF BOZEMAN ( .--- /",.-- I f3y: Lf1~0-,~--,--.~ll~"I~_:3_:-, //?--- ~~ayo r ATTEST: " , (ff ~:..;~; ," '. ::r27- //c~~' I, ,~.~.~ '."';7'~"i. _~ ":, . ;, -. ....,~.~ ~' /~ l ',.' --",:.-,,--.-::...:..' . . "~------ .' \.)~ ,a,RNA V. ~H, R~ fiG, - . .' tJ: C1 erk of~he. O!iJi'tY Commi 55 i on f "j , . " : ~-i04 ':a, ~ ~PPROVED:', i * i ;(" ,'.... ---~'- ,\.: c,... . ' ::::-:'0 fr-J~~ P{~~Rf of:", .~:: . .,rt':".~ / ~ ".' - "- ' ~ -..~~ - STATE OF MONTANA ) : ss County of Gallatin) On thi s ~~_ day of Febru,ar.;l_' 19BL, before me, the undersigned a Notary Public for the State of Montana, personally. appea red _~un~:.~~_Ma:~~~_~ Ern~_~~=-di::~~ 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 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 n~ Notarial Seal on the day and year in this Certificate first above written. ,.\I,o"n""trf '. ~. \\ ~ ') III ~, ~~-~ .",,~ ~. ~ ~ f"', ,f'~ ,..... "'. :~. cl -'. "" " ~ r 1 Notary. blic for the S te of ~1ontana ' . p'''Jr "')7 , ~ I"''' \~ ,', )I/fj '. ~ =.r{: ... I> ''-'1.1 ~ I ~ ;: Residing at Gozeman. Montana ..",1 . ,,., .... '. """ f = It"; '-( , - ~; : My Commission Expires "lV, r" . :' i --~f'tlTtte'~~;-;,-"'"",,--' '.!' i,:in, t'l.~' -'.. k ,f,.' ''''I .: =: . c:.' tit "'",... -'. ..." ! .~ P.e~:j~q:~g ~;1 i.:'~.:~::::',~'.,'" . ..::r.:....~ \~.,,,..... ".... i". Myi,..~;~~LI:_.,>p '~. ~,!, ,'~<.~ "41": ~l':t'fIt "~t" "'~I...i" .\~:~ . ~ ""l;' 0 ..' . r'\ ~' "" II, ,F'140 " .,' "11'/, III ;',",,'1\' -5- l -. '. y~ - . ./ e / . . . filii! 62 PAGE 405 EASEMENT from BOZEMAN TOWN PUMP, INC. for 600 SOUTH MAIN, BUTTE, MONTANA for CITY OF BOZEMAN S.r.D. 626 A perpetual easement for the purpose of installing, operating, repairing, maintaining a sanitary sewer pipe- line and appurtenances thereto upon and across a tract of land lying in the Southwest 1/4, Southeast 1/4, Section 11, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, described as tract 5 on the Plat of Tora Diteman Property filed in the Gallatin County Clerk and Recorder's Office, also known as the Town Pump Annexa- tion to the City of Bozeman. The easement is more particular- ly described as a 30 foot wide easement with the northern boundary of said easement described as follows: Beginning at the Northwest corner of the Southwest 1/4 Southeast 1/4, Section 11, Township 2 South, Range 5 East, Principal Meridian Montana, said point being the northwest corner of tract 5 on the Plat of Tora Oiteman Property; thence North 890 25' East, along the north boundary of said tract 5 on the Plat of Tara Diteman Property, a distance of 145.0 feet and containing 0.10 acres. The western boundary of the easement is the western boundary line of said tract 5 on the Plat of Tara Oiteman Property. ~ , . L,; ., f (i /,> f",,.' , . \'f" . </ ~O \ \tl i \ (if (' \' 1\ _ I, i)\ ,. . . .\ A" . ('I ,\ 0) V " ) ') r"-" \ 1/' \~~I:~I! f1L~ 62PAGE 4.06 ",' ."y ,iI O I'''' "I <..c'" ) ,) (JU \ ',\ i " . ( n , "", . J' V \' rj' "x' I, ,I." t . 1/' ^ 1'( , . v n-' /C 'v <,V +-c.e . 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