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HomeMy WebLinkAbout75- Christ the King Luthern Church Easement . . , . . FILM 3i PAGE 438 EASIMINT AND RIGHT or WAY AGREEMENT FOR SANITARY SEWER THIS AGREEMENT. Made and entered into this 6th day of October A. D. 1975 ,by and between Christ the King Luthern Church 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 Lot 3, Block 4, Thompsons Third Addition more particularly described below, and WHEREAS, The Grantee. in the exercise of its power and authority as a municipality of the State of Monmna, proposes to construct and install a sanitary sewer and necessary appurtenances to serve various properties located within the southeast portion of the City of Bozeman and Qne 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 easement and right o~way across the above described property of the Grantor___, and its heirs, executors, administrators. successors 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 particul- arly provided. See n~te - page 3 /---"NOW, THEREFORE, in consideration of the sum of $ and other considerations in hand paid by the City of Bozeman, the receipt where- of is hereby acknowledged. and in further consideration of the coven- ants 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 following 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 thirty (30) feet in width being fifteen (15) feet on either side of the line crossing the northwest corner of Lot 3 described in the following survey; Beginning at a point which is the centerline intersection of South Third Avenue and Kagy Boulevard, a monument box. thence North 890 II' 00" EClst along the centerline of Kagy Boulevard, a distance of 146.63 feet. to the true point of beginning; thence South 300 16' 00" West a distance of 52.55 feet, to the North property line of Lot 3, Block 4 of Thompson's Addition No.3 to the City of Bozeman. as filed in the office of the Clerk and Recorder, Gallatin County Courthouse; thence -1- . . FILM 31 PAGE 439 South 300 16' 00" West a distance of 148.27 feet to the West property line of said Lot 3; thence South 300 16' 00" West a distan ce of 88.93 feet to the centerline of South Third Avenue, said centerline being the West line of Section 18. Township 2 South, Range 6 East, Montana Principal Meridian. ... The perpetual right of ingress and egress to and from said 4. tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said sanitary sewer line 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 line it wi 11 rep lace, at its sole expense, all existing fences. ditches and other appurtenances 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 wi 11 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 sub- stantially the same condition that existed prior to the beginning of operations except that the surface of back- filled 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 line in such 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 should become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replccing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Gran.tors premiBes or crops. -2- > , " . . s. FILM ')"lj PACE 440 U..\i.. The Grantor__ hereby c~venants 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 sanitary sewer line unless such structure is built. constructed and maintained in such a manner that it would not interfere with the operation. use. repair. maintainence, replacement and removal of said sanitary sewer line . 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. administrat~rs. 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. administrators. successor and assigns of the Grantors and upon the successors and assigns of the Grantee. Consideration: The City of Bozeman does agree to grade the triangle between South 3rd. Kagy Blvd. and the present church parking lot to a uniform slope from the streets to the lot as consideration for the granting of the utility easement for a sanitary sewer herein described. This consideration is t. be complied with within the time frame of SID #555. -3- . ~) . . fiLM 31 PAGE 441 IN vr!T?~ESS WHEREOF. The said parties of the first part have hereunto set thar hands and seals the day and year first above written. By: President ATTEST: cr~ Q~~ Secretary STATE OF MONTANA ) : ss county of Gallatin) On this day of , !1::f'>~ in the year 19~,-=--, before me, a Notary Public in and for said State personally appeared ,!,,"T""'T' (' :".0 'r ~..; '.""1"1""' ~ . ('~ T:: 11 known to me to be the l'">rc:- i J,e:- + . of the corporation that executed the within instrument or the person who executed the instrument on behalf of ~id corporation. and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. __;" I ~t; (f l't~ ~ ." , . '.... Notary pu lic for the State of ~ '.' , . ' " Montana "r~ ;:' ft.: "'''a 'F~:' :~ Residing at Bozeman, Montana ~. t' . My Commission Expires ~ !~~? .:~ ,..IL,. . "., '.,"" )p.(' L,' ~ ,:'~.: ;,:' ,,'- , . - . .~~""~"". ~.., '!I",,,.,, .~ ...... -, "'.'..1 -4- ~ .. c , . . ~ r ILM 3i PAGE 442 THE CIty OF BOZEMAN ~~k~ ..L:... _~~: ,,~_ . /".....--,. r ,/'~ "'".__ _ By __.'-< ...".,-,.,--;.-.....,---. /. .._ / /c'1 .-;!_<e_'",,_ : .... .,..__ .--:' .. "to. ;"..~ Ma7 - ,.. . A-T'fEST: -"'-" ::'~',_ .. .. " .... ~.:.,...,.. ,~ , . , ;'1'. . i.. ' -\ \ ,J '..~, ~? [~\ ..yc-.~ ~ k-,- LW~ /: /;?V;?<' ..' -/ , , ~A V. HARDiNG. ' II. " ....", \ ~. , , -,. '., Clerk of the City Commission .,I ... . ~ ."'f "" " wPIJl{mn':" 'lo. .' \ "''''#,~..; ~ t'J' .'~ ? \::--;;;;;. - ,</ ,,-~ '>) \' '---" ..l:..r1> ,<-- -__;7~~$' L. City Attorney , STATE OF MONTANA ) : ss County of Gallatin) On this 19th day of November -' 197~, before me, the undersigned a Notary Public for the State of Monmna. personnally. appeared Edmund P. Sedivy, Sr. , and Erna V. Hardin2 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 my Notarial Seal on the day and year in this Certificate first above written. ~ ' I ; .. " ,- " . T~ .~ INDEXED .r> ..,)<,. ..... 22084 .' .... ,/ PLATTED , I ,,~.~ \. :~~ . - It:..~ "". Not ry Public for the Slqat 113f.'tilotit<\na: State of Montana } Residing at Bozeman,: Md;n~a'- ..~ ,'~ : County of Gallatin 55. .. .' ~.,.. "\.,1'-,' I My CommlsSlon ExpHelf.~..'.:' ~ n. \ J,..,. " ..' '. December 8 ,1975 ... . Filed ~,;,.t',... ~iI'-. flOTARY PUB[JC for the State oJJvlontail'fi' .i~ ;' ", at__, 10: 20 A. M., and Residing at Bozeman, Montan<\'." '" ...'1::. . f<ecorded in book~----1_1 of My Commissicrn expires December 11, 1977 -MISCELLANEOUS Page~ CAR L-!. 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