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HomeMy WebLinkAbout72- Church of Christ Sanitary Sewer Agreement .. . . . .. :-1:; l I LL,~ 16 .. . 527 ;'.',~ ;~: f EASEMENT AND RIGHT OF WAY AGREEMENT FOR :S.:'~.>.I rl1: \:l~.~ S :S~,T2~~~ THIS AGREEMENT, Made and entered into this ::?-7tl1 day of September 197::?- A. D. 197__, by and between Ch.urch of C~l."I"ist part1-- 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 the west one quarter corner (jf ~':ec. 13, '~'2~', ~'~5'~' to the City of Bozeman, Montana more .particularly described below. WHEREAS, the Grantee, in the exercise as a municipality of the State of Montana, install sanitary sewer aiDe li~es an~ to serve various properties located within the portion of the City of Bozeman and one or more the Grantors land- and of its power and authority proposes to construct and necessary appurtenances ~J Oll t !l"'.i.:re s t such lines would run across WHEREAS, the Grantee desires to acquire from the Grantor ,and the Grantor is willing to grant to the Grantee an easement and right of way across the above described property of the Grantor___, and its heirs, executors, administrators, successors and assigns, for the pl1~pU~~ of installing, operating, using, repairing, replacing, maintajnjng, and removing said sa:d.t,C1r" sewer J)j.De :.inc and appurtenances and for __,_.....__ .".......' _..I. ... ,. .......... ,<, . _' '_' ,,__ n. ..__~ such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly pruvided. NOW, THEREFORE, in consideration of the sum of $ and other considerations in hand paid 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 ~:.")8S hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privi- leges forever: 1. A perpetual easement and right of way for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing a sanitary sewer pipe line 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 lying and being l-aore part icn1arly ~l~":ribec1 a:::_.~..:?llows: 3eginning at the '!est onE, quart(or corner of :~ection 13, Tmmshin ;: South, lang~ 5 East, thence easterly alon~ the east west centerline of said ~~ection 13 a distance of tHO hundred three and t,w tenths (201.2) feet; thence South OC 25' \'7(>3t a distance of four hundred fourteen and twenty seven hundredths (414.27) f0et to the true point 02 bi~:~:.,.j:1'~'lLn;~; thence ::orth E50 /:-1' .51~: East a distance of thirty O~.~le /.11-I_r1 O!:~0 ':::e:,:l.~".:,l (_3~;_ .Ie) rec'~; ::he}:1ce _-,Oll"!:,~l 80 ~5 I .\..,i(3~ ~.. n. 1_.1.J..s~~.r; l..r;.:=.-. (.";,f 'tl.\70 ht.P"1dl~ed fiEty C3it)1t 2nd t"fJenty si.x ~.-1.':lT'J.r1..,tPrlt;"'1.S 1:2.5:~', It 2(1) reet; t!:letlCe Sc.lut:l 390 5], I 20;' '/est a distm:e 02 thirty (30)~e(.t; th.en.ce ,'forth Cic 25' East a (1istance of t,,,o hundred fifty eigbt (25i3.) feet to tho true point of beBinning. Contained within the above described exterior boundaries are 7743.90 square feet or 0.178 clcre. of r ~~.:~ 16 2. The perpetual right of ingress and egress to and from said tract of land at all resonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said sanitary sewer ~ipe 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 pipe line it will replace, 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 will remove the topsoil from the trench area to a depth of one foot, or to the full depth of the topsoil which- ever is less, and stockpile said topsoil away from the site any large rocks or surplul; excavated material or any kind of the site any large rocks or surplus excavated material or any kind of debris that may have been ex- posed by the excavation and remaining after backfilling is completed and will leave the finished surface in substantially 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 Semi tary SC':'ler pipeline 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, replacing, maintaining or remov- ing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. 5. The Grantees 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 utility lines unless such structure is built, con- structed and maintained in such a manner that it would not interfere with the operation, use, repair, mainten- ance, replacement and removal of said utility lines. -2- 528 .- . . ~ I ..'~ 1,0 4 529' V"'1o ",.,.. ... c,~ r L~I".t 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, administra- tors, 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. -3- ~ ,,4 t8..\I,: 530 IN WITNESS WHEREOF, The said parties of the first part have here- unto set their hands and seals the day and year first above written. CUUllCH O~~ CHRE~T Bv: IvJ1vl.A~~~ (/. & ~il2;{~ i)end.s jJl,;I:j,J(etter J:Jrii'deM ATTEST: Ch2.1 rr;lan 'L~- Secretary STATE OF MONTANA ) as County of Gallatin) On this 26th day of Seutell)ber in the year 19:J.L, before me, a Notary Public in and for said State personally appeared Dennis O. Blackketter and Rich Reynolds known to me to be the Chairman-8ecretary President of the corporation that executed the within instrument or the person who executed the instrument on behalf of said 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. .W..L41 Notary Public r the State of MOntana Residing at Bozeman, Montana" My Commission ExpiresMay 24 19li> \~ -4- .~ , . \'. :.. L ;' I~ ',,~ :..,," > :. tf'" . ~ '.~~~ ~ ~< ~ \ 1 ~) :' ....:'.\ I" - .....\,...l : ~~ ,..,\.;> ., <:. /~ ~ "', '.." ; . . " '..;~" ~.'" .,.' ~. t. ~....)., / ,. ,,". t.. \~~ "!lE CY . . ..~ 1S "I .531 THE CITY OF BOZEMAN By: ~~ WILLIAM GRA~ Mayor ATTEST: ~~,/ 2:;<~ ERNA V. HARDING, Clerk of the City Commission APPROVED: ( Oh4 City Attorney STATE OF MONTANA ) ss County of Gallatin) On this ~l1J!.- day of S~:P/e:1'tf7e-/ 1972, before me, the undersigned a Notary Public for the State of Montana, personally appeared William Grabow and Erna V. Harding, 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, Notarial Seal on the day written. otary Public fo State of Montana, Residing at B07.eman, Montana My Commission Expires 1"/'5--71 l ':; 1.J!!2.!;XE~~, . PLAnED " .1- '.~~'-~.".. / ""."~,,,:t.:.:.,:........... State of Montana ! County of Gallatin f 55. Filed Octo ber 16 , 1972 at 4: 45 P -*--M., and Recorded in bco',--. 1-9.. of MI SCELLAN:<;O US__page-.522 CARL L. STUCK Y ~,G",..cle;~ "'4 I, . - ' ,. By f . Deputy Fee $ - - Rt: City of Bozeman ... - ^.. ...- -1- -, -'- u_ u--c::..___ W 1/4 COR ...,,1 SEe 1312.5, HSE ------~_...-.--..------- 2032' ~'T-^ L aT I N I Iw ,> 1<1 It;: I~ '(jl \~ f I:) , I,r: II I w ^1 f- -.J <1 >-- I I I SCALL 1"= 100' Ir r0 I -:'~ , I.f) <;t ,N if) >-- n: '<1 to 2: o u w if) " . ~ J ~ __.. ~~:_~~~'.'''''_T''''''''' ".,'/::.'Ir'.~_"....'+___"'___'" LINCOLN ROAD 3OTT--~~l \ : , f- i 7: ! w ~ W N (/) <l uJ <t <t o Z N <;t ~ I~ <t f- I; u ::J 0:: f- (f) Z o u LOT 2 i I i I 31.1' , I 31.1 - -..n N 8:,04\' ~I E I :fo ~ lOT 3 o .' I J .w (\J cri IC) C\J f- 0 Z a:l uJ :;:; C\l uJ If) 10 <( 7.d I'-- w "" ci o <..0 Z o f- U ::J a: t-- (f) Z ~'" )., o i,,- t- U I' l;\J ('-J _. I;;; N I I N 89-;;-SI'20'E 30' I I 3)' ! L_.__.._ .. I I ~}4.3~:__..__._~._._MJ '01 ~---- . :::::: ~ S 890 51'20"W ~,~'---.'~_.'~'-"--~.'-_.,',,"'-'.'''-'' ,., I SANITARY S,EWER. EASEMENT 5 I 0 514 - REMINGTON AODN \ 1 I \ .