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Home My WebLink About76- Cowdrey Easement . , . " . . / . FILM 33 ,',1:;56 PAGE iu EASEMENT AND lUGH1' OF WAY AGREEMENT FOR SANITARY SEWER LINE THIS AGREEMENT, Made and entered into this :21. t-J... day of C3!tt d; If A. D. 197 Go ,by and between MARVIN R. and C?J JUDY G. COHDREY 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...! are the legal record title owner~ of property in Section 8. Township 2 South. RRnVp 6 RRst 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 sanitary sewer lines and necessary appurtenances to serve various properties located within the easterly 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 s are willing to grant to the Grantee an easement and right o~way across the above described property of the Grantor~, and th-ir heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said sa ni_ tar'.' sewer 1 i1e and appurtenances and for such other rights of access and incidental -- rights as are hereinafter described, all as hereinafter more particul- arly provided. NOW, THEREli'ORE, 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 Grantors hay,: granted, bargained, sold, conveyed, and confirmed and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following 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 sewe~. 1 ine 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 (:~O) feet in width being 5 A sanitary sewer right of way easement in Tract/of the Rearrange- ment of Elks Club Property, SW{;, Section 8, T2S, R6E, M.P.H., City of Bozeman, Gallatin County, Montana; being a strip of land thirty (30) feet wide fifteen (15) feet on each side of the followilg des- cribed centerline. Being at a point on the west tract line of Tract 5, The Rearrange- ment of Elks Club Property, said point being fifteen (15) feet south of the northwest corner of Tract 5; thence South 660 57' 48" East a distance of one hundred fifty (150) feet, more or less, to the point of intersection with an existing City of Bozeman sanitary sewer line and the end of this description. -1- ~ . I ; filM 33 rvc{ 557 -, "t .A. .... 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 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: l. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said sanitary sewer 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 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 RPwpr linp 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 Crant'orR premises or crops. -2- . ; . FILM 33 FAGE 1558 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. 1 ~, .' ,'" r ~,-JrI 4 ~ dL-r STATE OF MONTANA ) : ss County of Gallatin) On this dfJ-"f4 day of '1"7) a -/ 197.f.z.., before me, a notary pUbli~and ,for said State, pe;sonally appeared ~7~h"i/""" ' I? ,r'!-<<..J'.~1.7 <~ '1)d t4LA~-I known t. me to be the person~ whose name '(5 tJ..... 0 subscribed to the within instrument, and acknowledged to me that ~/ executed the same. / ,,\,,\\ \) ',. .J" ~ " ","., .."H""" (. ~ ',' :': , '-\" Notary blic for th--;;st:I~f~ Montna -f 4, rI ~7 r Residing at Bozeman, MOIJ-~an~~~lli -': l" My Commission Expi res ~ ;~'7/ .lliV:>tt,~\ .- 'I' '..'. <: , it, lr t\ -..;, \J,',,' '';'1 1" ,1.\' -~ ,:L' \",' -4- . . ~ . - . . . FilM 33 PAGE :t559 THE CITY OF BOZEMAN , -~ ' 'j , , . ) ):~ ~y:' ",', b.......-, "~ L' (/. "'e..,.t:?E-7~,"' - J '-.. ' " '.~ (, , Mayor , ,"' I ~ \ r r"f; ,,'~:,., ATTEST: :~~ ",...~ .... APPROVED: ~'), "~' L ~, ,/, , }", '- r:::r-:'--v"f~ ./~_~'-r<-I ,/ / J /' // 'v City Attorney V STATE OF MONTANA ) : ss County of Gallatin) On this 26th day of Hav , 197....6...., before me, the undersigned a Notary Public for the State of Monta na, personnally, appeared James W. Vollmer and Erna V. Hardin~ 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 wrltten. ., 2')'- "...'0 INDEXED It' v--' /.~ J' '.'" .' (~.\ -..,~.1 ~ " (,/n J. ' . . \_~\ .... \ ..":.... :JtJ ...._.. P .;;;r' "" (.... ~ ~.... 'f..~"'.II..." ~TrrD . No y P lie for the at~ .'Monta na .... St t f M t ~iding at Bozeman, Montana:"' nWl'"l' r-r,' ..~ a e 0 on ana } 'l\:(.,y ., . :;: ,~., "1\1, ~ C t f G II t' 55. ....y Comm1ss1on Exp1res "'",., ;,../ ; oun y 0 a a In ; :,.. .: Filed July 14 , 19 76 NOTARY PUBLIC fonlle Sf f~~'->"';,"', /,,//;j \ iC')\:,":,< 10 05 A a " of Montai\a"~" '. at : . M., and Residing at Bozeman ""niB "j>/"".''''',:~,\"" ,33 My Commis ' . ' 'I,," na -"~,,,;.' ':,' ~1 ,>,', Recorded In book of ,SlOn expires December II, 1977 """" ,) '-.:" MISCELLANEOUS page----1i56 .'..,..... CARL L. STUCKY By;;t:4t1B~ Deputy Fee $ -- . Rt: Cit y Offic e ~ . .. / ~ . . FILM 33 PAGE t560 . " ("- --~, --1---------'-'"-~---'--'---" ----~-.-.------~" -, --,- E --, --I . DAne: },IO i( !< I ::; () i'! " ;,-j .~ I ~ H L l~ , II,j C . .'"OJ,1<O: . I . , [-- , CO,"-iSUL.TIN(; ':i'IGii'J .::C~S E,- -I . dY. L.dK. H~LENA, ~r.()NT;\N..\ PAbh".. --.. ---------............... .~"~~~------~~~~~.~~~~~----......--.~-~~._---- ~.'~ ~,~-~~- ......~ ........... 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I I .I // ' ! 1/ /,/ i L__ , / J -- - /,- \:) -- / -~- /' -",. / - - ---" '-- //" -/ lUCI[T-OF-\'lAY Ei'\S~~i-1EN'l' FOR SANI'1'ARY ::-;E~']Jm LINE ~~_.~'_.~~'-----ro,_~__~~~_ _____ ________~_ ._.~._._.._.,_.___~__~_~~_~_ I 1\ sa.ni l~i:lry sewer :eight-of-wa.y casement in Tract~ 5 of the : Rearrangement of Elks Club Property, SW~ Sec. 8, T2S, R6E, ! M,P.M., City of Bozeman, Gallatin County, Montana; being a j strip of Jand 30 fcet wide, 15 feet on each side of the fo]- lowing describeJ centerline. l DE->CJininq at a point on Lhe \\IesL:, tract line of Tract 5, \ 'rhe Rearrar;9crn,~nt of Elk::; Cl11b ProperLy, ~)aicl point being 15 i feet south of the north',yes t_ corner of 'I'ract 5; thence South .; 66"57'/18" East ;':[ (l_i,stance of 150 ["(,1:, more' or less, to the ; ( point of int7-c';ecf~1_on willt_u.n exi~~L:inC:i Cii:,y ~f Bozeman sani- 1 tary 5':oWO.:: llnc and tho end of thls c1so;C:CJpt_lon. i '