HomeMy WebLinkAbout74- Cowdrey Easement
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~ INDEXED 24 t',~GE 1365
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. State of Mont.. County of Gallatin. as P'hed for record June 12 , 'tl 74
at 11: 20 A. lot., _ ..""'....lIn Book 21. ~EL~ --.u.65
CARL L. STUCKY Recorder. By , "Lf'. Deputy
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EASEMENT AND RIGHT OF WAY AGREEMENT FOR
SANITARY SEWER
IHIS AGREEMENT, Made and entered into this 5th day of
June A.D. 197~, by and between MARVIN R. COWDREY
and JUDY G. COWDREY & S.A.C.. INC.
parties of the first part, hereinafter called the Grantors___ 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 I H :
WHEREAS, The Grantor-!- are the legal record title owner-!-
of Tract 3 of Rearrangement of the Elks Club Prooerty. Bozeman, Montana
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 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
of way across the above described property of the Grantor-i-. and their
heirs, executors, administrators, successors and assigns, for the pur-
pose 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 particularly provided.
NOW. THEREFORE, in consideration of the sum of $ 1.00 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-! have
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:
1. A perpetual easement a nd right of way for the purpose of install..
ing, 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 fifteen (15) feet in
width being more particularly described as follows:
A strip of land fifteen (15) feet in width lying adjacent to and westerly
of the easterly line of Tract 3 of the Rearrangement of The Elks Club
property in the SW%, Section 8, T2S, R6E. M.P.M.. Bozeman, Gallatin
County, Montana; beginning at that easement described in Gallatin County.
Monta na records Film 14, Pages 654 thru 658, thence running southerly
adjacent and parallel to the easterly line of said Tract 3 to the
southerly line of said Tract.
Together with a coatruction easement fifteen (15) feet in width lying
westerly of and adjacent to the above described easement, said construction
easement to be in effect only during the actual construction of said
sanitary sewer.
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F IL~ 24 >%E :t366
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, repairing, replacing, maintaining and removing
of said sanitary sewer 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 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
in such manner as will not hinder or pre-
vent the proper cultivation of the tract through which this
right of way 1s 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 removing said
utility lines the Grantee will reimburse the Grantors
for any actual damage done to the Grantors premises or
crops.
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5. F IL /.( 24 i,~~E 1367
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 sanitary sewer unless such structure is built,
constructed and maintained in such a manner that it
would not interfere with the operation, use, repair, main-
tainance, replacement and removal of said sanitary sewer
.
2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by
the Grantor!.- or their 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.
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.
S.A.C. Inc.
By: ~/ J (2/i Q""
If-1i ;,~.e;l--r-
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ATTEST:
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STATE OF MONTANA )
: ss
County of Gal~in )
On this 5th day of June in the year 19~~ before me,
a Notary Public in and for said State personally appeared
Ro[':er L. Craft known to me to be the President
_---_ of'-the-corPO;;;tion 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 here~set my hand and affixed my
offieial seal the day and year in th s e rti,fieate fijt ahove written.
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. , t ry Pub 1 i'c, for th State of Montana
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., Residing at Bozeman, Montana
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s t-:.. r,\. .... MY Commission Expir~s Li ,- J t; 1911-
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r Il!l 24 '^',EJ..368
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MARVIN R. COWDREY r
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STATE OF MONTANA )
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County of Gallatin)
On this 5th day of June 1974, before me
a notary public in and for said Stat~ personally appeared
l.1<1 rv i nIl.. Cowilrcy And Jud Y_.iL..~Q5'lA rely .' known to me to be the
persons whose names are sUbscribe<:l/, to th,e" w" ith,1,.,n, irstrument, and acknowledged
to me that they , l~~ \~~~1J;~s1m,1.
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N tary put,,, for ihe State of Monm na
Residing at Bozeman, Montana
My Commission Expires ('/- I L--j 192::1--
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~ IL~ 24 >~GE 1369
THE CITY OF BOZEMAN
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ATTEST:
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Clerk of the City Commission
STATE OF MONTANA )
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County of Gallatin )
On this 5th day of June , 197i-, before me, the
undersigned a Notary Public for the State of Montana, personally,
appeared Edr11Jnd p, Serlivv, Sr., & Erna V. Hsrdinr 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.
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\' ,. I . Notary Pu lic fat the State of
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.~:~ ~~~ /> Montana
'3 F 1\ \.. ~~n My Commission Expires q - ((>71
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