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HomeMy WebLinkAbout80- Luehrs Sanitary Sewer Easement ~ Rt: City of Bozeman , , , . , 60 PAGE 766 . flUlJ .. State of Mont., COllnty Of ,;:,';"~i"", 58 F;!cd Tef rf'r~o',!_-----.-I.anuary 5 ,leJ31 aL__2_:)5 ~., and r0C--':',j ':'>; ill i.,/~'<l!< 60 0 MISCELLANEOUS page~6 .fuciUe a. B Udg.a necorder. By eput)' EASEMENT AND RIGHT OF WAY AGREEM NT FOR ---) SANITARY SEWER THIS AGREEMENT, Made and entered into this 17 day of Ve.c.embVL A. D. 19 JUL, by and between ROGER DEAN & SUZANNE P. LUEHRS 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 T H : WHEREAS, The Grantor~ are the legal record title owner of eastern tract of the West Main Annexation in the SE~. SW~. 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 Grantor2-' and the Grantor~ ~ willing to grant to the Grantee an easement and right of way across the above described property of the Grantor~, and thp;r heirs, executors, administrators. successor.s 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 particularly pro- vided. NOW. THEREFORE. in consideration of the sum of $ XXXX 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 shave and by these presents granted, bargained, sold, conveyed, and confirmed do hereby grant, bargain, sell, convey. and confirm unto the said Grantee and its successors and assigns the follow- ing 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 s . said easement and right of way to consist of a strip of land thirty (30) feet in width being in the northern thirty (30.0) feet of Certificate of Survey recorded on film 4, page 19 in the Gallatin County Clerk and Recorder's Office, also described as the eastern tract of the West Main Annexation to the City of Bozeman located in the Southeast 1/4. Southwest 1/4. Section 11. Township 2 South. Range 5 East. Principal Meridian Montana, Gallatin County, Mon- tana. This said easement contains 0.069 acres. . , jlL~ f){)PAGE 767 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 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 9uch 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 shoddbecome 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. I'\L~ 60 rAGE 768 The Grantors 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 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 s or theJ!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. l-ll M 60 PAGE 769 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. ()cJl3t Lf J,,- ~l~~-~-- ---~,-,,- ~~ STATE OF MONTANA ) : ss County of Gallatin) if.- '~ & On this,.(~?=.. day of, VA"b?~,d9_~ before me, a notary public in and for said State, personally appeared :r:.~~,-.L.vehr..5 a,7Cr' ...j//ZClodc. '--:r, ..LveJu'..5 known to me to be the person:> ,.. ...l. whose name.j ~-:af.L_,____~___ subscri bed to the ~-- w'i't_hin instrument, and acknowledged to me that ~__d-~~_ __, _____ \ . executed the same, ~ ~--~,--------,.~._,_........-...... .--............-., _.__.~ ~,' '"" ".. ..~~ '. . , -, ~ ',0>;: (JL~~>-- ' '" t.", \,. ~ I' .. ;... ~' ~ - " , Nota ry Pub 1 i c for the -' .4,,# .~ ,d;" ....".... / Sta te of Man tana .~ " " ~ ' t Residing at Bozeman, Montana . :' .. .~, I ~ ! I " t I I . My Commission Expires "7 -30 ~J:.2- ._,'~,._- -4- . , flL~ GO PAGE 770 THE CITY OF BOZEMAN I~ (' / " c'- ') / I / / I /)/1/} "': /-'t By: ilf:~>'::,,:.-v'-<---/ - r r r N.:.-"--'---I.'~'-- -- -- May~- --~,--" ATTEST: ,~,~ ". '~~\\ ) \\ ,I , .- ;;> ,'" ~.--Y/ ,:/ . ' ,1, <....." :<~&rfg~~}jA~'Q HJ~~:i::?j~ -.,"--- ,.~~" r-k:;,,~~.;:th, e' Ci ty Commi ss i on ,.", ~ ~ :'If " ',tT v" 4,. , 'AP P. D1li1k,rt; . ~ ':1J~ , ' -. , i' I~ /)'0 /// ,//./,:;/ ,''/ , /.'<: ,.",/,-;, -- Z.-t;".yt#~ City- Attorney , ---- ( STATE OF MONTANA ) : ss County of Gallatin) On thi s 17 day of Vc,cc,mbc)( , 19,1_Q.., before me, the undersigned a Notary Public for the State of Montana, personally, appeared _~~can S~~cNab & E!l_na V. H~.c{L~?__ 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 sa i d 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. \, ,.,.',",' /',f '. ~~ ", ".... v I'. ", ", '. 'I "\' i:t . ;' . , . () '; "I "',", ':,',O,T~. !~"ll' ., -:,' '\, No ary Fl 1 ic" for theL-CState of Montana Ql:!t..l.}' : Residing at Bozeman, Montana ~, 1~": f My Commission Expires _---1ill1. 6, 15LBL_ ~, "';; '- ~ , .. .."'~ "" . ,....., .." -5- ; : . . .. . . ' . HU'l 60 rAGE 771 EASEMENT from ROGER DEAN AND SUZANNE P. LUEHRS for CITY OF BOZEMAN S.l.D. 626 A perpetual easement for the purpose of installing, operating, repairing I maintaining a sanitary sewer pipe- line and appurtenances thereto upon and across the north- ern 30.0 feet of Certificate of Survey recorded on film 4 , page 19 in the Gallatin County Clerk and Recorder's Office, also described as the eastern tract of the West Main Annexation to the City of Bozeman located in the Southeast 1/4, Southwest 1/4, Section 11, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. This said easement contains 0.069 acres. " ")" ,...' ,',. ,.,) I.v ' , 'I 0' ~ " l~-' If.,' ( , \, ,1. \ 1.:\, ") , r \IT , . 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