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HomeMy WebLinkAbout74- French Easement . ~ . i . . 1 FILM 25 rAGE 605 .. i " .. , . . . IASDlllft AND alGHT or WAY AGUIMDT lOB. SANITARY SEWER LINES THIS AGUIKINT, Made and entered illto thh 24t:h day of Julv A.D. 197L, by and betweell JACK R. & LAVELLl FRENCH part ies of the first part, hereinafter called the Grantors___ and THE CITY OF BOZEMAN, a munieipal 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 Gralltoro!- are the legal recerd title owner!-- of Tract 5C. Bozeman Creek Annexation 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 sanitary sewer lines and necessary appurtenances to serve various properties located within the southeast 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 GrantorA--, and the Grantor.!..- are willing to grant to the Grantee an easement and right of way across the above described property of the GrantorA--' and th@ir heirs, executors, administrators, successors and assigns, for the pur- pose of installing, operating, using, repairing, replacing, maintainiaa, and removing said sanitary sever lines and appurtenances and for luch other rishts of access and incidental rights as are hereinafter described, all as hereiaafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $ and other considerations in hand paid by the City of Bozeman. the receipt whereof i8 hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the GrantorA- hav@ granted, bargained, sold, conveyed, and confirmed and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its succeSBors and assigns the following rights and privileges forever: 1. A perpetual eae_ent a nd right of way for the purpose of install- ing, operating, using, repairillg, replaCing, ..intaining and removing a sanitary sewer line thereto upon and acrOSI the above described property of the Grantor!--, s.id easement and right of way to con8ist of a strip of land thirty (30) feet in width being the North 30 f.at of Traet 5C of ~hA RnE".n Cr_Ak Annexation to the City of Bozeaan, Montana. .- . I' . " ~ t fiLM 25 PAGE 606 .. " i i , , 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 .anitary sewer lines and for the removing of same if and when desired by the Grantee, its successors and assigns: TO HAVE AND '1'0 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 lines 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 lines in such manner as will not hinder or pre- vent the proper cultivation of the tract through which this right of way is hereby granted. 4. In the event that it should becOlDe 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. . .. . . . . . ~ .' , i i , " filM 25 PAGE 607 5. The GrantorlL- 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 line unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainance, 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 their successors and assigns. 3. That they bave 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 .11 per Ions whomsoever. It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heir., executors, administrators, successor and a8signs of the Grantors and upon the successors and a8signs, of the Grantee. IN WITNESS WHEREOF, The .aid parties of the first part have hereunto set their hands and seala the day and year first above written. /t~j .. -e - JACK R. FRENCH ~ !de-/~!c:-/z// LA VELLt" FRENCH STATE OF MONTANA ) : County of Gallatin ) On this /~1!l day of 3"'-i 197~be~re meiJ. a notary public in and for said State, personally appeared k'.. ~ LA- tl.J nwat known to me to be the per8on~ whose name..5-, ,fJ-'-f? sub'scribed to the within instrument, and acknoWledged to me that jI~1 executed the same. \ -. - " "\ ,:' . . ", ........-', ('." the State of ,::~,~:-,..~ ~ ~~' ,~.~.~.,~.~ ~. "",'t.,". _ Montana ~:~l.::::- ~~ ~. ResidlngatBozema~ MOntana \ ,~ ~ ':;'~" '- };; MY Commission Expires \...:~~~~..... .-" :~.~~,~-:;/ Cj -/)-71 . ", ,..:' r;e .. . +'. q' I .,.... ,~. . , - I" Ii. .., .- " ' ill . . t 1>'" T 1 oJ' " , . FILM 25 PAGE 608 THE CITY OF BOZEMAN 7 ,.6V ".--, ~ "~',,' , ~?"~' /" .I....-=JE~~ APPROVED: ~{~ .........., 1[1)lI: ' , . A'l'TBST: !," '\,.. . rf: .,i' ~d~~ ~ ;"'.' ,', " <(7; ~!/,' L ''l/ ' t .),.-d~... '/,""' ".c,z~_ _'. ERNA, l\U.. .q'" , Q..,....~~~Q1_k of the City eo.missioD. . \ . C..~ STATE OF MoNTANA -~ : ss County of Gallatin__ ) On this 25th day of Julv , 197.A.., before me, the undersigned a Notary Public for the State of Montana, personally, appeared Edmuad P. Sedivy, Sr. .ad Enta V. Hard!., 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 is Certificate first above written. ". .;: I _ ,.' " l'" ! ' ~, \. ,\\ I~ "",'': ":": ~':(") ~ " ' ". Montana, <'\:. ~ __ ro, . _ S.;.- ~ Montana "~\, -', My Coumission Expires 9..11).. 7ll ~~" , ~/,,/:,"' ':';' ,<:' ~71 r",OI< ,\. '. "'" ',' " ',):~f"~,'6 \". ~"'''''''1~;:. J: ',' State of Montana } ss County of Gallatin ' Filed Julv 26 ,19 74 at 8 : 4~ A. M" and Recorded in book 25 of MI SCELLANE OUS Page..-6.05 C L L. STUCKY ty CI rk & R Fee $ -- Rt: City of Bozeman i' .- T 'i' ''i. " . .. '\ ~' ,~ 1<, 1/4 CGRIWER . I I SEe, lij, TlS, 11.1 , , J I- J I z " WI. I ~ ;; WI 0 I en TRACT · . J ji; , , I I >- I ~ r- - - - - - 90.44 8&,0 110,00 ':::! 30' UTiliTY' EA .. '. , I 1-' , "._" I I =- 1- - - - - - - - - - - - - - --. - - - - - - -~,.-. - - - - I - I 5 ' I 0 TRACT TRACT TRACT TRACT TRACT r<"ll I I I 5F 5E. 50 5C 58 I I : I TRACT I I 6 ' I I 1"--____ ICE rCr\D ROAD I I I I I , I 30' UTILIT,Y EASEMENT TR,~CTS5,5B, 5C, 5D,5E,& 5F BOZEMAN GREEK ANNEXATION SCALE: 1"= 100' -.. -.. ' ,,-- - -~~_.","::-w.-_':'.-. .--:--'"'"7--'-.-~~ '-:::c'-:.;----:-..."...;;..:;,"':',:..~~=_...,....-:...__ --,'---.,..-., - ..