HomeMy WebLinkAbout81- Kamp & Vandermolen Sanitary Sewere Trunk Easement
Rt: City of Bozeman
~ 1'0e: None
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\ , i \ FILM 64 PAGE 1837
i- State of Mont., County of Gallatin. 59 Flied for record
at-2 : ,32-..LM., and recorded in Book 64 of
,eoo1Il, a. S~ Recorder. By
EASEMENT AND RIGHT OF WAY AGREEMENT FOR
SANITARY SEWER TRUNK
THIS AGREEMENT, Made and entered into this Sa.. day of
Ju/J7~ A, D. 19 SJ / , by and between DANNY J. & JOHN KAMP
& CARL VANDERMOLEN part.ies of the first part, hereinafter
called the Grantor~ and THE CITY OF BOZEMAN, a municipal corpor-
ation 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
a 7.093 acre parcel, Film 54 Page 415 Gallatin County Courthouse
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 [astern portion to 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 ease-
ment and right of way' across the above described property of the
GrantorS , and thelr heirs, executors, administrators, successors,
and assigns, for the purpose of installing, operati.ng, using, repair-
ing, replacing, maintaining, and removing said sanltary sewer
and appurtenances and for such other rights of access and incidental
rights as are hereinafter described, all as hereinafter more particul-
a rly provi ded.
NOW, THEREFORE, in consideration of the sum of $ xxxxx 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 and right of way for the purpose of
installing, operatin~, using, repairing, replacing, maintaining
and removing sanltary sewer thereto upon and across the above
described property of the GrantorS ,said easement and right of
way to consist of a strip of land~hirty (30)
feet in width being Fifteen (15) feet of each s'-CTeofthe following
described centerline:
A line being 15 feet more or less, north of the southerly boundary
line of said property and beginning at a point 154 feet, more or less,
northeasterly when measured radially from the medias centerline curve
of U.S. Interstate 1-90 Station 185+99; Thence S 41 12143" East a
distance of 21 feet to a point 145 feet northeasterly of said center-
line median at Station 186+20; Thence southeasterly 130 feet along
a curve to the left and parallel to said median centerline of radius
2162 feet to a point 145 feet northeasterly when measured radially
from said median centerline curve at the start of a spiral Station
190+12,4;oThence along a spiral curve to the left, having a deflec-
tion of 0 22'34" a distance of 38.26 feet, more or less, to a point
on the east property line, located 145 feet from the said centerline
and the end of the easement.
In addition, a temporary easement 15 feet on either side of the
permanent easement is granted for construction purposes.
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FILM 64 PAGE 1838
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
1n 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 shadd become necessary for the
Grantee to re-enter the Grantors premises for the purpose
of repairing. replacing, maintain~ng 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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The Grantor s hereby c~venants 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
sp-wer unless such structure is built, constructed
and maintained in such a manner that it would not interfere
with the operation, use, repair, maintainence, 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, administratrrs,
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.
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FILM 64 PAGE 1840
IN WITNESS WHEREOF. The said parties of the first part have
hereunto set their hands and seals the day and year first above
written,
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STATE OF MONTANA ) l
: ss
County of Gallatin)
On th is L" day of 19 8"/. before me. a nota ry
pUblic in and for said , personally appeared
~~ to me to be the person
whose name subscribed to the --
~it~~rument. that
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Nary Pub lC for . '; :.:; ,
te of Montana .,'."_._'.:.:.:.~, '';:''
Residing at Bozeman.MQn'tana ....1:(.~:'..'Y:.t
My Commi ss i on Expi r~::' :... '1'1';:"',"::,. \ \.:
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FILM 64 PAGE 1841
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(P&!~ r;;ILL~<k!~-O ~~ .~.. < f--:p~
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Clerk of the City Commission '. , ~. ~l~ 0 j~<: .'~
APPROVED:
STATE OF MONTANA )
: ss
County of Gallatin)
On thi s 16~ day of Qtvk.P, 19~, before me, the
undersigned a Notary Public for the State of Montana, personally,
appeared ~~ ~,~..JLl1.-q.. R~. 61. Lvd.li~~nown 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
abQve written.
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/ .~', , ;f('~\'\. Notary ublic for the State of Montana
f ; ."-' :, L': ; Residing at Bozeman, Montana
. "i'")'''~'. My Commi s s ion Exp i res NO~A~Y PUBLIC flIdhe StItt of Mon~
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;. , ~~', ..... <~ :"... :.... "WIARR 8llHMIA, Montanl
~;.~~ ~<. , ~.~~...... .::'": My commission elpim JlnU11J 6, 1984
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KAMP EASEMENT
FlU~ 64 PAGE 1842
That the parties of the second part hereby give and grant to the parties
of the first part a permanent easement for the installation and maintanence
of a sanitary sewer trunk main over and across the lands owned by said
parties for a 30 foot easement along a portion of the southerly boundary
line of a 7.093 acre parcel owned by the second party as described and
recorded in the Gallatin County Courthouse as Film 54 Page 415 and used
as the Basis of Bearing; and easement being Thirty (30) feet in width
being Fifteen (15) feet of each side of the following described centerline:
A line being 15 feet more or less, north of the southerly boundary line of
said property and beginning at a point 154 feet, more or less, northeasterly when
measured radially from the median centerline curve of U.S. Interstate 1-90
Station 185+99; Thence S 41012'43" E a distance of 21 feet to a point 145 feet
northeasterly of said centerline median at Station 186+20; Thence southeasterly
130 feet along a curve to the left and parallel to said median centerline of
radius 2162 feet to a point 145 feet northeasterly when measured radially from
said median centerline curve at the start of a spiral Station 190+12.4; Thence
along a spiral curve to the left, having a deflection of 0022'34" a distance of
38.26 feet, more or less, to a point on the east property line, located 145
feet from the said centerline and the end of the easement,
In addition to the permanent easement granted as provided above, first parties
shall also have an easement over the lands owned by the second parties here
to of an additional Thirty (30) feet on the northerly side of permanent ease-
ment as a temporary easement to be used during construction, which temporary
easement to be used during construction, which temporary easement shall terminate
and end as soon as said sewer main is installed.
PARTIES OF THE SECOND PART: John Kamp
Danny J. Kamp
Carl Vandermolen
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\ FILM 64 PAGE 1844
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