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HomeMy WebLinkAbout78- Johnstone Easement , ~ " " . . ; . FirM 43 PAGE 1664 EASEMENT AND RIGHT OF WAY AGREEMENT FOR Water & Sewer Lines to Lots 17 & 18 THIS AGREEMENT, Made and entered into this 17th day of Mav A. 0, 197~, by and between ERIC JOHNSTONE party-- 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 tre Grantee, WIT N E SSE T H : WHEREAS, The Grantor___ is the legal record title owner of Lot 6, Block 35, Imes Addition 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 sewer & water lines and necessary appurtenances to serve various properties located within the northern 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 , is willing to grant to the Grantee an ease- ment and right of way across the above described property of the Grantor ,and hi s hei rs, executors, admi ni strators, successors, and assigns, for the purpose of installing, operating, using, repair- ing, replacing, maintaining, and removing said service lines and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particul- arly provi ded, NOW, THEREFORE, in consideration of the sum of $ - 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 has granted, bargained, sold, conveye~ and confirmed and by these presents does 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, operating, using, repairing, replacing, maintaining and removing awater & sewer line thereto upon and across the above described property of the Grantor___, said easement and right of way to consist of a strip of land ten (l0) feet in width being more particularly described as follows: The South 10 feet of Lot 6, Block 35, Imes Addition. , , . i HLM 43 PAGE 1685 " The perpetual right of ingress and egress to and from said 4.. tract of land at all reasonable times for the purpose of installing. operating, using, repairing. replacing and maintaining said water and sewer lines and for the removing of same if and when desired by the Grantee. its successors and ass1gns: 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 water and 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 a8 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. Sod removed or destroyed will be replaced within three weeks of installation of the service lines. 3. To operate, use and maintain said water and sewer lines 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 Grantors premises or crops. In addition, when water and sanitary sewer is installed in North Third and service across this easement is no longer necessary, said easement shall become null and void. -2.. '. . '. ~~ FILM 43 PAGE 1666 5. 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 service lines 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 servi ce 1 i nes . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor_ or his 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, administrators, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. -3- " ;' \, , . .. ; " r"iCM" 43 PACE i66? 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. ~ ~~ ERIC JOHNSTONE ,. STATE OF MONTANA ) : ss County of Gallatin) On this /10 day of ~ 197-8. before me. a notary public in and for said ~tate. p sona11y appeared ERIC JOHNSTONE known ta me to be the person__ whose name is subscribed to the within instrument. and acknowledged to me that he . executed the same. Nt!'t~ of Mo..... . "'.,'.....""., Residing at Bozeman, Montana l\l ' " My ~ Expires .,. \\ ,-,. 4...:'"", .~~~...~ ....~.~-. "'11I <"I',,",,: .,' i 9..if. /979 . ~.. ...." +:1., ;....:.~", '/tl , ",:. -' . /. ,', \ 1/ ..' '*' -:'" , ~! ~v" : 'I, rl..,j:'f l/~.;,. ~ C ,...._ '~ ~~ " f' ( I: _ J,.,:., ,.." '..~ ' ' ""~ .... (,"/." ,~ ',') ..... ;".' r 41> ./;- )4 .. ... , ..11 ~ ...~..~....,IIJ. ,~Q I~, or -4- ;. ~ '. . ' _. ~ ~ . FILM 43 ~AGt16SS THE CITY OF BOZEMAN ATTES1l:~it~! \1 ''k . / 4lL ,~". ...... ',:, / """.., . ,,"', ' j : .,\ '., . n ~ ~ . "::;'~..." .' _ J I , .. ~.,,,__~~, //-. .', p;., , . V. HARDING, Lt.,' -~Xl.rk of the City ;:~ission )', ,,<' " ..... /,~ '~VED:,' .."." ',"....:: ',: ':".." (;.)-, lll(j;r:tt~~,~ /~ ,..'..--..~--.,..""".~..A --~ ,) ..m ..,,"' ^ :...........&:. . - City Attorney STATE OF MONTANA ) : ss County of Gallatin) On this 17th day of May , 197Ji., before me, the undersigned a Notary Public for the State of Monmna, personnally, appeared Edmund P. Sedivy, Sr. & ErnaV. Harding 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 writ ten. ,.." J.\ lJ It', " ,...., It. , "':~ ".' iii", ~. ,<. I.. "":.:' "'.~... L'.' : ~ _ ',' ,." ~. 1.~,Ib>\ '~. :' ~.. '- ': r'.'\~~\ Nota ublic for the e of Montana "-\ " '... I.' INDE ", ~ ~- ~ " "XED Residiog at Bozeman, c;z:: '0". D~,:.',.:,,~:, PLATTE':' My Commission Expires -y /..s~ /9'/ "", .'"... ")~!~'fr'it;~~.." -- State of Montan~ ~ 55. 49183 ..,....,..,. County of Gallatin f Filed MAY 1 q . 19 78 at 4: 35 PM., and Recorded in book 43 of MT S C:F.T .T.A NROTT!=: Page----l.6.6.4 ~~, J' 5JK,;.lt --~- & CO""tyClec~ By ~..Lb' ~ Deputy Fee $ - - - - - - - Rt: City of Bozeman ATTN: Erna Harding .. -