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HomeMy WebLinkAbout65- Ranch House Motel Easement ., -- ...' . , , aOOK 22 PAijf297 .-.- ,. - ~'t EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR SANIT A'RY SEwER . THIS AGREEMENT, Made and entered into this 4r day of ,5'"~p lr hi' !--r/,- . ~ A.D. 196!:; by and between Ranch House Motel. E. L. and Katharine L. Sulli va:n . , husband and wife, . partL,. of the first part, hereinafter called the Grantor -' and THE em OF BOZEMAN, a mu.q.j.cipalcorporation of theStateofMOtltana,inG&Uatin County, the party of the second part, hereinafter call,ed, the-Grantee. WIT N E SSE TH: -- WHEREAS, The Grantor _ is ',- the legal ,record title"owne-r of portions - (1 - 2) of the lots 1'2 thru 21 of Block 28. and also lots (22-23 )and 24 of Block 27 and a oortion of vacated Aylsworth Avenue in the Northern Pacific -' .l. Addition to Bozeman. Montana. more oarticularly described as follows to-wit: and WHEREAS, the Grantee, in the exercise of its power and authority as a munici- pality of the State of Montana, proposes to construct' -and install 8" sanitary sewer l.<lt.p.r.<ll - . would run across the Grantor land; and '"' WHEREAS, the Grantee desires to acq-uire;l'mm."theGrantor-, and the Grantor-.. is willing to grant to the ,Grantee an easement and right-of-way across the above described property of the Grantor-, and tl1i:er,heirs,executors,administrators, successors and assigns, for the purpose of ", installing, operating, using, repairing, replacing, maintaining, and removing said 8n sanitary sewer lateral and for -~.;., i ' sueh other rights of access and incidental rights as are hereinafter described, all as hereinafter more partieularly provided. NOW, THEREOFRE, in consideration of thecsDm:,of $ /~ in hand paid by the City of Bozeman, the, recfliptwh,ereof is hereby-acknowledged, and in further con- sideration of the covenants and agreements between the parties hereto, the Grantor_ has granted, bargained, sold, conveyed, .and eonfirmed, and by these pre- sents_ hereby grant, bargain,. sell, cOllvey,and>,oonfirm unto the said Grantee and its succelilsors and assigns the following rights and privileges forever: I SANITARY SEWER EASEMENT SID #454 Ranch House Motel An easement thirty (30) feet wide acrass lots 17 thru 21 of Block 28, and also lots 22-23 and 24 of Block 27 and a portion of vacated Aylsworth Avenue in the Northern Pacific Addition to Bozeman, Montana, more particularly described as follows to wit: Beginning at a point on the westerly line of lot 21 of said Block 28 Northern Pacific Addition to Bozeman, Montana, said point being 75 feet northerly of the southwesterly corner of said lot 21; thence easterly a distance of 260 feet more or less to a point on the easterly line of lot 22 of Block 27 of said Northern Pacific Addition, said point being 72 feet northerly of the southeasterly corner of said lot 22; thence northerly at right angles a distance of 30 feet; thence westerly a distance of 260 feet more or less to a point on the westerly line of lot 21 of said Block 28, said point being 105 feet northerly of the southwesterly corner of said lot 21; thence southerly along the westerly line of said lot 21 a distance of 30 feet more or less to the true point of beginning. Also an- easement thruand across portions of lots 12 thru 21 of Block 28, portion of vacated alley of said Block 28 and portions of lots 1 and 2 of Block 27 and portion of Vacated Aylsworth Avenue all in the Northern Pacific Addtion to Bozeman, Montana and more particularly described as follows. Beginning at a point on the westerly line of lot 21 of Block 28 of said Northern Pacific Addition, said point being 105 feet northerly of the southwest corner of said lot 21, thence easterly at right angles a distance of 22.85 feet to the true point of beginning; thence northerly parallel to and 22.85 feet easterly of the westerly line of lots 21 and 12 of said Block 28 a distance of 155 feet to a point 100 feet southerly of the north~rly line of vacated East Mendenhall Street; thence easterly parallel to and 100 feet distant soutp..erly from the northerly line of said vacated East Mendenhall Street a distance of 30 feet; thence southerly parallel to and 52.85 feet distant easterly from the westerly line of said lots 12 and 21 of said Block 28 a distance of 155 feet; thence westerly a distance of 30 feet to the true point of beginning. Also Beginning at a point which is 40 feet southerly and 52.85 feet easterly of the northwesterly corner of lot 21 of Block 28 of said Northern Pacific Addition to Bozeman, Montana; thence easterly a dis- tance of 209.98 feet; thence southerly at right angles a distance of 6.54 feet; thence westerly parallel to and 106.54 feet distant southerly from the northerly line of vacated East Mendenhall a distance of 209.98 feet more or less to a point which is 52.85 feet easterly of the westerly line of said lot 21; thence northerly a distance of 6.54 feet to the point of beginning. 22 PAGE298 , .. ll(jOK ..... 1. A perpetual easement and right-,of-way forthepurpose'ofinstalling, oper- ating, using, repairing, replacing9maintainingd,f!md:' removing'.a 8" sanitary sewer Lateral ,theretoupon.andacreae. the above deseribed property of the Grantor--J said easement and rignt-of-way to consist of a strip of land feet in width lying and being More full described to-wit .....--~ . J [ ,oj' " .. .~- .]001< 22 PIlGE299 2.. The perpetual right of ingre s and egress to and. from said tract of land at all reasonable times tel' the purpose of installing, operating, using, repairing, replacing and maintaining said 8" sanitary sewer lateral - and for the reJDOving of same if and when desired by the Grantee, its suceessors and assigns; TO HAVE AND TO HOLD the above described right..;of-way with all the appurten- ances and privileges unto the said Grantee and to its successors and assigns forever.. The Grantee hereby eovenants and agrees with the Grantor_ as follows: 1. That, in connection with the installing,operating, using, repairing, replacing, maintaining and removing of .said 8n sAnitarv sewer lateral 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 cond- ition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be re.asonably possible. 2.. That, during operations involving excavation, it will remove the top- soil from the trench area to ad,epth of one foot, or to the full depth of the topsoil, whichever is less~a.nd stoekpilesaid topsoil away fi'o.Ql the site any lal:gerocksor swplusexoavatectmaterial or any kind of 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 th~ finished surface in substantially the same condition that existed prior to the ". beginning of operations except that the surface of backfilled ar~ may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 3. To install said 8" sanitary sewer lateral ~ line at such a reasonable depth below the surface of the earth as will.pennit normal .eultivation of the ground.. - v ( 40 To operate, use and maintain said \ pipeline in such manner as will not hinder or prevent the proper cultivation of the tract through which this right-of-way is hereby granted. 5. p". - _____________.-.__.<-. "1 -..--=>_........_-_._~~-------~-----~ I .. \ ~ r '800K 22 PA6E300 ; ; . - t ~,'", 6" In the event that it should become nece:ssary <fGrtheGrantee to re- enter the Grantor_ premises tor the purpose of repairing, replacing, main- taining or removing 81t sanitarv ,sewer lateral line, the Grantee will reimburse the Grantor_ for any actual damage done to the Grantor_ premises or crops" 70 ( The Grantor_ hereby covenant..!., and agree!- with the Grantee as follows: l 1.. That at no time will they build,conat1'l'uct,erect or maintain any permanent structure over 'or above the said 8" sanitary sewer lateral unless such strue.tnre'is built, constructed and maintained in such a. manner that it would not interfere with the operation, use, repair, maintenance~ replacement and removal of said 81t sanitary AeWA~ l,qtAral 0 2. That the Grantee may peacably hold and enjoy tberights and privileges herein granted without any interruption by the Grantor__ or their successors and assignso 30 That the Grantor is , lawfully seized of .said premises; that they. have good right and lawtulauthority to sell the same and that they and their ,heirs~ executors, administrators, successors and assigns, shall warrant and defend the title tos-aidpremises 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 thepartiea hereto that this Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Grantor_ and upon the successors and assigns of the Granteeo IN WITNESSWHEREOF~ the Grantor_ has heroeuntoset their hand_ and seal_ and the Grantee, The City of Bozeman~ has hereunto. set its hand, by its Mayor and its Clerk of the City Commissioifl,.<e:achthereunto :duly authorized, and has caused its corporate seal to -be affixed, allan this ~ /4-1 day of ~~ ,l96S 'v C~ V' , ". /. .' 7. ,. C-/-)/ - ,//' -ft:~, " '~ , , ~1Tt<iF' oo~ /(!:< -~. ,,~ \ .....~; "I' , B ;. 01'". ., . I< I' .. -i . ~ J 'T .'Il.l. .. -.l,,,,.~. ",,~~. ,.~ t " .'" .,~..~..i ~:...<~ "." '.' '..''- J L, ,..."., ' A~' ,.,.., e'i/7:"'"l> "..~ '" ',." 1'1~,' .....W\. '. \ . ,'.... ,', ;".(.\'.1'.... .::;. :. :~n.<~,.'\;: ':_' ,:~'.: ,: A' "''ii'' ., , , i, .""":;,J~j '\"'''''''' I .. ~ ~,..If;,)~ .t... :,".~ , ,".' . ' ,;', ,........Ii..~.III, \' Cl~~"'i RfiMre1, C~j;.y:COmmission ,\\,'~~.,.,~,...",\,,.;" ., APPROVED: e~~. ./~..~CJ/L- "~. " gx(y Attorney ", / , ~ .. '..", · . BOOK 22 PAGE301 STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this ,1/ , day of /I'v 9' v..> j-- .1~:betp"::_;the''UDdersigned a Notary PUblic for-' the State ot llontaa, ~'-appeared, 1:, L, ~''''4 f< afhaJ,;;~.pL, " ,J", ///V"-'7 ',' ,,' known to me to be the person ,deeribed in andwho.l!IigJl$i: the --toregomginstrument as Grantor_ and acknowledgedto.Jl.e that ,7-h:( . ','had'-ex8cut-ed'the same freely and voluntarily, for the uses and purposes .the, ,in expressed., ",,""Dh~TNESS WHEREOF, I have hereunto ,se.tmy,handand affixed 1A1 Notarial Seal ",..on ,.the' liar ;~d year in this Certiticate tirst above written. .:.."',.,1.>" ..,.....~,',.." ,~"~!~.,>~~ \ , ",'veTA!?" '.' -::; { ;: (.t~f7:t,!;:~ j ~: (' ),~ i ... '" t. ".~.... 4 7'- ".~. .." . _ ~ .:\ ." It:;..;..f.. ~ ~~",'",::.';" "', .,.~ :~~",;, ~ ~..' ~ ~ ~ ......I"'~""::'?r- ..:............... ,,"';' "" ~'.I.r J '. :,'~~' ,~ t C',! l4 ~ "", 'I" I \ II" STA~"(jF MONTANA ) : ss COUNTY OF GALLATIN ) On thi~ /--LT, day of Seb t-PN'/ 6~-rr- . 1965~-before me, tlle undersigned a Notary hblic tor the Sta-tre of Montaoa. ,pereauUy ..appeared R ff /) R I? V /'1 ClR R a u./ ,and E R hi H ~/. II/} R 0 Ill- r;" . knOlm to'me to be the Mayor and Cl"erk of the City Commission respectively. ot 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. m WITNESS WHEREOF, I ha'Ve hereunto setmyh.-and and affixed my Notarial Seal on i;.he, day and year in this Certificate first above written. .... ~ -", :>.. ./;~~ .:....... ....:;,..:... ..:~"\ ..~ . " ~, .", :- .,.. ,: '1' l T " P. '-. r .~ --c_& ". ~ .' I l , It ,,- ,_ :~ .~ ~.. ~'. /: <,} 1"" ~ B tary Pt:Ibiictor-the S e ot llontana :: )." " " : ' ;::: ResidiDgat Be.zeman, No ~a /% r -: ,.. '. .' ~ i ' '~..., . ~ :; C t~ " .......-I , '. .... ~. ..... ..J.... ~ IIy Commission expires. "1.'1:. '~7' .,,7 4/' '. '. 0,:. ...... ~ ;/' / '/ """ ... ....:...;:~ ~<""~,, ,,/ " 1 , , , t \ 1.~' ~''''nH'~'' I INDEXED 60476 PLATTED ___ State of Mont.. County of Gallatin. sa, Filed for record October 11 , "1965 at 10: 32 A. M.. and rscorded in Book ~ ~f MIse. page 297 CARL L. STUCKY Recorder. By $d~ DeDutv Rt: City of Bozeman .. .~ .,. . ,.,;. ",,:. '. . . . ,~, -",:'" 10-10" ;";, ',' . .' ...