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Home My WebLink About65- Sande Easement 22 PAGt208 . . J- ~.. BOOK ' . . _... l...1.,:: .' ~ " - . EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR SANITARY SEWER THIS AGREEMENT, Made and entered into this 21st day of July .. A.D. 196i-, by and between Mabel H. Sande and NQrm~n roo R~nrlA ~nrl ~~~n'Q & Sande , husband and wife - parti~ of the first part, hereinafter called ,the Grantor ~ and THE CITY OF BOZEMAN, a mutl1cipal corporation of the State of Montana, ,in Gallatin County, , the party of the second part, hereinafter called the Grantee. . WITNESSETH: - - WHEREAS, The Grantors_ are" the legal ,record title-owner~ of portions of the Block 36. Northern Pacific Addition ~,- .!.. 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 lateral - . ,~ would run across the Grantor land; and --, WHEREAS, the Grantee desires to acquire,.f:rom,theGrantor~ and the GrantorL are willing to grant to the Grantee an easeaentand right-'of....way across the above described property of the Grantor..!!..." and their ,hetre,executors,'administrators, successors and assigns, for the purpose' of ',installing, ope:Fating, using, repairing, replacing, maintaining, and removingaaid 8n sanitary Rewe.r lM.Ar~l and tor /' such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREOFRE, in consideration of the-'s-unt. of $ 200.00 in hand paid by the Ci.tyofBozeman,the,receiptwhereof is herebyacknowl-edged, and in further con- sideration of the covenants and agreements between the ,parties hereto, the Grantor~ have granted, bargained, sold,conveyed,and confirmed, and by these pre- sents JL hereby grant, bargain,. sell, convey ,and,oonfir.m unto the said Grantee and its succe!'j>sors and assigns the following rights and privileges forever: , , ... ... . . , , , 22 p~Gf2U9 . , .. ...... BOOK 1. A perpetual easement and right-of-way fort,he-PUI'po'se'of installing, oper- ating, using, repairing, replacingll, maintaining '. .a.Rd removing- a $" 8atJ it,q ~y sewer lateral thereto upon and across theabovectescribed property of the GrantorLJ said easement and right-of-way to consist of a strip of land 30 feet in width lying and be-ing mnrl'! fllll y n P. ~~ri hp.n t n_lArl t .. Beginning at the northeasterly corner of lot 3 of Block 27 of said Northern Pacific Addition to Bozeman, Montana; thence northerlu along the lot line common to lots 3 and 4 extended northerly to a point of intersection with the southerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company said \ point being 75 feet at right angles to the centerline of said Railroad Company track; thence North 79. 4$' East alon&, the said right of way line a distance of 22.54 feet t to the true point of beginning; thence at an ~lgle to the right of 26. 25' or a bearing of SOuth 73- 47' East a distance of 141.47 feet ; thence North 29- 12' West or an interior angle of 44- 35' right a distance of 42.74 feet; thence North 73- 47' West or an exterior angle to the left of 44- 35' a distance of 50.63 feet to a point of intersection with the southerly right of way line of said Milwaukee Railroad: thence south 79- 4$' West along said southerly right of way line a distance of 67.44 feet to the true point of beginning. 2" The perpetual right of ingre s 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 lateral - and for the rel)l.Oving of same if and when desired by the Grantee, its successors and assigns; TO HA.VE 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 covenants and agrees with theGrantor~ as follows: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said 8" sanitary 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 tbeconditionthe;I!eofexiatingbeforesaid operations were begun, or as near thereto as shall be reasonably possible. 2.. That, during operations involving excavation, it will remove the top- soil from the trench area to a depth of one foot, or to the full depth of the topsoil, whichever is les81 and stockpile said topsoil away trom the site any large rocks or surplus excavated material 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~,i'inished surface in substantially the same condition that existed prior to the beginning of operations except that the surface of backfilled ar~ may be mounded suffictently to prevent the formation of depressions after final settlement has taken place. 3. T6 install said $" sanitary sewer lateral line at such a reasonable depth below the surface of the earth as will,permit normal cultivation of the ground" - 4g To operate, use and maintain said 8" sanitary sewer pipeline in such manner as will not hinder or prevent the proper cultivation of the tract through which this right-of-way 1s hereby granted. 5. .11I' ." '- r'~;'..;? _______~_______~~._:._____~,__~_.c-=:._.,.".....____________________ ... Whereas the Grantee agrees to construct a temporary fence across Grantors cattle lane immediately south of the Chicago, Milwaukee, St. Paul & Pacific - railroad trestle on each side of Grantees excavation to divert and protect Grantors cattle from said excavation; to also erect a temporary fence at Grantors farm bridge across the Mill Ditch to divert the cattle to the east bank of the Mill Ditch; to also replace the rock in the bed of the Mill Ditch that is removed . by the excavation of sewer trench, to replace the Grantors wooden gate on solid ground and to cause the least possible inconvel)ience to Grantors hauling of hay from hayfield to barn area. - .' . . ... . hOOK 22 PAGE 210 . . . '. · ~ . '-", 6. In the event that it should become necesaaryfortheGrantee to re- enter the GrantorL premises for the purpose of repairing, replacing, main- taining or removing _an 8" sanitary sewer liBe,the Grantee will ~ reimburse the Grantor_ for any actual damage done to the Grantor..!!.., premises or crops., ...,.; 7., , ,-, .. The Grantor..!!.. hereby covenant~ and agree..!'-, with the Grantee as follows: .. 1.. That at no time will,. they build, canstiruet, erect or maintain any permanent structure over or above the said 8n sanitary sewer lateral unless such structurels built, constructed and i maintained in such a manner that it 'Wculdnot interfere with the operation, use, repair, maintenancejl replacement and removal of said 8" lateral sanitary sewer ., 2. That the Grantee may peacably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor...!., or their successors and assigns., the 3" That JlI:sl.ntd'l~elawfully seizedofaaid premises; that thev 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.lladministrators, successors and assigns of the Grantora_ and upon the suc,cesaors and assigns of the Granteeo IN WITNESS WHEREOF:i> the Grantor,~, have he:reunto.set their hand~ and seal s and the Grantee, The City of Bozemanll ha's hereunto set its hand, by its Mayo?"and its Clerk of the City Commission,:eachthereuntodulyauthorized, and has caused its corporate seal tabe affixed, allan this 21st day of July , 196jl,. ~ ~~'J-~Q~ X ~X'/~ , , B .11 Ill' \' "~,'\ '"\ ./ t~.J,'~' 'C'\' \f;, ':~'\~ J .4t'.........~III.... .. tlt~'ll' "." "'~ ". J ~ ATTESTa.- ,.' /,' ...., , ..., ,-' -r; ". ~', . ...... : .f' ~ .'~ t;;. ;,:: \'..~~i., ~\ "\J1; "".,. :vi', ","., ' ..' ~. .. ~ 'd~~~~~~~:',,;_,}'J~, c 'C/ Clerk of ~;~tr~Commission APPROVED: ') i.'lJ ~.. / ~~A'<(j, (/, . , - , . j' City Attorney -- - " , 22' . 21' .._ ,.... ., M .. :'<'.".,:rl.::';;~~~~i;~'/~ :' ',,:.>.::.:.-' ".,' I # .i ' ":;':~~f;';'1'd~'::;1~'f1P~>',.'~. '., ,. ' . . PAGE ;,.1,. ,<~,':~~~~i~~':1;~;~;';'< : .. '. STATE OF MONTANA ) ,':<.;/' '<', : BS "',' ::i:,\'i.::~,'.:, COUN'l'Y OF GALLATIN)~':;:',;<.., '. . , " ." '. ", ..,>;;:',~;}!-.';':',..' " On this 21s~ . day ~t, July','. ..,l;6~:~tP~'~?~r1iDd.p~ed a Notary Pilblictor- the state,.ol:l1oIltaaa'j'I'~...ruall'7~~~ : ~abE!l}i.I"Norman C. and Carole A. Sanae .. ' .. '" ." . . .,1 . known to me to be the person s de:sGrj;b'ld:in,',8Dd:.,."." '. a~ent as Grantor ~ and acknowleclged"t.o.JIleth8.t;. they'ha ve '.';. ' ":...ca\ecf-the..., tree17 and voluntarily, for the uses and., purposes: ,tbendn:: expressed., . .. ,..,,'1'",Ijt~S WHEREOF, I have h~~~untosetmy ,band.and atrbted ;q Not,arial' Seal _.,,;-'~: oiT,:t.Ae.4j ~ year in this Certificate first,above"written. ..~~.. ~ ",..' pI,. -"... l ( ~.~' ;::~,' i'" ~"~.'/,,,\....\,. \..-;:'0. ~.". '~.".'.'.""""~~.:".'.'....~."". ..'...,"# -H.' ;~ ~ ",," / ,: =-' '. ".. '<. -i'l'\' , ::.,?-C'~ ,~':"..:; ,'..; , : ~~,/ -,:=: I- tary Public. tYr.'.:"~ ,ate ~r 'Montana '.... - .' Re id"'- t. n-__ :u~'.....' '..' ,,' <, .,' 8 ~l!t'iS.."Df.nl_.. "'~~a;_ .,'.",t".....::'.., .t,,/'MyComm18s1on ~~."'~//,,>w/,y ';<c'? /?V:7 Ifl'I!~f'P.~'~'" ,. ./ STATE OF MONTANA ) : 88 COUNTY OF GALLATIN ) On this 21st day of July , 196.2..,betore .e, the undersigned a Notary Public: for the State of Kontan&~"perSGDall7,~....ppe~d R. Harry Morrow , and. Erna V. Hardine.: . ,;' kmniDVWcme to be the Mayor and Clerk of the City Commission respectively,of .the 'Git,-ot'''Bolilban, whose names are subscribed to the within instrument and acknowledged to lIle that they eDcuted the same for and on behalf o~ said City. m WITNESS WHEREOF, I ha-ve hereunto set ,:ay"hand"and affixed Di:1 Notarial Se~ on the day and year in this Certificate first ,above written. ~M~ ......, "\.' '. , .' 'j ~ " " , ~:. lo'" " r . . , ., .. : ' , '-;- . . '" . - II 817i'llb11e 1'6 .. . ... ... · -0 ol>tana ;~ .' ~ "., Siding .atBo,ze.u.vm, Montana.; ~~\ . , My Commission expires. . , " , ! " f!""f' ( '~ r. f ~ ~ .). ',.. u> . the State of Montana I'" . '.... I~OTARY PUBLIC for . Montana /" 0 r ,.' , Residing at B~zem:~brUary 18,1968 My commisSion Expires . . '. . INDEXED r:;' \( ~,..,.r:>') PLATTED ., ~, , .(,'r'-> /.- Stat. of Mont.. County of Gallatin. 58. Filed for record AUgust 18 .. .1965 8t. 9:15 A. M..and recorded in Book ~.. .~.I. ~""""..' . ............ .'. 208 CARL L. STUCKY Recorder. By. .','. ' epub """- , ., ",',._,.,~.~". ".,.,.. ..~- ,. Rt: City of Bozeman , '. .;.,' '.,:;", . , , ," i\ C,:ll~d.',.l'f.. ';,;, :'.f)f! '~_______,_,..,_ ..., .f'C '{':/~"'lr.,. tj,:~\'('i ."q:"; ::':',; .,: .":..~"':':"'_J:...c"'\"j-~;':::,'~,_,,.,_,.... '"~~",.. ,. ". .1.. , . '. ,~, .j;'Ql~:;:'.L~RZ~~~~~~;~~;;~t\;:".. ..,.-",' {;i LY"&l' LEl&?~j(:1'r;:,'....b;:, ~:.:'. ",,:, -. >, :I"l:~(~ q:~ h~!' l; . tb ey. eX:t'_~G~)' !-, t,':-';(:; ,'.,(' <.. I ! -- .iL,~,~. .~. ...~ .: t', _~ I