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Home My WebLink About65- Rosenthal Easement .., ,22 p.AGE214 , , , , ~ :. ~'8ilo'~ .-, . EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR SANIATARY SEWER i~ THIS AGREEMENT, Made and entered into this I 3 .- day of /4.r~ A.D. 196~ by and between Jack Roflenthal ~ l!mt\r'l( partz.- of the first part, hereinafter calledt.heGrantor-J and THE CITY OF BOZEMAN, a municipal corporation of the State of Montana,in Gallatin County, the party of the second part, hereinafter called the Grantee. WIT NE SSE T H : WHEREAS, The Grantor _ i~'" ' the legal record title owner_ of portions of the Portions of Lots 22 thru. 27, Block 28, and vacated Main Street, Northern Pacific Addition to the City of Bozeman, ,- Montana - and WHEREAS, the Grantee, in the exercise o,fits power and authority as a munici- pality of the State of Montana, proposes to construct and install 8n sanitary .AlAr.~ 1 .at...... 1 - ~ , would run across the Grantor land; and WHEREAS, the Grant,ee, desires to acquire, ,frcm,th'eGrantor--, and the Grantor ' - is willing to grant to the Grantee an easellentandright-of-way across the above described property of the?rantor --' and hiB "heirs, executors, "administrators, '\;:~i' successors and assigns, for the purpose of 'installing, operating, using, repairing, replacing, maintaining, and removing said 8ft san1tary8W~r lateral and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREOFRE,in consideration of the-Hsunt of $ I. t>d in hand paid by the "-) City of Bozeman, the receipt wh-ereof is hereby aeknowledged" and in further con- sideration of the covenants and agreements between the parties hereto" the Grantor_ has granted" ba.rgained" 801d,,conveyed,,andconfinned,, and by these pre- sents _ hereby grant, barga.in, sell" oonvey ,andoonfirm unto the said Grantee and its succe~sors and assigns the following rights and privileges forever: i" . , . . .- .. . , 22 PA~E215 . .. aDaK 1. A perpetual easement and right...,of--way for the-purpo'se'of installing, oper- ating, using, repairing, replacingpmaintaining,&ld'removing'.an 8" sanitary sewer lateral "thereto uponandacrQse the above described property of the Grantor-, said easement and right-of-way tocondst of a strip of land ,B feet in width lying and b&ing 1IItIl"'fIt f'n111 nAlIIl'!l"'i hfll!n t.n-wi t. . Beginning at a point on the easterly lot line of lot ~2 of said Block 28, said point being a5 feet northerly of the southeast corner of said lot 22; thence westerly parallel to and 85 feet distant from the southerly lines of said lots 22 thru 27 and the easterly one foot of lot 28 a distance of 151 feet; thence northerly parallel to $nO ~ne (1) foot distant westerly of the west- erly line of lot 27 a distance 0/1;5 reet; thence easterly parallel to and 100 feet northerly of the southerly lot lines of lots 22 thru 27 and the easterly one (1) foot of lot 28 a distanoe of 151 fe~t; thence southerly along the easterly line of aaid lot 22 a distance of'15 feet to the point of beginning. 2.. The perpetual right of ingre sand egress to and. from. said tract of land at all reasonable times ~ortlle purpose of installing, operating,using, repairing,' replacing and maintaining said An sanitary sewer lateral - and for t he re~ving 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 appurten- ances and privileges unto the said Grantee and to its successors and assigns forever 0 The Grantee hereby covenants and agrees ,dth the Grantor__ as follows: 1. That J in connection with the install.ing,operating, using, repairing, replacing, maintaining and removing of ,said 8" sanitary ReVel'" ] atel"'#'ll it will replace, at its sole expense, all ex1stingfences, ditches and other appurtenances of said land that may be disturbed. by its opera.tion in a cond- ition equal to the cOl'ldition theoreof existing before said operations were begun, or as near thereto as shall be reasanably possible. 2. That, during operations involving excavation, it will remove the top- soil from the trench are-a to acl:epth of one foot, or to the full depth at the topsoil, whichever is lese, and stockpile' said topsoil away from the site any large ,rocks or surp1uaexcavatedmaterial or any kind of the site any large rocks or surplus excavated material or any kind of debris that may ha,ve been-exposed by the excavation and remaining after baokfil1ing is completed, and will leave thEil.finished surface in substantially the same condition that existed prior 'to the'beg:inning of o'perations except that the surface of backfilled ar~ may be mounded suffictently 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 cultivation of the ground. - 4. 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. I P'. :.' It ________________-...:,,__~_c-.~_____________--....---- , _ .:c. ':. ., ,22 ~1AGE216 , . .. I I .' aOOK 6" In the event that it should become nece'88a~yfortheGrantee to re- enter the Grantor_ premises for the purpose of repairing, replacing, main- taining or removing _an 8" line - ean:itarv sewer line,the Grantee will reimburse the Grantor_ for any actual dam&ge,done to the Grantor_ premises or crops" 70 The Grantor_ hereby covenant,L. and agree-A with the Grantee as follows: 1.. That at no time will he build, constImct, erect or maintain any permanent structure over or above the said ~" Q~~;+o~ sewer lat@r~l unless such at.ruo.t'\'J%'Ie'1ebu it, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance,ll replacement and removal of said S" '11!lt.~r1ll1 - sanitary sewer 0 2.. That the Grantee may peacably hold and 81ljoytberighte and privileges herein granted without any interruption by the Grantor_ or hiR successors and assignso 30 That the GrAnt.or :i II lawfully seized ,of said preaiees; that he has good right and lawful authority tG,-eell the same and that he and his heirsll 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 whomsoevero It is understood and agreed by and between the parties 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 Grantee. IN WITNESS WHEREOF~ the Grantor__ h$lR hereunto ;set Qi l1/ hand_ and seal__ and the Grantee, The City of Bozeman,haa hereunto set its hand, by its Mayor and its Clerk of the City Commission, .ach: thereunto duly 9fthorized, and has caused its corporate seal to ,be affixed, all on this /? ..- day of ~ ' 196&: ~~ &/8 ~ . ~ "'.. . AT~: ~~//~~ Clerk of the City Commission APPROVED: fj!~ /' ~{? /it . Ci Attorney ~, . / . .. 'l: . i.. t . · (' ..-,; , 21 ..: " aOOK (!C PAGE 7 STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this /7 daT of ~. l~befo"" _. the undereigned a Notary Pllblic for"the state of Mon. 1 perso.nAl1Y'Bppeared ,T;". c~ i::.. /4) If 0 :i' ~ '7 -#J < known to me to be the person described in and who 'signed the tore going instrument as Grantor_ and acknowledgedtome that had 'executed the same freely a.ndvoltln~r.ily, for the uses and purposesthere,in -expressed. ~:.,~. \.,.. , <'I , ~ -::--., ",. "",... . , ..,./..iN:-'W1~ WHEREOF, I have hereunto set my ,hand and affixed my Notarial Seal , "~~1;J1e day a,p'a'lear in this Certificate flrstabovewritten. .. .; f.\,.t~, ' ~ .-: : ~:', '"5, ,~ I ~ c-d 4~ ";,~ ," \" ;~. /<"7'l ...~j:' ,--C(~~~r "" ::'4.~~.~~:;'\ "",,,:f' ~ otary Public' for the' State of Montana >."""'~."""""'\" Residil'lg. .tBozeaan,Mo~na /dL"/ f:" My Commission Expiretl'- t A.~~.........y ;lc7 "'t/ ( /' STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this 18th day of A~8t , 1965--, before me, t11e undersigned a Notary Public for the sta t-e of Mentana , .personally appeared R. Harry Morrow and Erna V. HardinR , 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 ha'Ve hereunto set my hand and affixed my Notarial Seal on the daT and year in this Certificate first above written. ,<. ~ 'II' I.' ~ ',..'~, ~ l' . ~~,.,),~(.", "'1,1 '" " rn ~' '~'\~-:~~>: ' ,l .' ';~'.:l~ ~,i' " ( ')'''" ' ';,~~,:\C 1.t1;~fJl" : Notary Pr.tblic1'orthe StIlte otMontana "I",~ '!"j,',:' ,,: Residing at Bo.zeman, Montana 'I'" , . A',~.J>., My Commission expires. Feb. 18 J 1968 ":"' '. , .;.... ~\;.' , ',' ". ,,<:c r'" Ie "i.., '. INDEXEP ,':, ~ ~ U l")L1 PLATTED "'-.J ,,/,','-1: August 27 , 1965 Stet. of Mont.. County of Gallatin. N. Flied for recor~2 f MISC. ,. 21l.. at 10 :,00 A. M.. and recorded in Boo~ ~.,f, ~~ DeIlUlll CARL L. STUCKY Recorder. By. , Fee: -- Rt: City of Bozeman , " ~