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Home My WebLink About65- Cass Easement aOOK 22 227 ,;;.~,.~:'~- 'PAGE '. iii.. ._ f EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR SANITARY SEWER 74 THIS AGREEMENT, Made and entered into this /.f' ~day or ~ A.D. 196~ by and between Kat~E. Cass part~ of the first part, hereinafter called ,the Grant 0 r-, 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. W I TN E S S ETJi : WHEREAS, The Grantor _ is' the legal record title owner_ of portions of .Lots of the Porti.~ 6. 7. 8. 9. 10. 11. 22. 23. 24. 25, 26. 27 and vaeated Mendenhall & alley, all in BlOCk 2g. Northern Pacific Addition ,- to Bozeman, Montana - 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 an 8" sanitary sewer lateral , would run across the Grantor land; and " WHEREAS, the Grant,ee desires to acquire. .from the Grantor-, and the Grantor_ is willing to grant to the Grantee an easeaentand right-of-way across the above described property of the Grantor--J and .her heirs, executors, . administrators , successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said 8n sanitary sewe.r lateral and for sueh other rights of access and incidental rights as are hereinafter described, - - all as hereinafter more particularly provided. NOW, THEREOFRE, in consideration of the-sum of $ /, '!....~ in hand paid by the City of Bozeman, the receipt w-hereof 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 confirmed, and by these pre- sents _ hereby grant, bargain, sell, cOllvey,andconfirm unto the said Grantee and its succeljisors and assigns the following rights and privileges forever: . 22 PAfiE228 . , . "'ll ~OD~ ( 1. A perpetual easement and right...of-way for the purpose 'of installing, oper- ating, using, repairing, replacingp maintaining,&Rd removing' an 8ft sanitary sewer lateral ,thereto uponandacros8. the above described property of the Grantor --' said easement and right-of-way to cons-1 st of a strip of land 15t feet in width lying and being more tully described to-wit: . Beginning at a point on the easterly line of lot 22 of said Block 28, said point being 100 feet northerly of the southeasterly ccrner of said lot 22; thence westerly parallel to and 100 feet distant northerly trom the southerly lines of lots 22 thru 27 'a dis~~ce of 150 feet; thence northerly along the westerly lot line of lot 27 a distance ot~ feet; thence easterly parallel to and 115 teet distant Dortherl'1'trwa ta.......erlyilin.. .t said lots 22 thru 27 a distance of 150 feet to the easterly line of lot 22; thence southerly along the easterly line of said lot 22 a distance oflS feet to the point of beg1nn1ng. 20 The perpetual right of ingre sand egress to and from said tract of land at all reasonable times for the purposeof.in.stalling, operating, using, repairing, replaCing and maintaining said 8ft sanitary sewer lateral - and for t he removing of same if and when desired by the Grantee, its successors and assigns; TO HAVE AND TO HOLD the above described right-or-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, in connection with the installing, . operating, using, repairing, replacing, maintaining and reJ:IWving of, said 8ft 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 the condition thereof exis-ting before said 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 less:i and stockpile said topsoil away from 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~ 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 sufficl~ntly to prevent the formation of depressions after final settlement has taken place. 3. T6 install said Str sanitary sewer lateral" line at such a reasonable depth below the surface of the earth as will pennit normal cultivation of the ground. - 40 To operate, use and maintain said RIt R.<Init.A17 J'lllil1(ll".... 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 -----~..,------____ -1110. __tK:>o::-.____,...~..,___________________ ,. . -\ .~ 'aD OK 22 PAtE 229 , :t .. " 6., In the event that it should become nece'ssary:fortheGrantee to re... enter the Grantor_premises for the purposeofrepairirlg, replacing, main- taining or removing _8" sanitary sewer lateral line, 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 she build,coostm1et,erect or maintain any permanent structure over or above the said 8" sanitary sewer lateral unless such struc,t'fU'le'ls built, constructed and maintained in such a manner that itlltotlld..::Mt, interfere with the operation, use, repair, maintenance~ replacement and removal of said Sn sanitary eewer lateral ., 2. That the Grantee may peacably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor_ or her successors and assigns., 3.. That the Grantor is ' lawfully seized of said premises; that she has good right and lawful .authority to-sell. the same and that she and her _ heirs~ executors, administrators, successors and assigns, shall warrant and defend the title toscdd 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, executorsJadministrators, successors and assigns of the Grantor_ and upon the suc,cessor~randassign8 of the Grantee., IN WITNESS WHEREOFliI the Grantor has hereunto 'Set her hand and seal_ and the Grantee, The City of BOzeman, has hereunto' set its hand, by its Mayor and its Clerk of the City Commission, each thereunto duly authoriz~ed' and has caused its ~<:EPorate seal to J:;le affixed, all on this I;t' day of , ~ 19~ ;( otd~,~ E ~ B ATTEST~'" - H: '. '0;' 'I .). \. " :''')?, f';"/,J .',\ ';" ~/~~ Cler~qt the City Commission , ~ " . j APPRO~D: " ~ 'I" ~. r _/ ?J~. y Attorney , , ~~ '- >., ioDK 22 PAGE 230 ' .' ..'~ STATE OF MONTANA ) : 6S COUNTY OF GALLATIN ) On this I Z .' day of ,l~-be~re-1Ile-, theundereigned a NotaryPU'blic lor'the state ot Mont a, persana11y:'.appeared J{ 4' I;; .~ r l ~'1r~ 'k-' C'Cl.r' 5 known to me to be the person_ deserihedin' and.who'slgned t'he .toregoinginstrument , as Grantor_and acknowledged tome that S~ c=> ,hadexecuted the same freely and voltmtarily, for the uses and purposesthe'reinexpre-ssed. IN WITNiSS WHEREOF, I have hereunto set my.handand affixed my Notarial Seal .,~ni 'the' ~ and year in this Certitlcateflrstabovewrltten. ""1\,,,\.. <, \-.\., ~ "'" :..:... '''/~ ,,\'.,:.., \.J .............~' I~ /:, ::....... ,: .... '.' ~ , ~r <c//$7</I!<~ :j": ~ <j ,~ Notary Public for,'th~State ot Montana ':". ,'" ... - ,,: ~:' Resldbg ie.t"Bozemtftj'Hogtana . . ..,.'~..'.., ,:: M7 Commission kpirea'-:7.i..., "".v"/'/ ;<c~ /7'#/ ..... .....11......-~. 11,0. k'- ~"' ~ , I .~ ~ . ~ . ... ""S~m,p",iIDNTANA ) : sa COUNTY OF GALLATIN ) On this 17th day of Au~ust , 196Lbefore me, the undersigned a Notary Public for the State o/Montana, .perSGnally,appeared R. Harry Morrow, and Erna V... Hardil)i , known to'me to be the Mayor and Clerk of the City Commiasion 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 ot. said City. IN WITNESS WHEREOF, I have hereunto setmyh&Ddand affixed my Notarial Se~l on the day' aIld year in this Certificate first above written. "'~;".. ~ // " ,\ " , , .'. //\~ (..;:' ,.',' . .,i..:, ' rrJ . &r2~ J ~.' ('~. '.1 ~.. Notary Public dfor'the State of Montana ~ . ;...". , '.,:: Residing at Bo.zeman. Montana :: f/'J '" ,- , , My Commission expires. Feb. 18. 1968 -/\., , :;, 'f", ' .(.. ':,> ,.'" ~ '~" ,... .'.1"') r: 0 r . ~ '-6 . I , I ! I 1 f " : ~ J'~ I I ~ ". I INDEXED ,. , .~, (:7 PLATTED . Au~st 27 1965 Stat. of Mont.. County of Gallatin. M. filed for record r , 22'l pi 10:06 A. M..andrecordedinBoOk~. .~f ~~ CARL L. STUCKY Recorder. By. ," Depu~ Fee: -- Rt: City of Bozeman '/