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Home My WebLink About65- Arnold Easement "'1,8QOK · 22. PAllf222 . " I' . I... EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR SANITARY SEWER THIS AGREEMENT, Made and entered into this /,1/' day Of.~' - .- ~Ynil!ITf'I9;~ A.D. 1965, by and between Lawi sM. A t'IllO 1 rl partL of the first part, hereinafter called the Grantor-, and THE CITY OF , BOZEMAN, a mUIl:icipalcorporation of the State of Montana, in Gallatin County, I the party of the second part, hereinafter called the Grantee. WIT N KS SET H : WHEREAS, The Grantor _ is' ' the legal record title owner__ of portions of the Vacated East Mendenhall Street. vacated Aylsworth Avenue. lots 12 thru 16 of Block 28, lots 1 thru 6 and lots 14-15 and 16 of Block 27. portions of ,- Vacated East Main Street and lots 10 and 11 of Block 2 all in Norther Pacific dJ.tJ.on 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 8" sanitary sewer lateral " would run across the Grantor land; and WHEREAS, the Grantee desires to acquire, .fmmthe Grantor--, and the Grantor_ is willing to grant to the Grantee an easeaentand right.,..of-way across the above described property of the Grantor--, and their ,heirs, executors, administrators, successors and assigns, for the purpose of.in'Stalling, operating, using, repairing, replacing, maintaining, and removing said 81t sanitary se,,!er 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.sum of $ /, 00:. in hand paid by the City of Bozeman, the receipt whereof 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, convey, and ,confirm unto the said Grantee and its succe~sors and assigns the following rights and>privileges forever: . ".. .. , BOOK .22 pAGE,223. . 1. A perpetual easement and right..."of-wayforuhe"purpo's6"'Of"installing, oper- ating, using, repairing, replacing>> maintaining" and'remomg's" gr.,' , sanitary sewer lateral thereto ,uponandacrGB:8:theabove'described property of the Grantor--, said easemerItand right-of-waytocons'ist of a strip of land feet in width lying and be:ing, more fully described to-wit: . I .. M , . , ;, ~ t . , ~" . 2.. The perpetual right of ingre sandegress to and . fmmsaid tract of land at all reasonable times tor tae purpose of installing."operating, using, repairing, replacing and maintaining said 8" 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 .. The Grantee hereby covenants and agrees with the Grantor_ as follows: 1. That, in connection with the inst.a1.ling, ',operating, USing, repairing, replacing, maintaining and remoringof>,said 8tt sanitBl!YSeWer lateral it will replace, at its soleexpense"allmsting'l'ences'.,ditChes : and other appurtenances of said land that may be disturbed by its operation in a cond- ition equal to the condition the-reofexisting before said operations were begun, or as near thereto as shall ber.easenably possible. 2.. That, during operations involving excavation, it will remove the top- soil from the trench area to, a depth of ofte. footi or to the 'full depth of the topsoil, whichever is less,andstockpUe'said topsoil away from the site any lai:.gerocks or surplusexaavatedmat-erial 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"beg1nningof 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 8" sanitary sewer - line at such a reasonable depth below the surface of the earth as will permit normal cUltivation of the ground.. - ' 4.. To operate, use and maintain said 8" sanitary sewer pipeline in such manner as will not hinder or prevent the proper cultivation of the tra~t through which ,this right-of-way is hereby granted. 5. .., <":.. - ~'t ---------- -------- "<:p __ .,,"<,; ,...,~'.'>~-:":.'~ li~' , f-\ \... ,,;j EASEMENT DESCRIPTION '", . S.I.D. 454 Highland Trailer Court An easement for the purpose of installing, constructing and maintaining a sanitary sewer line on and across a portion of Vacated East Mendenhall Street, Vacated Aylsworth Avenue, lots 12 thru 16 of Block 28, lots 1 thru 6 and lots 14-15 and 16 of Block 27, portions of Vacated East Main Street and lots 10 and 11 of Block 24 all in Northern Pacific Addition to Bozeman, Montana and more particularly described as follows to-wit: Beginning at a point on the northerly line of vacated East Menden- hall Street, said point being 22.85 feet easterly of the point of intersection of said northerly line of East Mendenhall and an extension of the line common to lots 11 and 12 of Block 28; thence southerly parallel to and 22.85 feet easterly from said line common to lots 11 and 12, a distance of 100 feet; thence easterly parallel to and 100 feet southerly from the northerly line of said vacated East Mendenhall a distance of 240 feet; thence southerly at right angles a distance 6.89 feet; thence easterly parallel to and 106.89 feet southerly from the northerly line of said vacated East Menden- hall Street a distance of 147 feet more or less to a point of inter- section with a line drawn from a point on the northerly line of said East Mendenhall (said point being 413.18 feet easterly of the point of intersection of said northerly line of East Mendenhall and the lot line common to lots 11 and 12 of said Block 28) and a point on the northerly right of way line of W.S. Highway 10. (said point being 5.5 feet northwesterly of a point of intersection of the said northerly right of way line and the lot line common to lots 9 and 10 of Block 24; thence southerlyaong the above described property line a distance of 471.11 feet more or less to a point on the northerly right of way line of U.S. Highway Number 10; thence southeasterly along said northerly right of way line a distance of 30 feet; thence northerly parallel to and 30 feet distant easterly from a line (drawn from a point on the northerly line of East Mendenhall 413.18 feet easterly of the point of intersection of the line common to lots 11 and 12 of Block 28 extended to said northerly line and a point on the northerly right of way line of . U~&.o;;'J118h...;,J.O, said poi.ntbdng 5.5 feet. northwesterly of the point of intersection of the line common to lots 9 and 10 of Block 24 and said northerly right of way line) to a point 76.89 feet southerly of the northerly line of vacated East Mendenhall; thence westerly parallel to and 76.89 feet southerly from the northerly line of vacated East Mendenhall a distance of 387.15 feet; thence northerly at right angles parallel to and 52.85 feet easterly from the easterly line of lot 11 and said line extended northerly to the northerly line of vacated East Mendenhall; thence westerly along said northerly line to the true point of beginning. Also an easement 30 feet in width across portions of lots 10, 11, 12, and 13 and 14 of Block 24 and a portion of vacated East Main Street as more particularly described to-wit: 22 PAGE224 I SOOK -2- ,~ r . Beginning at a point, said point being 5 feet southerly and 2 feet t -\ ~ westerly of the point of intersection of the lot line common to ',' lots 10 and 11 of Block 24 and the southerly line of vacated East Main Street; thence easterly parallel to and 5 feet southerly of the southerly line of vacated East Main Street a distance of 110 feet; thence northerly at right angles a distance of 30 feet; thence westerly parallel to and 25 feet northerly of the southerly line of said vacated East Main Street a distance of 109 feet; thence southwesterly a distance of 30 feet more or less to the point of beginning. . ,--.-- __n.___ ._'., ,_n , .... . BOOK 22 PAGE225, , 60 In the event that it should become necessary for the Grantee to re- . enter the Grantor__ premises for the purpose of repairing, replacing, main- taining or removing R" Mnit.ary sewer l1ne,t-he Grantee wUl reimburse the Grantor_ for any actual damage done to the Grantor__ premiees or cropso 70 The Grantor__ hereby covenant~ and agree,lL with the Grantee as follows: 1. That at no time will they.. build,canstl"tlCt, erect or maintain any permanent structure over or above the said 8n sanitary sewer unlesssuchst.rl1cttu:"eisbuilt, constructed and maintained in such a manner that it would...oot interfere with the operation, use, repair, ma1ntenancell replacement and removal of said 8n sanitary Sewer 0 2. That the Grantee may peacably holdandenjoytberightsand privileges herein granted without any interruption by the Grantor or their successors and assignso - 3" Tha.t the Grantor is .. lawfully seized of said premises; that they have good right and lawful authority to sell the same and that . they and their. heirs9 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 WHEREOFy the Grantor_ has hereunto ,set their hand_ and seal_ and the Grantee, The City of Bozeman, has hereunto set its hand, by its Ma.yorand its Clerk of the City Commission,each thereuntodul? authorized, and 1/ has caused its c.orporate seal to ,be affixed, all on this / day. of ~~r , 196'0 . - ti ~~ B iIJ~. , ;1 , ~:t> '1 -~:,,- ::;-.-- ...~ "'- AT'l'EST~ ~d7.~ Clerk of the City Commission APPROVED: 9~,~e;i jl<. C1ty Attorney ~ ,. ~'., ~aOoK ~'22 PAGE226 . . STATE OF MONTANA } : 55 COUNTY OF GALLATIN } . ' .. .. ..'.- ..ce.;..... ~: On this . i 1 day q!. {t1fl v -' ~ . l~ bIl~.ti.lM1I14ef~ed a NotaryP\iblic for- the State.otKoII . . a,,'~1':lWP1;.7~'OPP~. ..... ........', ... j,. . H' A. .;{ . . ... .1" . . eu/IJ ./ ,rP;lQ/ .. ..... . ..... . .... known to mO to be the peroon'-:' deaQrj;_ejn"';'~'lI~tI1~~......&Vtiiginetr'uiaent as Grantor_ and acknowledged t.o..JJlethat ... .,P. ."had~cxec.ee1 't'he 8811' freely and voluntarily', tor the uses and purposes...tbem1n:;expreesed.. ;.~ :",,';"'Ifi,,~TNESS WHEREOF, I have hereunto setmy.hand<.and affixed my Not,arial Seal QJ'l. the~a:t and year in this Certificatei'lrstabove,written. . .. .................. -' " ~'-::'.... . . ., /~ -::- ~ . " . . ... -~., .... ~,r;, .. -. ,~' , ..- H ..A ~ -- - .', . .- , .... .. '. ",," t.r ' ...!. .' ~",:~",,:;'~', .:', " _.' s1ira' OF' MONTANA } : ss COUNTY OF GALLATIN ) .- 18th Augus t On this day of , 1965-, before me, tbe undersigned a Notary Public: for theStateol' Hontan&~,;per8Gnall7".appeared R. Harry 'Mot"I"nw . and. Erna V. Hardin" .. known to., me 'to be the Mayor and Clerk of the City Commission respectively, of .theCity of. Bo2leman, whose names are subscribed to the within instrument andackn.owledged to me that. they executed the same for and on behalf ot:, said City. IN WITNESS WHEREOF, I ha.ve hereunto set'S1.:handand af'tixed my Notarial Se~ on the day and year in this Certificate first _above written. ."" . .., In .~ ;';:. ~.. .;. ~ f'>~~" r #': Notary Pubilc -faT'.1; -e Stll.te of-~ontana ..".... Resid1ng,.at .Bo.zelD&!l' Montana %.~." ,-",' ~ ." .,.,. My Commission expires. t',b. lSr :;J.,9Ae . -. r", J~.. '. , , /' _ r ~ r . ., :.- ~: ''1...1, r;g INDEX6Q ... PLATTED'" ,:,",~ State of Mont.. County of Gallatin. sa. Filed for record Augu~t.27 . . . .. ,1965 at 10 :04 A. M.. and reconIed in Book ~ MISC<<.? .222 CARL L. STUCKY Recorder. By t1.~ .~ Fee: -- Rt: City of Bozeman .""";.,' 01,... _::J