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Home My WebLink About65- Voigt Easement - ;. 22 PAGE218 ~ ':...'~".. _. .- . , EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR SANITARY ~R THIS AGREEMENT, Made and entered into this /j/ day of . A.D. 19~bY and between partL- of the first part, hereinafter called the Grantor-J and THE CITY OF BOZEMAN, a mUIl:icipal corporation of the State of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WIT N E SSE T H : WHEREAS, The Grantor _ . is the legal record title owner_ of portions of the Lot 1. 2. 3. 4. 5. Bloek 28 vaca1j..p Mendenhall &r .11 ey in Nnrt.hern Pacific Addition. Also; North 40 feet of Lot's 28 thru 32 of Block 28. - of said Northern Pacific Addition. to the City of Bozeman r Montq,pa 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~nitary sewer lateral would run across the Grantor land; and WHEREAS, the Grantee desires to acquire, from the . Grantor-J and the Grantor_ is willing to grant to the Grantee an easeaent and right-of-way across the above described property of the Grantor-J and her heirs, - execntors,administrators, successors and assigns, for the purpose of.installing,operating, using" repairing, replacing, maintaining, and removing said gn sani bryFtlll!v~r 1 d.lIl!l'"Sll 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 $ ;. ~d in hand paid by the City of Bozeman, the receipt whereof is hereby acknoW'ledgea, 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 sncce~sors and assigns the following rights and privileges forever: , ~ . ~l'. ~ ., . 22 'PAcr219' ... aOOK 1. A perpetual easement and right...of-way fort..hepurpose.of installing, oper- ating, using, repairing, replacingp maintaining.;an.d'remorlng-.an 8" sanitarY" sewer , .t.Il}".' _thereto upon.andacrose the above described property of the Grantor-, said easement and right-of-way to consi st of a strip of land 15' feet in width lying and be-ing more fully described to-wit . Beginning at a point on the westerly line of lot 32 of Block 28 of said Northern Pacific Addition, said point being 100 feet northerly of the southwesterly corner of said lot 32 thence easterly parallel to and 100 feet distant northerly from the southerly lot lines of lots 28 thru 32 of said Block 28 a distance of 125 teet to the easterly line of said lot 28; thence northerly along the easterly line of said lot 28 aoldistance of15 feet; thence westerly parallel and lL5feet distant northerly trom the southerly line of said lots 28 thru 32 a distance of 125 feet to the westerly line of said lot 32; thence southerly along the westerly line of said lot 32 a distance ofl5 feet to the point of beginning. 2" The perpetual right of ingre s and egress to and from said tract of land at all reasonable times tor the purpose_of installing, operating, using, repairing, replacing and maintaining said 8" sanitary sewer lateral - and for the r.eJDQving 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 inatalling,ope.rating,using, repairing, replacing, maintaining and remevingof,said S" sanitl!l.ry sewer lateral it will replace, at its sole expense., all existing fences,d:itchesandother 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 bereasanably 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,and. stockpile.sa:id topsoil away from the site any large rocks or surplusexoavatedmat-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 ,thf;)-1'inished surface in substantially the same condition that existed prior ~o 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. To install said 8" sanitar:v sewer lateral " line at such a reasonable depth below the surface of the earth as will. permit normal cultivation of the ground.. - 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-ot-way is hereby granted. 5. .. .. ' -- P' ;,/, ---------------------~..,,~_..-_--------------- ! 'f '~' . . 22 PAGE220 .. ..~DOK ... . ~.. . . . , , , 60 In the event that it should become nece.ssary fOr the Grantee to re- enter the Grantor_premises for the purpose of repairing, replacing, main- taining or removing _ 8" sanitarY sewer lateral line, the Grantee will reimburse the Grantor_ for any actual dBmagedone to the Grantor_ premises or cropso 70 The Grantor_ hereby covenant"L and agree.L. with the Grantee as follows: le That at no time will she build, cQnst~ct, erect or maintain any permanent structure oyer or above the said 8" sanitary sewer lateral unless. such struet\l:1"8'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 8" sanita~ sewer la.teral 0 2. That the Grantee may peacably hold and enjoytberights and privileges herein granted without any interruption by the Grantor__ or her successors and assignso 30 That t.h. n......n+ft'r i. lawfully seized of sa1d premises; that tithe htls good right and lawful authority to sell the same and that Ahe and he,.. hairs9 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 thepartiee 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:i 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 authorized, and has caused its corporate seal to .be affixed, all on this day of :I 19630 ~~~()f ~ ~.- B . (1I ~'lr ~ ir .._It ",.," f " ATTEST: ~/~~ Clerk of the City Commission APPROVED: City Attorney . ..;..' ~ .; ~- .. 22 221 .- . ".', -. . BOOK' . PASE- '. STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this~ day of 11 t/q vs1- .. 1~-bef9re-'me', the undersigned a Notary Pll"blic ~ate of MontOa, personAH".-appeared e'/'d Iii . ~/ known to me to be the person_ de rib-ed in andwhcr,'signed t:he tqregoing instrument as Grantor_and acknowledged to Be that _) h r' . had executed the same freely and voluntarily, for the uses and purposes there,in -expressed. -""IN',\1ITNESS WHEREOF, I have hereunto set my hand and affixed llf1 Notarial Seal ......~~~_-e~~ daY., and year in this Certificate first above written. c",,, ,_~ g~;> .7 - .' ~ '/.. <L ',' " -<</ ,~ c, ifu---P: ~ .- - '. . . ~- _ , Notary Public for the . tate of Montana . ',...... .; " Residing, at-,Bozema.n,Mo,.nt.ana /Q/'~''''' :......... .117 Commission ExpireilV4'N4-/<?"/'Y p'""'{~;'/ T~/ . / y " ...,...,,\1' STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On thi~ 18th day of August , 196~ before me, the undersigned a Notary Public for the state of Montana"personally.appeared R. Harry Morrow and Erna V. HardiIUt , 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 tor and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. - 0 " h1 - &- < ... otary P'l1biicforthe St""ate of Montana "':!:- tj' ,- Residing at Be,zeman:, Montana ~';'::i ("," My Commission expires. Feb. 18, 1968 ....~_;. ,.J , I - , .~ " /1' ell'" I INDEXED ,. ., () (" r:': PLATTE; 'J , - .....,.' ...) . . Augus t 27 1965 stat. of Mont., County of Gallatin. IS. Filed for recard .. .21 R at 10:02 A. M.. and racorded in Book ~t1.~-De CARL L. STUCKY Recorder. BY' Duty lFee: -- Rt: City of Bozeman