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Home My WebLink About62- Haggerty Easement -.1 ~ ... .' ~ - , i i", I I . ;. . If" aOOK 20 PAuEJ92 ~EMENT AND RIGHT....OF-WAY AGREEMENT POll SANITARY SEWER LINE THIS AG:REEWDlT, :Made and entered 1n1io thla ..z. ~ clay of CJol.:J. ..,( A. D. 1962, by and between Edward c. HacI.rty and ~Iva A. Hauerty or BOleman, Montana, hUlbanel and wite .s jo1Dt teDaDta . parti.. of the first part, here1Datter oalled the Grantor8 . and THE CITY OF - BOZEMAM, a munioipal oorporation of the State ot Montana, in Gallatin County, the party of the second part, hereinatter called the Grantee. WIT.ISSETUI WHEREAS, The Grantor · are the legal record ti tIe owne~ ot portion. - - ot the Guy'. Seoon.d Addition. to BOlelllUl. Montana , aad lWliEREAS, the Grantee, 1n the exeroise of it. power and authority a. a munioipal1ty of the State of Montana, proposes to construot and install a .anitary .ew.r liDe trom. the exilting system at East Main. Street and Rouse Avenue, 1n the City of Bozeman to the louthe1"ly line of Viestridse Sub-diVision, in the City at Bozeman, a portion ot which propolled. .anitety sewer ItDe would. run acr... the Grantor' lanet, and. - WHEREAS, the Grantee desire. to aequiN from the Grantor,' , and the - Grantor' are willing to grant to the Grantee as easement and rlght.of...way - acro.s the above desoribed. property of the Grantor' , and their heirs, - executOrs, administrators, suooe.sor. and .'Iigns, for the purpose of install- 112&, operating, u.ing, repairing, replaolng, _1nhining and removing said sanitary sewer line, and tor suoh flther right. ot aooe.. end incidental rights a. are hereinafter described, all as hereinafter more particularly provide.. NOW, TBER.FORE, in oonelcleration of the lua ot. ..s-c:>. - , in hand paid by th. City ot BOlelDBD, the receipt wheNot 18 hereby aoknowlidg'ed, and in further oonsideration o~ the oovenant. and agreements between the parties. hereto, the Granto~ ve granted, bargained. sold, conveyed, and oonfirmed, and by these presentB" hereby grant, bargain, s.U, convey. and oonfirm unto the .aid Grantee and its sucoessors and aSlign. the following rights and privileges toreverl 1. A perpetual easement and right-ot-..y tor the purpose of 1nstalllns, operating, u8ing, repairing, r8Flacing, maintaining and removing a sanitary lewer -1- .,;.-:" ~ 0- " 0 , , '..... " ' , . .' , . , ... .' l~ cO PAi3E3~3 ,} - , ,(< aOOK li:n.p. and appurtenanoes thereto upcm and aor088 the, above desoribed }Jroperty of 't:ltd Gy.'~,nt(:'r ,> said easement and right...ot-way to oonsist of' a strip of land ~}'\L.ty (.s0r~'eJ.:; in width lying and being tifteen (16) teet on each side of the :ollowing de~cribed center linea B.sinning at a point on the South line of East Story Street. said point being 3.3 reet .est of the east line of Guy's Second Addition, theBce in a southwesterly direction a distance of 104 teet f to a point 60 feet .est ot the east line of said Guy's Seoond Addit'on; thence in a southerly direotion 60 feet west ot and parallel to said East line. a distanoe of 162 feet, more or less. to a point on the south line of Fraotional Lot D of' said GUY'l!I Second Addition_ 2. The perpetual right ot ingress and egress to and from said tract ot land at all rea~onable times for the purpose of installing. operating. using repairing, replacing and maintaining said sanitar,y sewer line and appurtenances th'3reto and for the removing ot same if' end when desired by the Grantee, its succe380rs and assigns, TO HtNE .AND TO HOLD the above described right...ot...way with all the appur- tenanoes and privileges unto the Baid Grantee and to its successors and assigns ,torever. The Grantee hereby oovenants and agrees with the Grantor as foilowsl - s 1. That in oonnection with the installing, operating, using,. repair- ing, replaoing, maintaining and removing of Baid sanitB.ry sewer'line it will replaoe, at its sole expense, all existing fe~oes, ditches and other appurtenanoes of said land th*t may be dl~turbed by its opera. tion in a oondition equal to the oondition thereof extsting before said operations were begun. or as near thereto as shall be reasonably possible, and in the event that the same oannot be so replaced the Grantee will pay to the Grantor the reasormble value of the damage done 'by it to the same. .. 2. Th~t during operations involving excavation~ it will remove fram the site any large stones or any kind of debris that may have been exposed by the excavation and remaining after bacKf.'illing is com- pleted. and shall leave the tinished surfaoe in s~bstantially the seme oondition that existed prior to the beginnin; of operations. except that the surtace of backfilled areas may be mounded suffi... e :i.ently to prevent tne- tcunnation "of depJl:assitlud "~dter final' settle- ment has taken place. s. To install said sanitary sewer line at such a reasonable depth below the surface of the earth as will permit normal oul t',vation of the gr ound. 4. To operate, use and maintain said sanitary sewer line in suoh a manner as will not hinder or prevent the proper cul ~;;ivat'1::n of 'che trf\.ct throug11 which this right-ot...way is hereby zrantpd, ~,t being under-. stood that the Grantor shall be .reimbursed in Ltll b,' ":;he Grantee for a,r'7J !\':ltual damage dine to the orops or '~e prem:i ae~ by vS.:-tus of the Grantee's entry thereon. The Grantor hereby covenant and agree wi~h the Grantee as - -- foUown; . ' 1.. ~at at no time will build, c'ms'tru;:}"c, e:-,')(;t (IT" mr,~_nt~in any pe:~m9.nent structure ov~.,. above tn.:! sd,d'~~,;citJ.1'Y S€7"'ll" li:,le unlef.3 such struoture is bull t, oonstl~nctcd ;m(~ nri::,~;;I:.i.:.1Elii i:a ~1.Flh a m"lllncr that it would not interfere w:i. t,;.1 tl....(l~:re;'"c t::';J:n., US"" ,,"€pair. mail'1te::maae, replaoement and removal of said s'.t.j;~:;"thl-Y Se1":er lil~eo -2- .... . . ll- l< .. .' .' . 4Ir, 11- " ' , ~ cU PAGE:J95 .... i .. a. SOOK Seal on the day and year in this Certificate first above wr1~ten. ," .... . ~ ' , , , .' , ...c.~"}.... .1 ~ ',;'~ .' -.: ~ , t, _'~~ ''':10 I' ' " < .. STATE OF MONTANA ) : 81 Coun~ ot Gallatin ) On this #/,$ rdaY ot t:7~ ~ , 1962, before me, the undersigned, a Notary Public tor the State of Montana, personally appeared Fred M. Staudaher and C. K. Wilson, known to me to be the Mayor and Clerk of the City Commission respectively, of the City of Bozeman. whOle name is subsoribed to the within instrument and acknowledged to me that they exeouted the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set II\Y hand and af'tixed my Notarial Seal on the d~ and year in this Certifioate first above written. Rotary ~btrf~~ Residing at BOlemaD, Vontana ~ Commission expires NOtARY PUBLIC for the State of Montana Residing at Bozeman, Montana My Commission Expires May 20, 1965 iNDEXEP 43157 -4- PLA(,:t . , , .. November 1 , . 1962 State of Mont., Cour.ty of GallatF'J. ss. Filed for reeo. d. 392 12' 48 P , ",,-.u'--c:' !"c"',k 20___othsce11anp.nll!"lpage at EA~L WALT~:1.. anc rW"'~;';or~:; ~y ~ ...1 'm~ Deputy