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Home My WebLink About62- Haggerty Easement (2) ...,.' ~ ... ... # ;.. ,~ - , ,..., I ~ ~ . ! '" L aOOK 20 PAGE392 1USEMENT AND RIGHT-OF-WAY AGREEMENT FOil SANITARY SEWER LINE THIS AGREE!m:NT, Made and entere4 into thll ..z. r clay ot 0014 ...,f A. D. 1962, by and. between Bdward C. 1!aI&'J't1 and En. A. Haggerty of Boz.man, Montana, -, husband and ..it. as joint t'lW1t, parti.. of the first part, hereiDafter oalled the Grantor' , and THE CITY OF - BOZEMAl4, a munioipal oorporation of' the State of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WITNBaaETU, VffiEREAS, The Grantor , ar. the legel record title owne~____ of portion. ---- of the Guy', Seoond Addition to BOleman, Montana . and VvllEREAS, the Grant.e, :in the exercise of it, power and authority a. a munioipality of the State of Montana, proposes to construct and install a lanitary eew.r line trom the exilting system at East Main Street and Rouse Avenue, in the City of' Bozeman to the loutherly line of Viestrictse Sub-division, in the City ot Bozeman, a portion ot which propoled ,anitary sewer line would run acr... the Grantor' land, and. - WHEREAS, the Grantee desire. to aequire trom the GretorL, and th. Grantor8 are willing to grant to the Grantee ae easement and rlght..of-way - acr088 the above desoribed property ot the Grantorl , and their heirs, - exeoutOrs, adminietratora, .ucceasor. and ..eigns, for the purpo.. of in.tall. q, operatins, using, repairing, replacing. _1n.alning and remo...ing laid sanitary sewer line, and tor suoh other rights ot aoce.s end incidental rights al are hereinafter described, all' a8 hereinafter more particularly proYidej. NOW, THERJFORE, 111 oonsideration ot the lUlL of. .s-c:>. - , in hand paiel by the City of Bo.eman, the reoeipt whereof 11 hereby acknowledged., and in .t'u~er consideration or. the covenantl end agreements between the parties. hereto, the Grantor' T. granted, bargained, sold, conv~ed, and confinaed, and by theee presen~ hereby grant, bargain, .el1, convey, end oonfirm unto the 881d Grantee and its sucoeasora and asaigne the following rights and privilege. forever. 1. A perpetual easement and right-ot-_y tor the purpose of mstalllnc, operating, Uling, repairing, reI-lecing, l'II81nte.1nlng and removing a sanitary lewer .1- ....- ,. ." . " ...- j ".\:.r: ~ €' I f l' ' . cO PAGE3Y3 BODK li:M n-.:ld appurtenances thereto upon and across the, above described propel"ty ot 't:iH~ G!'~ntc'r " said easement and right..ot...way to oonsist of a strip of land ~;::-I:L~~ty (3I)r~'eJ;; in width lying and being fifteen (16) feet on each aide of the :ollowing de~cribed oenter linea Beginning at a point on the South 11ne of East Stor,y Street, aaid point being 3.3 teet welt ot the east line ot Guy's Second Addition, theic. in a southwesterly direction a distanoe of 104 feet to a point 60 teet west of the east line of said Guy's Second Addit'onJ thence in a southerly direction 60 feet west of 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'. Seoond Addition. 2. The perpetual right ot ingress and egress to and from said traot of land at all re8~onable times tor the purpose of installing, operating. using repairing, replaoing and maintaining said sanitary sewer line and appurtenanoes thereto and tor the removing of S8me if end when desired by the Grantee, its suooe3sors and assigns, TO HAVE AND TO HOLD the above desoribed right...of...way with all the appur- tenanoes and privileges unto the said Grantee and to its successors and assigns -forever. The Grantee hereby oovenants and agrees with the Grantor as follows I - 8 1. That in oonneotion with the installing, operating, using,. repair- ing, replaoing, maintaining and removing of said sanitery sewe:r'line it will replace, at its sole expense, all existing fe~oas, ditches and other appurtenances of said land th*t may be di~turbed by its opera- tion in a oondition equal to the condition thereof ex\sting before laid operations were begun, or a8 near thereto as shall be reasonably p08sible, and in the event that the same cannot be so replaoed the Grantee will pay to the Grantor the reasonable value of the damage done 'by it to the same. .- 2. Th~t during operations involving exoavation~ it will remove fram the site any large stones or any kind of debris that may have been exposed by the exoavation and remaining after bacicfilling is com- pleted; and shall lea~e the finished surface in s~bstantially the seme condition that existed prior to the beginnin; of operations, exoept that the surfaoe of backfilled areas may bo mounded suffi- e 5.ently to prev.ent t:fte- to Jnnat ion "'of depnDssi611S "'utter find' s.ettle- ment has taken place. 3. To install said sanitary sewer line at such a reasonable depth below the surfaoe of the earth as will permit normal cult'.vation of the ground. 4. To operate, use and maintain said sanitary sewer line in such a manner as will not hinder or prevent the proper cultiVati~n af the tr~ct through which this right-of-way is hereby zranted, :t t being u':lder-.. stood that the Grantor shall be ,reimbursed in L~ll b,r <;he Grantee for 9..r:q Mtual damage dine to the orops or '~e premj3e~ by vi:tue of the Grantee's entr,y thereon. The Grantor hereby covenant and agree wi~h the Grantee as fol1owl3; .... ~- 10 That at no time will build! O':'llS+'r.U;}';~, er;1ct nT' rllEt:l..nt'lin any pe:'ID'inent structure ov~.,. above th.) l;ir~:i.d 'l",t~~,t...:l.l':Y- s€w~r l:':.lfl unleE s such struoture i8 buil t, const..~ucte d ani rrki::,r~cf~ Lll:l(i iJl ~u<Jh a nVlllDer that it would not interfere w:1. ~1 till'! ':,:pe:::"fC. ticn, ".lBC.f '.'epair, JDai1:1te:.1aJll8e, replacement and removal of said a~,l.1:.:;_th:ty de'\";sr li:t~e~ .2- .,;.-:.. '~ ~ " I.. , f .. " . . . I II .. 800K cO PAGE394 I I. ~ the GNate. .., ......bly ..14 aDd .yo, tJae ript. and pr1vlleg~8her.in lranted witpllt anytnterruptlp by the Granwi:' AI" '" ""~.... ....lp. they II";;; 3l1thepaat t~ _hU, ..11.. ., ..14 r=-:II 1iJaa' lood I'll a lawful authorIty to lel the ,ame and ~nat _J" and heirs, exeoutors, administrators, suocessors and assigns; shall warrant and defend the title to laid premises unto 8a1d Grantee, and its sucoessors and assigns forever, against the lawful olaia a.nd demand or all pel"sons whomsoever.. It is underl'ltood and agrEJeca by and between the parties hereto that this Agreement shall be lltndin'g upon the" heirs, exeoutors, "ndrdnistratQtl. 8u~e'" SOl'S and assigns of th~ Grantor___ and upon the successors and ass1~n8 of the Grantee. s have their 8 . IN WITNESS ImBREOF', the Grantor hereunto set hand and seal and the Grantee. The City of Bozeman, has hereunt. set its hand; by its ~or and its Clerk of the City Comm~..1on. each thereunt~ulY authorized, and has caused i te corporate seal to be affixed, all on this )1fT": day of t7.c'/..dh4'. , 1962. , ,'7 ~ f'i'&;V ( ':.: ',~ [ ~ .... ~ ., "::: ~ 'L1-'\ ' .... .. '~'<~.":';~--""-"" - I.~ ",,"l',; ,'.". ~ Ii(' 'll. 1II'8~' ";.' . '. '-,"" ./", .. v.z{ I . '. ~.. \'..'~ ;;, THE CITY OF BOZEMAN , \,~'. /~..1.,~ ~..,..~: ~~~.L~ : ," ,~ ' ~ , ., ..... r~ "'~A" ~ \' u/,~ ,~'")( : ,11 'II 1\..1"' , ,~" ,'/, ":J' : C': .. ,.\ \.. .I'J". n.., ,.,.'. I ".' ~ .,'1. ~ ,"~\ '\ " ',.;;. \. " ~,." ~/,' r,~ I~ '1 1[",> . 1'-~ 'I".J. ~-.,~(O. ':: ' :_"':"':::,C- Mayor ~ ,,"" r 'r .0;., r.\" '. !. . ,," " ATTEST, c, t!v(ff:(dW~ Clerk of t1l~ City Commission APPROVED I S TJI, TE OF aallata ) I .S County of .) dcfd Ir~r- ,l-.r Montana Edwa9tl tIQlfI~ itr4~962, before me, the undersigned a Nota~ ~blle or e StatelO . personally appeared . t known to me 0 e the person elcr e n an w 0 signed the forego ng ln$trument as Grantor and-acknowledged to me that had exec~ted the lame freely and T01untarily. for the uses and purposeS--thereiln expressed. IN WITNESS WH;';RBOF. I hn:e hereunto 8et lrIJ hand and affixed my Notarial .3. .." 4 , .... .. ... .' ~ ~ lI, . ' . .. (;U PAGE :.i95 . , . . BOOK Seal on the day and year in this Certifioate fir8t above written. " '..Jt."'.~~.~' 4p'~,' , , ~~-', .' ...WI ~ , ,..." ,,' " , .' ... . , " ' , : ~ . '.' STATE OF MONTANA ) : 88 County ot Gallatin ) On this #/"iTdAy of t:74!!.~ , 1962, before me, the underl1gned, a Hotar" Public for 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, ot the City of Bozeman, whose name is subsoribed 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 set mv hand and affixed a:y Notarial Seal on the d~ and year in this Certificate first above written. Rotary Pub11fi~ Residing at Boteman, Montana ~ Commission expires NOlARY PU!3L1C for the State of Montana Residing at Bozeman, Montana My Commission Expires May 26. 1965 ," iN D EX E.D.. 43:157 -4- pTA(-': E " . ,. November 1 , , 1962 State of Mont., Cour~ty of Gnllat!;":. 05. Fdcd for re,~crd-- 392 12 48 P . ,.\. .....,-1 20 olv!isce11anp'ol]!'1. page at EA~L WALT;;1" and r~c'~~':;r~:;:~~~-~ _1. 7Yl~ Deputy