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Home My WebLink About75- Henderson Easement \."" . . '. . ,- " ..... .. .. . '- ;. FILM 31 PAGE 772 EASIHIM'1' AND RIG1ft' or WAY AGREEMENT FOa SANITARY SEWER THIS AGREEMENT, Made and entered into this 10th day of October A. D. 197~, by and between CARROLL V. AND VERA E. HENDERSON part~of the first part, hereinafter called the Grantor~ 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. WIT N E SSE T H : WHEREAS, The Grantor..!.. are the legal record title owner~ of Tract 12, Bozeman Creek Annexation more particularly described below, and WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of MOntana, proposes to construct and install a sanitary sewer and necessary appurtenances to serve various properties located within the southeast portion of the City of Bozeman and Qne or more such lines would run across the Grantors land; and WHEREAS, The Grantee desires to acquire from the GrantorJL, and the Grantor..!... are willing to grant to the Grantee an easement and right of way across the above described property of the Grantor~, and their heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said sanitary sewer and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particul- arly provided. NOW, THEREFORE, in consideration of the sum of $ and other considerations in hand paid by the City of Bozeman, the receipt where- of is hereby acknowledged, and in further consideration of the coven- ants and agreements between the parties hereto, the Grantor s have granted, bargained, sold, conveyed, and confirmed and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: 1. A perpetual easement and right of way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a sanitary sewer thereto upon and across the above described property of the Grantor~, said easement and right of way to consist of a strip of land Thirty (30) feet in width being Beginning at a point on the south right of way line of Garfield Street, said point being the centerline of the easement and located South 890 53' 53" West a distance of 65 feet from the Northeast coraer of a tract of land described in Certificate of Survey No. 168, as filed in the Gallatin County Courthouse, Bozeman, Montana; thence South 200 53' 49" West a distance of 189+ feet to a point 20 feet measured at right angles to the East property line of said tract of land; thence South 310 11' West a dista.ce of 15.00 feet. -1- .....': i i.- ... .. . , " " , FILM 31 PAGE 773 .... The above description is the centerline description of an easement consisting of 15.00 feet each side, east and west, measured at right angles, for a permanent easement and an additional 15 feet adjacent each side to the permanent easement for a construction easement. Said ease.. ment to exclude all property located in the Garfield Street right of way and the Chicago-Milwaukee-St. Paul and Pacific Railroad right of way. The above described permanent easement contains 0.14 acres and the above described construction easement contains 0.13 acres. ... The perpetual right of ingress and egress to and from said 1;.. tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said sanitary sewer and for the removing 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 appurtenances 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 installing, operating, using, repairing, replacing, maintaining and removing of said sanitary sewer 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 condition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible. 2. That, during operations involving excavation, it will remove the topsoil from the trench area to a depth of one foot, or to the full depth of the topsoil whichever is less, and stockpile said topsoil for replacement over the trench, and will remove from 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 the finished surface in sub- stantially the same condition that existed prior to the beginning of operations except that the surface of back- filled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 3. To operate, use and maintain said sanitary sewer in such manner as will not hinder or prevent the proper cultivation of the tract through which this right of way is hereby granted. 4. In the event that it should become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replccing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantor9 premises or crops. -2- ". , . . " . . , " FILM 31 PAGE 774 s. The Grantor__ hereby covenants and agrees with the Grantee as follows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said sanitary sewer unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainence, replacement and removal of said sanitary sewer . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor!- or their successors and assigns. 3. That they have been lawfully seized of said premises; that they have good right and lawful authority to sell the same and that they and their heirs, executors, administrat~rs, 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 whomsoever. It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administrators, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. ~~~~~~ ~~~~~ ~~~7~ - ~ ~~ ~~r./V~ ..3- !fit" # . ... ~ .~ ~,.". .. ... . , '. . FILM 31 PAGE 775 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. fW~!JJ-#A~;- JR)u-J. ~ ~MJ.,l<A 1M / STATE OF MONTANA ) : ss County of Gallatin) d ~-~ .- On this /5 day of ~ 1970, before~, a nota~Y-?1 d I peb).;c in aQdJ~ sJid State, personally appeared L~ 2/ ~ '1' 1~ a..~ known t. me to be the person~ whose name S ~ ~bed to the withio instrument, and acknowledged to me that executed the same. J;~ . Notary Public or the State of MoQ,tl!ha"< _ Residing at. zeman, Montana :::- ::. My Commission {;PireS J - . (~ - / - 7"' . , ~,"~'~~~,......,,~ , , ... - "I," > -4- . .' .. . ~ 1'., ... .- It . .. i ~ . . , , FILM 31 PAGE 776 , o. ~ -,_..-,~ -... ~......,._...~ '\. ,:<,~':-:;"":' -~,? ,~-S- _. /~ ~t._ ., ;~:t;~t~- - \t~ "'-l"/~i ;'- ..'''~~:\,:.'.;;:. :~~, ..i: -=<_:... ~.~."";~...0~a4 -~.:~,,-~\--""- ,:p :-~ ., . -,.,~k-,.7;"'~. . - E:RN1t-V-~ ltARDING " Clerk of the City Commission APPROVED: @~~ City Attorney STATE OF MONTANA ) : ss County of Gallatin) On this 10th day of October ,191>_, before me, the undersigned a Notary Public for the State of Monmna, personnally, appeared Edmund P. Sedivy, Sr., and Erna V. Harding 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 for 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. .'-, ., ,., -';,. \ .~ J'!~:,. Monta na " .; :- \~-::.~: ---." " ,. ,- . '~ _"....,'" ; 'I:~.,',ot. ',,", 11I'. . . $ t , .' "'"I ~ :~:':^' ~, U I ~ r<<lJm ~rm for f1itJ Sfilfllllf Monfand " . -.J>" ..1, f". ': ,_. I. Resldmg at Bozeman, Montana '0;'.;., . <f~. .'0. M9 CommIssIon expires December 11, 1977 ..(. It..... """"''''1',,+.''''1I''''~'~'''',~ ..., ,',:",<?..~ ~~ v{-:: "'/ "":"11',<,,' INDEXED PLATTED 22339 P~~teof Mont., County of Gallatin. ss Filed for record December 18 ,t1'975 at 8:05 A.III..and recorded in Book 31 ~SCE~.EOUS page-IlJ. CARL L. . STUCKY Recorder. By(';' C/. . Deputy Rt: City of Bozeman ..."r.. ....~ '----\ , '-' .'-'....:.r_~N ,"I,. (<.;~::::. - , .. .. \ " ,. . :.~ .;~ : '" , . '. , 31 PAGE , , ... FbINr CF' .. " ! 'BE (,;2 I ~N I t'-i'& ~ / ./ /"../' . " .. . . '. ... '-, .. ~". ~ . ..~ - . . 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