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Home My WebLink About81- Henderson Sanitary Sewer and Water Lines Easement Rt: City of Bozeman 9140 fILM 66F,1GE 786 I "$ 0' " -\ - ',,_,;, or IVlont., County of Ga1!atin. S5 f ~~;o'J br I e:;!9r::rrSCEI:I:AN~~~~ber 1 ') .;; 81 . " 8: 15 A. M and reeorded in Boo!{ nn of - , . __~page286 .c..__ _.__._..__ " . /,/ ..) ~~ cr..:__~_~ Recorder. By 1t1<:tt~~__~Zl~+z.?hl____Derll ',- '----) EASH1ENT MD RIGHT OF \JIAY AGREEMErlfr}FOR Sanitary Sewer and Water Lines entered into this ~~day of October ~.D. 19~~, by and between Thomas J. & ---------------,~.~ '--.........-- Ronna J. Henderson pa rtr.... of the first part, hereinafter ~~ ~-~._-----------~~- called the Grantor2 and the CITV 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~_ ~re the legal record title owner of Lots 7 and 8, Block 49, Imes. Addition ~~~~~- 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 sanitary sewer and water lines and necessary appur- tenances to serve various properties located within the north portion of the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS, The Grantee desires to acquire from the Grantor~_, and the Grantor s are willing to grant to the Grantee an easement and ri ght of \;Jay-'aTr~6-ss the above descri bed propet'ty of the Grantor s, and their heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said sanitary sewer and water lines and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly pro- vided. NOW, THEREFORE, in consideration of the sum of $ -0- and -.:;.t........__........._ other considerations in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further cons'ideration of the covenants and agreements between the parties hereto, the Grantor shave -- ~"'~...............'_....- granted, bargained, sold, conveyed, and confirmed and by 'these pr(~s-ents hereby grant, bargain, sell, convey, and confirm unto the sa i d G-rantee and its successors and ass i gns the fo 11 owi ng ri ghts 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 and water line thereto upon and across the above described property of the Grantor s. said easement and right of way to consist of a strip of land ten-'- feet in width being fiv2 feet in width on each side of the following described easement centerline: beginning at a point five (5) feet south of the northeast property corner of Lot 7, Block 49 of Imes' Addition continuing in the west direction parallel to the north property boundary a total distance of seventy-five (75) feet; thence south 45000' west a distance of thirty- five and tllirty-six one-hundredths (35.36) feet to the southwest property corner of Lot 7. The total easement width of ten (10) feet is de:licted on the Attachment A. -1- " , I r IL~ 66p,WE 787 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of iQstalling, operating, using, repairing, replacing and maintaining said sanltary ~pwpr nnd wntp.r linp~ 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. Tha t , in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said ,nn;tnry ~pwpr nnd Wntpr it will replace at its sole expense, a 1 existing fences, ditches and other appur- tenances 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 wi 11 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 substan- tially the same condition that existed prior to the beginning of operations except that the surface of backfilled 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 and water linps 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 shadd become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. -2- , 5. f1L" 66 r,~GE 788 The Grantor s 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 residential sewer unless such structure is built, constructed and main- tained in such a manner that it would not interfere with the operation, use, repair, maintainence, replacement and removal of said residential sewer' . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein. granted without any interruption by the Grantor ~.. or !.!.1"~~_: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 thei r hei rs, executors. adnrini strators, 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, administra- tors, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. It is also understood and agreed by and between the parties that the water and sewer lines will be constructed before the building con- struction takes place. -3- " FILM 66 PWE 789 I N WIT N i:S; I"J/ I L F: I 0 F , -J 11 c, :~~ d 'j : ~ ) ,'1 '( t ; r " ! i! I' : ~" : ,rl l ',/1' hereun to "J'L Lile i r flillld'c, imd ':'Cd i' ;.1:1 I" , / (': (J r' i: : .. ~ t I ' , 1'1 r i t t e Ii . 11M~1jJ~A.~ /) d .Nft STAll 0; ;oK),; Tilru\ ) ~1/?l,tJ...;' .~., UIi'v , c Co un ty u f l;ll] 1 iJ ti 11 ) /v..1 , t/J- ..~., /l.JI ., - ., .,~l(\ i On thL, IY... day of C>ciIJbfr .[9 fJ, 1;1'(01 . " public in an cl . -f()'r:""jicl (IOh\ ri'c;'r,'o',j-llj\: -\1""11' 77lC!/;,1:r>i.'_ ',7;, -~'. . " .../ ( , ".\ 'J(A _.. ~ . _ .J I (I ;/ 1,\.) d: ( L. l!et....df;r..[(.~l'! t!i!6/ A;/.Z'!J!(i...:[ji.l,;,tl/'(,(t1'':!,.m k Ii UV!: 1 ! ('! tCI tiC L h~:.\ ; '~r#~ '('~':'::'! :;'~-.f Ivho Sl' n illllC S (; 1 Ii \; C r-i i ,', ~ _.l.'! L 1-1' ,", .. IV i t: h i n ins t )'~llni(;rl'T-, --il-Il'(Til~C).ii(:I\v'l'c:(rci'l"(j 1.0 I,'.. I~.,' fA ....,. "'. . I '(_.1 _, /."" eXCelJ ted t Ii I' ',,': i I". '" .'1 '":.....~., ..1--..,: l' }~.~ '., /II< r" -:. ,-"' .,.... - ". ".' ~. ! ,.,.-,.,.- .,. ~.. .- --.-.- --- -, ~ ,..'.- -,., - -- - - - , . ,~ .. ~ .. . . . ~ & f (i (J. . , \'. ;,iN)2f}f \ .(4ct;p:ln!cI_ C' ,C' I, I '/ :: I' 1 1 C to) t !,;' <:, L:1 ! c' c' ~- :':r,"jn .1-.1;[ ;:1"1 ~C'I :~~ i rJ i 111:; r:': I, 1,1 ':-\ ? .~ I't , ) (, !, j! 111 i'iv C' i c,j ()Ii !.\ ': i !t'9(..~f /L//7l'3 - ~,.,. - ,. ,.,~' ,.,..'., ..,~' ".- - - . . filM 66 P^GE 790 THE C;EEMAN By: ~ Mayor ATTEST: ob . vah , Cler ..~ ~~~.t~7.'tO~ission ~ ~ )\".; ~,JJ~" '.' APPRO-VE~1) '.,~.,. . r '-> -I:; C"j. ' "'.;.':' ~~Jj2 ~ Ci Attorney STATE OF MONTANA ) : 5S County of Gallatin ) On this 14th day of October , 19~, before me, the undersigned a Notary Public for the State of Montana. personally, appeared Duncan S. MacNab and Robin L. Sullivan 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 ~JHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. ~\\~\nlltt'fu'ff .,' ""' ,1)1 '.. ". ..~~' ..-, \.... ).t,.. I~/~ ;'\."\.: " ,~....II,..~ ..' A.......' ~. ,~, ."", ' ,...~ -/ , d"_A_rJ.-A..J .'i-. \ ., ",..~ t~. ," ~ , ".i.f..",: '.',~,"~",,~ .'~ c" .~ ~~~ ~\G)/j;/'b '-.~\_. , W---tA J) ,...j -~( or ... '. "... . ,- ~'\'i:.Sf:(' tt: ;t Notary Public for the State of Montana .~ .0,'. \A. ..,' .',--:: - "1:1.0 ~ - <II, J' ..; ,. :;. .,,~.~ ' . '.l..', i Residing at Bozeman, Montana ", l'~_ _.~...t..~'? ~.:~ My COlTlTlission Expires C~-'L-<jJ 0.')) 19f;,) ~- ~ . - .~.... '." .' '. .- -5- , . . . ." . . //11, ) ( ?~ Wl ,,:4, t A" . - flU~ 66 r^OE 791 '0 1JI "- h:~~ - ~ ~ ~ t!: ~ l1.1 ~~ ~ O~(:l ~wl r- :) to . \() (0 ~ Z \- \- UJ 0 - CC\.J..\9 0 0 -1 -' ... ~~ I .... \S n ... ... - . . Zt--- ~ .. Q S\PEWALK BRAND