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FILM 43 Ft,CE J66[j
EASEMENT AND RIGHT OF WAY AGREEMFNT rOR
WATER ANIL~EWEfL~~R.Y_ICLJill.E.s ._..".. .,.._._
THIS AGREEMENT, Made and entered Hitc this __"_.}gt~. day of
May _.__ A. D. 1 97lL-, by and between -EQGER B. HOUGEN
part_L of the first part, hereinafter
called the Grantor and THE CITY OF BOZEMAN, a municipal corpor-
ation 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 - _~ the legal record title owner of
Lot 7~ck ~ Durston's 2nd Subdivision
WHEREAS, The Grantee, in the exercise of its power and authority
as a municipality of the State of Montana, proposes to construct and
install water lines and necessary appurtenances to serve
various properties located within the. Northern __ porti on to 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___, ~ willing to grant to the Grantee an ease-
ment and right of way across the above described property of the
Grantor ,and his heirs, executors, administrators, successors,
and assigns, for the purpose of installing, operating, using, repair-
ing, replacing, maintaining, and removing said ~ervice lines
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
whereof is hereby acknowledged, and in further consideration of the
covenants and agreements between the parties hereto, the Grantor
has granted, bargained, sold, conveye~
and confirmed and by these presents does hereby grant, bargain,
sell, convey, and confirm unto the said Grantee and its successors
and assigns the following rights and privileges forever:
l. A perpetual easement and right of way for the purpose of
installing, operating, using, repairing, replacing, maintaining
and removing service lines thereto upon and across the above
described property of the Grantor___, said easement and right of
way to consist of strip; of land 10 feet in width
feet in width being more particularly described as follows:
The East 10 feet of Lot 7, Block 1, Durston's 2nd Subdivision, for
water service, the West 10 feet of Lot 7, for sanitary sewer service.
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F iL~ 43 h\GE 1670
., The perpetual right of ingress and egress to and from said
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tract of land at all reasonable times for the purpose of installing,
operating, using, repairing, replacing and maintaining said
service lines 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 iea 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 service lines 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 service lines
_ i.n 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 G:t'antors for any actual
damage done to the Grantors premises or c~cps.
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FILM 43 FACE 1.671
5.
The Grantor__ hereby c~venants and agrees with the Grantee as follows:
I. That at no time will they build, construct, erect or maintain
any permanent structure over or above the said service
lines 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 service lines .
2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by
the Grantor or his successors and assigns.
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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.
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FILM 43 PAGE 167~
IN WITNESS WHEREOF, The said parties of the first part have
hereunto set their hands and seals the day and year first above
written.
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f:.?CX:rclZ J B. ~~()(~"ctV ./ .,
STATE OF MONTANA )
: ss
County of Gallatin)
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On this ;? day of ~~ ~ 197, before me a notary "1
publ . c in and for said State, personally appeared Jtb6r It' t:J
.. ,-c- _(>'1:,..-' known t& me to be the person__ whose
name subscribed to the within
instrument, and acknowledge 4~
executed the same.
,. ~k~-// fi-<j~-
(,~<.' ,. ""~l<'\" Notary PGblic for the State of Monmna
...-: " Residing at Bozeman, Montana
My Commission Expires
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F IU.~ 43 PACE i67:i
\" By:
,;" \. I ... )' ;l
,. < ~\;}. ~~'-" . , Mayor
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~~EST: r- .
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E/2",.'L_ .. . (
.i--~Y
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City Attorney
STATE OF MONTANA )
: ss
County of Gallatin)
On this 10th day of May , 197~, before me, the
undersigned a Notary Public for the State of Monmna, personnally,
appeared Duncan S. MacNab & Erna V. Harding known
to me to be the M~yor 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.
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.~. . I Not ublic for the S f Monta na
~ ,'r,-.
~.) '!. " I INDEXED Residing at Bozeman, M~ana
F'U,TT'ED My Commission Expires _/ I.>~/ ?'?/
,~.~ "'--.. 49184 (J ,
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.~A State of Montana }
s~ A., County of Gallatin 5$.
':: /'::..~ ";: Filed May 19 ____, 19 78
at___4-:_4:~~~,..m__E-rv1., and
Recorded in boo:, 43 of
_MISCELLANEOTTS-Page 1669
e,...I1. Slurlr
COl1nty eler Record r
By eu.~ ~
Deputy
Fee $ -------
Rt: City of Bozeman
Attn: Erna Harding