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HomeMy WebLinkAbout78- Keltz Easement , . . . , . . . . . . I FILM 46 P^GE 1556 EASEMENT AND RIGHT OF WAY AGREEMENT FOR A SEWER LINE THIS AGREEMENT. Made and entered into this _~ day of October A. D. 197~. by and between MARIE KELTZ and GENE COOK parties 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 property 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 sewer lines and necessary appurtenances to serve various properties located within the Northeast 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 GrantorS , and the Grantors are willing to grant to the Grantee an easemen~and right of waY-across the above described property of the GrantorS , and their heirs, executors, administrators, successor,s and assigns, for the purpose of installing. operating~ .using, repairing, replacing. maintaining, and removing said sewer lne 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 $ and other considerations in hand ~id 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 Grantors 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 follow- ing rights and privileges forever: l. 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 Grantors , said easement and right of way to consist of a strip of land ~ feet in width being mCTe particularly described as follows: An easement located in the Northeast ~. Section 6. Township 2 South. Range 6 East. Montana Principal Meridian. Gallatin County. Montar.a. and being more particularly described as follows: Beginning at the North ~. Section 6. a stove bolt; thence South 000 13' 33" West, following the centerlino of North Rouse Avenue. a distance of 1293.40 feet; thence North 88 55' 33" East, a distance of 700.02 feet. to the point of true beginning. The permanent utility easement is located 15.0 ~eet on each side of the following described centerline. with a constructlon easement 15.0 feet wide contiguous and adjacent to each side of the permanent utility easement; thence North 000 13' 33" East, along said utility easement centerline a distance of 230.00 feet; thence South 880 55' 33" West, a distance of 670.02 feet to the easterly right-of-way of Rouse Avenue. said permanent utility easement contains 0.62 acres. . ..( \ . . . . f IL.~ 46 Fm_1557 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said sewer line 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 sewer line it will replace at its sole expense, all 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 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 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 sewer line in Auch 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- .j'" . . 5. f 11.M 46 P^GE 1558 The Grantor1- hereby c~venants and agrees with the Grantee as follows: l. That at no time will they build, construct, erect or maintain any permanent structure over or above the said sewer line 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 sewer line . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor s or the; r 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. -3- ., . . . . . fiLM 46 ,'ACt 1559 IN WITNESS WHEREOF, The said parties of the first part have hereunto set thar hands and seals the day and year first above written. X lr!afi-u/ ~11 ' ~IE KELTZ and/or ' 'A"t! f to-cL v GENE COOK ATTEST: .1 /.; /j . ... J · .' . / . ,. { /C~d: L~.1./ \ . "" ( c/}t!. /1/[" , II .;/" Secretary STATE OF MONTANA ) : ss county of Gallatin) On this /9 tL day of .~pJ., in the year 19_2JL, before me, a Notary Public in and for said State personally appeared 7:r)t'tU-< t.L~ 11 /;1/tu r',lnlknown to me to be the Jl..A.4.<< ~ , / I of the corporation that executed the within instrument or the person who executed the instrument on behalf of ~id corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. . ..: i,; ~',' \~, >:' /1 ,t"',;.41......, , . ~--Y'l. d. (/ J .' ~ . ' .J}~<...../ .' ,,::.. "';.;.'/ "'\r:, Notary Public for rJhe ~e;3:~e,:.of ,:. Montana " /;., . ,J . t~.' ! Residing at Bozeman, ~~~' . ",:', My Commission Expires ;... 1i:..:f&r;'/~. ":1, ; '\ \ ' , ',' : ~.' . -4- . \ " I". . . , . . FILM 46 p^c[1560 THE CITY OF BOZE~\N .." \, . . .... t I / / . " 't' .... \/. . ,,/ /^A/./J ........ !o. .~,~.> t '. ,~ .-~ " / . /' ... '. .... l. C' '. IY . c. >,,' /' . ... " '-II" . . .../-/-. ,.- " ..'. _ ,/ -.. ?, .", ' "- By '(/~~-7;-,/r;;"L~...- -" ~~7t'--..-- ( '. .- - 6 Mayor . . .\ ,~~ ,,' ~.. . . , : -. NfTEST :..... . J'. ~ -, " ,', / ';-J .-..'. ~'...". .. (... "L ( , ,'It, I f/:',<>i;....Ij.,'j':.{ .' --~.)'__ . ..,,~ .... '<--cc " / ~..".~ -{... .. {.< :2;:-' < ..r../ ~ --- ERNA V. f.J.ARDIN.>, Clerk of the City Co' 1ssion A PPROVIm : . ....7) ..~ /" ... ... / '----- .5) r.. .-L--'-2t.0. ,//----~..,. .. --'/ . ~/ ? City Attorney /",/ STATE OF MONTANA ) s ;.; CO\.lnty of Gn11a tin) On t h i 3 .1t.th..___ d ,'1. Y of J!~ob..\:_,_._,.__ ,L j;a_ . (> 1 (' r e . :.', C h" und.ersi.gned il Noun.y Publi.c fpr th.o ~:;t!:,L." fl-tont., fl;':, ~).:)nnHlly. a i)pea red ~~~_.!'_!_. S.5l~!YL__~!~L--~, E~_..!.!._~r4~jt_____________k n OHn to nlt~ to be the Hayor and Clerk of the City Comm~_ssion rc","cpecti-yely, of tl1(~ City of Bozeman. whose names an, subscribed to tI-,( >.'lthi:--, instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WllliREOF, I have hereunto s~t my hand am] affixed my Notarial Seal on the day and year in this Certificate lrst above written. ..' \ I. , '~, i ~ i . . ) t. \. . " '... \, ' . \ \' . "', ') ~I j (fl. ..~ ," INDEXED J/ ,'---'-- ( ,- ~ ~u:.. x.J__. .--.-_.--~-----.-..- '. NO"a!'y \J")".(' r"t- ,-I.,.. ".t".-, ...., iv'-r't"[!-J ' S""~ I.,' ..' , I.~"..". ~ ~- - ,..... L .J.....:.... - ,:"..J \,.l.~... ,.. ",.il..,._ \.)./.. l~\.I.:..:..-I. ~. . I '. ' PLATTED I ,..-'.. .. . "/, Cr,! I ..-: Re:;iding 3.:.- EC~'2,"an, r1ont.""ia '" ' '" ~ I,', (' -..~ '.'c" .... E" ,. ',." elL" ~ 9V'J "', .:;;.>. , 55021 ") 'JOIi)",ts,JU. "c)llu"r':-J""-. - '(jT..L. O{ , , ... 'If, (.. .....,.... t '.'1. I' .' State of Montana I s County of Gallatin f s. Filed October 12 ,19 78 at 3 : 35 PM., and Recorded in book 46 of MISCELLANEOUS Page~6 Ca,.1 J..~ Slucl, ____ ~unty Clerk & Recorder By ??;~ ~,-- Deputy Fee $ - - - - - - Rt: City of Bozeman . - I~~ ' .- \.1: *' . . .' , . fiLM 46 p^GE1561 N 1/4 SEe. ~ '~, _ Fl'JD STOlE f30L-T T C 5 R6 E SEerlON 0 SCALE ,.'. \OC,- - li CON5TI2UCT1ON EASEMENT ~ ! PERAMI\NET EASEMENT 1~ ----------b1.. -------- -~-----------E==--- UJ -!! I VI --- ~ SE\i;3055' 33"W -- --- I J - (070. a~ I - -, ~ t I o ~ --- ----- --- --- ~~ ------- ------------:------------"D1- --I : lL In , . I l1J I o fY1 1m. I ~ -: CON5TeucTION EA.SEMEt-Ji-1 ~~! I - 18 I · 1M I ..j '0 <\l ~ tn I ,0 I tl1 _ I '2 I S2 -11~ I W I I \J I 15 t-.J 86"55' 33"E: 70::>.02' I ? e;.. C. O. 5. NCJ. 405 BRYANT STREET - - - + ~ '{ a ..j & INDUSTRIAL PROPE~nES 5UBD. CITY OF BOZEMAN LITI LITY EASEMENT I' . . ::., - I i, .,. !