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HomeMy WebLinkAbout66- Kirkwood Baptist Church Easement , .. 4 . . . .., . . . 6 Octcber 1966 . Kirkwood Baptist Church c/o Orrtlle K. OIla, Trust.. Boute 12 Bozeman, Montana Dear Mr. Oma: We are forwarding herewith tor your tile a tully executed copy of the Sanitary Sever Easement and Right-of-Way Agreement which 18 selt-explanatory. . The 01 ty'. cop)" ot the agreement vill be recorded and.ad. a matter ot record at the Courthouse. We vish to again thank you very very much tor granting this easement which ve are hopeful vill be mutually satisfactory. Sincerely, OSCAR I. ctJTTIlfG City Manager OEC : ws 8110. 00... . . . oUCh 23 rJAGflr-i9 , -'..~ <""- " EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR ::,,::_,:,l\d<'l.T/~r,'\: ~jL..'==..~ -fA ~(,~c .-j/ t -r/' " 17 THIS AGREEMENT, Made and entered into this ,:' -- day of A.D. 196~, by and between Kir;'J-vcocl D~Dtl~t Cr'ul'~:r part~ of the first part, hereinafter called the Grantor--J 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 : WHmEAS, The Grantor __ ~t:.: the legal record title owner__ of portions of the ~lock 4~ Kirk SecOTI(i Sub~i\.ision "- and WHEREAS, the Grantee, in the exercise of its power and authority as a munici- pality of the State of Montana, proposes to construct and install ,"~'ri;>=.";,' ~;f;'.e2 would run across the Grantor land; and WHEREAS, the Grantee desires to acquire.fromthe Grantor__, and the Grantor__ --~ willing to grant to the Grantee an easement and right-of-way across the above described property of the Grantor __, and i'::.:::; . heirs, executors ,administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said C'- '-'.. - .. ~, -,-'-, ce,.:e".', ., c~ and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREOFRE, in consideration of the sum of $ I ( (. ..- in hand paid by the City of Bozeman, the receipt ilihereof is hereby acknowledged, and in further con- sideration of the covenants and agreements between the parties hereto, the Grantor_ L"L~: granted, bargained, sold, conveyed,and confirmed, and by these pre- sents __ hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: .,-:,.1' '. '2J ~AGE 180 . FNoE~ED -ij . . ~t.l;,""~' . ... 1. A perpetual easement and right-of-way for the purpose of installing, oper- ating, using, repairing, replacing~ maintaining and removing a sanitary sewer pipe line thereto upon and across the above described property of the Grantor-1 said easement and right-of-1Ilay to cons:i st of a strip of land twenty (20) feet in width lying and being ,_more fully described below: . Beginning at the southeasterly corner of Block 4 of Kirk Second Subdivision to Bozeman, Montana; thence South 890 16' 07" West along the southerly line of said Block 4 a distance of 135 feet to the true point of beginning; thence North 000 25' 38" East parallel to and 135 feet distant westerly from the east- erly line of said Block 4 to j.he northerly line of said Block 4; thence North 890 34' 22" VJest along the northerly line of said Block a distance of 20 feet; thence South 00. 25' 38" West parallel to and 155 feet distant westerly from the easterly line of said Block 4 to a point on the southerly line of said Block 4; thence North 890 16' 07" East along the southerly line of said Block 4 to the true point of beginning. 20 The perpetual right of ingre '3 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 ,_ sani t~ sewer line. - and for t he removing of same if and when aesired by the Grantee, its successors and assigns; TO HAVE AND TO HOLD the above described right-of-way with all the appurten- ances and privileges unto the said Grantee and to its successors and assigns forevero The Grantee hereby covenants and agrees ';ith the Grantor_ as follows: 1. That, in connection with the installing~ operating, using, repairing, replacing, maintaining and removing of said _ sanitary sewer pipe line 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 cond- ition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible. 2e That, during operations involving excavation, it will remove the top- soil 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 away from the site any large rocks or surplus excavated material or any kind of 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 substantially the same condition that existen prior to the beginninE~; of operations except that the surface of backfilled ar~ may be mounded sufficHmtly to prevent the formation of depressions after firial settlement has taken place. 3. T6 install said ___ sanitary sewer pipe line at such a reasonable depth belovi the surfo.ce of the 8Cirth as will permit normal cultivation of the grounde 40 To operate, use and maintain said sani tary sewer pipeline in such manner as will not hinder or prevent the proper cultivation of the tract through which this right-.,of-way is hereby grantedo 5. - .. .' . - - - P"" r'.: ',; _____..,....,_.....__....._.-:>_....__._~_._..~.,~,......mc..,.,<::E.l.,.,.,'_'_=_~'=>~.,......>*'...aIIJ_."""""""_.~.-....,,""""'.-.-,-----=--...------------- '\NDD<~~_J ,;,j~'ri ~J tf1GEi81. ..-... .. "~~~'~.. '" . ~ 60 In the event that it should become necessary for the Grantee to re- enter the Grantor __ pr'emises for the purpose of repairing, replacing, main- taining or removing ~,_,_~::gjl.91':.L.__~::' r:hlle line, t-he Grantee will reimburse the Grantor,~, for any actual damage done to the Grantor_ premises or cropso 70 _ _ - - -,,-',....=-----. The Grantor__ hereby covenant~, and agree s. with the Grantee as follows: L That at no time l.vill ~,hEL....., build, construct, erect or maintain any permanent structure over or al:ove the said _si1n i ~,2."' :~'" ,;,' ; ~~J8 L1,11':. unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance~ replacement and removal of said ,co::_ ,,-'c':. sC""'_'-,' _J~ :J.~_r..(~' l:'."!_qC 0 2. That the Grantee may peacably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor__ or its successors and assignsv 3 Q That St1'p ::;~'[,T!~Cr -'-,,____ lawfully seized of said premises; that [,hee, ._ h8ve good right and lavlful authority to sell the same and that thex and their, heirs" executors.~ administrators, successors and assigns, shall \'Tarrant 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 betvJeen t.he parties hereto that this Agreement sha.ll be binding upon the heirsj executors~ administrators, successors and assigns of the Grantor,.,,_ and upon the ,3uccessors and assigns of the Grantee.. IN \ITTNESSWHE.REOF;i) the Grantor_ <~'UL_ hereunto set it:::, hand_ and seal_ and the Grantee, The City of Bozeman~ has hereunto set its hand, by its Mayor and its Clerk of the City COIIUll.__1Ssion, each thereunto duly authorized, and has caused its corporate seal to be affixed, allan this day of 9 19tQo .. -<,/f-:' . ''J!/(' /( 0 ~ffi~~"-!;; "}<~~::~~ .~ ,! y -:- . -.:;-- --, '.'".' -, ;/( /",,;..t ( "'-t.<"....'--..(, 'c' L'n.'._ : ~~ ~ "c ,=11__ :,,; ./:y;;-'- I ? 7- " ;::;\~~.'.:'~.2~.-;';~~4~;;t:, THE CITY OF BOZEMAN . -. .'.~ ::":."/ . / '"" ~ ' ,.' . .- ./"".>' /.~ '. . / r"".O> /?,./ // . /, ~,.. /,,/ ,/,' /" ..,. . BY<?~___:r",~ . .-Zc-~A:/ ,., , , Mayor_/ /' ATTEST ~ <-:~:='~~'=~-7<~ :> ,,/~ // .' /. -r!--<':..-' ,.. ' --"!--~-Zj::L___________ ( / Clerk of the Cit.y Commission APPROVED: .r" ) ....... ..,.) )1 . '. ,/ (. , .I '.J""_.L,-v.-t.- C.. iF/I.V:L- ~ .",- v . City Attorney , :."\:j':" /.: ~2' . G.J~i - '~l r14Gf 10 . . ~ ..' . ~ ). I_~E'~~~EJ . : ss OF GALLATIN ) day of _RAt'..mb&P , 198_ befof"eme, theun~ a e State of Monana, personally appeared ...__--- ,:.-- known to me to be the perso deseribedin and who .signed..... foregoing instrument as Grantor_and acknowledged to that _hate executed the same freely and voluntarily, for the uses and pur es there:i.n.-€ipressed. ~.. . IN WITNESS WHEREOF, I have hereunt9~-set and and affixed my Notarial Seal on the day and year in this Certificate first above itten. .".- Notary Public for the Sta of Montana Residing .atBozeman,Montana My Commis sion Expiree- STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this ~~l day of S.ptspar g 19~_, before me, the undersigned a Not Public for the State of Montana, personally appeared t and ENS V KaN......g , known tc:)"- me to be the Mayor arAd:@!'e9-kPO~!~ v{:ity Commission respectively, of the City of Bozemah, 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.9 I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written~ ." cr. ,7::- '-G2--f~/ otary Public for the Sta e of Montana Residing at Bozeman, Montana '. .' My Commission expires. January 20, 1967 , ~ p.,. . ~ ." STATE OF MONTANA ) : 88. County of Ga.llatin ) On this 27th day of September, in the year 1966, before mea Notary Public tor the StA te of Montana, residing at Bozeman, Montana, personally appeared Orville K. ~Oma, Jo.~ph H. Baer, and Bernard Lee Fairchild known to me to be the trustees 'ot the corporation tha.t executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named and acknowledged to me that 8uch corporation executed the 88JIlth . . ,,'" 1/ /I;?___~.-.L___l(/ -r,t:L t( -- /" otaq Public tQr,the ,511, e ot Montana RellidJ.ng at. Boz~":..}4:.ontana My Commission Expires January 20, 1967. fl. ..~~. ..:if .-.--~.. . ._." ''''''-~ !Nm~XFD . (;5768 ~p'0~~~~~ . -. '. " . . . d. .'.... OC'-tob'er 7 ,:1966 .....,. , state of Mont., County of Gallatm. 55. Filed for recor23 .. MISe -page 179 at 1 : 35 p · M., and recorded in Book ~ ~ t1. ~1~t-H?g:? . Deput~ CARL 1. STUCKY Recorder. By '-CL. . ... ' Rt: City of Bozeman