HomeMy WebLinkAbout75- Langohr Easement
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EASEMENT AND RIGHT OF WAY AGREEMENT FOR fiLM Jl PAGE
SANITARY SEWER
THIS AGREEMENT, Made and entered into this 10th day of
Octob~r A. D. 1975 ,by and between DON M. LANGOdR,
FLORIST INC., by Don M. Langohr, Jr. 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__ is the legal record title owner__
of Tract 11. Boz~man Creek Ann~xation
more particularly described below, and
WHEREAS, The Grantee, in the exercise of its power and authority
as a municipality of the State of Monbna, proposes to construct and
install a sanitary s~w~r and necessary
appurtenances to serve various properties located witl",in the
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__ is willing to grant to the Grantee an easement
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, repairing, replacing,
maintaining, and removing said 8anitary s~w~r 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 has
granted, bargained, sold, conveyed, and
confirmed and by these presents do~s 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
removi ng a sanitary s~w~r thereto upon and across the
above described property of the Grantor___, said easement and right
of way to consist of a strip of land tw~nty (20) feet in
width being
B~ginning at a point on th~ South line of Lot 8, Block 2, Spring-
d~ll Addition to the City of Boz~man, said point being 1ocat~d North
690 09' West a distanc~ of 12.50 fe~t from the South~ast corner of
said Lot 8; thence South 300 00' 0011 West a distance of 66.40 feet;
thenc~ South 010 29' 2311 E'st a distance of 82 ft'et; thence South
200 53' 49" Wt'st a
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distance of 223::!:. feet to a point on the North property line O\ILM ~i PAGE 767
Garfield Street. ' . v
The above centerline description is for a 20 foot permanent ease-
ment consisting of 10 feet We~ and 10 feet East and perpendicular to
the described centerline, excluding any property located in the Garfield
Street right of way or in Springde11 Addition to the City of Bozeman,
or existing wood frame buildings used for storage of greenhouse materials.
The above described permanent easement contains 0.26 acres.
In addition, the above centerline description is for a 20 foot
construction easement for use only during construction of S.I.D. 557.
It is located adjacent and parallel to the permanent easement on the
east side of said permanent easement.
" The perpetual right of ingress and egress to and from said
L.
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:
l. 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 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. 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 Graoto.ors pt'emiBes or crops.
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FILM 31 PAGE '768
5.
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 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 31 PAGE ~;G9
IN WITNESS WHEREOF, The said parties nf the first part have
hereunto set that hands and seals the day and year first above
written.
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ATTEST:
"._----..) ~....~
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-- ( . retary
STATE OF MONTANA )
: ss
county of Gallatin)
On this /~ay of~~n the year 19~before
me, a Notary Public in and for said State personally appeared
J),,-JII. ~~. known tn me to be the ~~
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of the corporation that executed the within instrument or the
person who executed the instrument on behalf of wid 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.
-<II ~f-'-
No ry Pub 0 f - 1 .
Montana
Residing at Bozeman, Montana ~ "
My Commission Expires .1/. 71 (,
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FILM 31 PACE 77D
THE CITY OF BOZEMAN
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By ;:.:..~-, -, >
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ATTES""l'1-
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7~c:&
City Attorney
STATE OF MONTANA )
: ss
County of Gallatin)
On this 10th day of October, 1972..... before me, the
undersigned a Notary Public for the State of Mont~na, personna11y,
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 nf 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.
/"1
Nota 1ic for the State of Montana
Re ding at Bozeman. Montana
My Commission Expires
IDTARY. PUBTIC fOf tile State of Montlll'll/'
I Residing al Bozeman, Montana
lMy Commission expires December 11, 1971
I INDEXED
f~~'~338 -. P'L'A'.TTED:
f", I..... '- _"_.."..____....__
f:;3t~ of Mont., County of Gallatin. 55 Filed for record Decem her 18 , ~19 75
3L___~_:OO A.M., and recorded in Book ,--J~. ~CEL~pag8-1Q.6
CARL L. STUCKY .. t1! I )
_.___ Recorder. By<:=" . Deputy
Rt: City of Bozeman
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