Loading...
HomeMy WebLinkAbout75- Langohr Easement . . , f' ' 766 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 -1- . .. 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. -2- ~ , . . 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. - 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- . . . J ." ,. .,. . 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. _Lvc,- , '-- ATTEST: "._----..) ~....~ ,.' .' / \ /;-~. . <<;;L~- -- ( . 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 ~~ ., / 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 (, -4- . . c' · '" FILM 31 PACE 77D THE CITY OF BOZEMAN L~ /. By ;:.:..~-, -, > / ATTES""l'1- - - AUlID-VED :' @ 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 .. ,- . . .,.'... .' ., MAN. e ~. I 2 :"';'\, ;, ~ ':' (,". ;- STA. C-,4 73 TO STA. 5+ 38 " ~ ; f) ~ , REPLACE 295 sQ. YOS. :.-r- ...... ~ r\) " +~ ~~ GRAVEL DRIVEWAY IO'W/C G) 0 ~~ , . it" ~~ ()~ '- t:::U) "'- f ! ~. r::: STA. 2-1-00 TO STA. 8+00 ~ INSTALL SHORING F BRACIA/6 "" I), IN T/?€NCH. T \ l1 STA. 4~95,) BLI/LD MAN- '1 ,! 'b HOLE NO.3. ..- ~ . ~ ~i~. '" · 1 ST4'. 5 ~ 77) BUIL.D iYi/1N'- " \ :' J ~I ! I HoLE NO.4 1 / J ! I 'ii ~..__. I . ,. \ - )1 I . .. - \. .... , - . O(t \ .. CJ ~ \ ~. ~ r"'~ . \~' , ~ ..,---