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Home My WebLink About73- Munson Easement " . ~ ' .. . , . i I ~ ' ....' <I~ i ., '~15 , ~;"i'~. : ,\,t :~ .,' ~ EASEMENT AND RIGHT OF WAY AGREEMENT FOR A SANITARY SEWER LINE THIS AGREE~NT, Made and entered into this lqth day of Decemher _.___ A. D. 1973, by and bp.tween Arthur R. and Phyllis E. Munson, parties of the first part, hereinafter called the Grantors and THE CITY OF BOZE1WJ, a municipal corporation of the State of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WIT N E S S B T H : vrrIEREAS, The Grantors are the legal record title owners of Lot 7, Block 1 of Westridge Subdivision, to the City of Bozeman, Montana, more particularly described below. WHEREAS, the Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a sanitary sewer line with necessary appurtenances to serve various properties located within the Westridge Subdivision 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 easement and right of way across the above described property of the Grantors, and their heirs, executors, administrators, successors and assigns, for the purpose of installing, operatinF" using, repairing, replacing, maintaininr" and removing said sanitary sewer line and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $1. 00 and other con- siderations 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 Grantors have granted, bar- gained, 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 following rights and privileges forever: 1. A perpetual easement and right of way for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing a sanitary sewer line thereto upon and across the above described property of the Grantors, said easement and right of way to consist of a strip of land twenty (20) feet in width being the North twenty (20) feet of Lot 7, Block 1 of Westridge, a subdivision of a portion of the North 1/2, NW 1/4 Section 19, T2S, R5E, M.P.M., Bozeman, Gallatin County, Montana. 2. The perpetual right of ingress and egress to and from said tract of land at all reaonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said sanitary sewer line and for the removing of same if and when desired by the Grantee, its successors and assigns: TO EAVE 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. 'rhe Grantee hereby covenants and agrees with the Grantors as follows: r \ ~ - .' , ~." l'llP!,):-" 7t6 . , . ..,"r//lT I I, .'''- 'd . ) 1. That, in connection with the installing, operat- ing, using, repairing, replacing, maintaininG and removing of said sanitary sewer 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 condition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible. 2. That, durinr, 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 top- soil, 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 m~r have been exposed by the excavation and remainin~ after back- filling is completed, and will leave the finished surface in substantially 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 sanitary sewer line 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 Grantor's premises for the purpose of repairing, replacing, maintain- ing or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. 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 utility lines unless such structure is built, constructed and maintained in such a man- ner that it would not interfere with the operation, use, repair, maintenance, replacement and removal of said utility lines. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor or its successors and assigns. 3. That they have been lawfully seized of said premises; that they have good right and lawful auth- ori ty to sell the same and that they and their heirs, executors, administrators, 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, successors and assigns of the Grantors and upon the successors and assigns, of the Grantee. - 2 - .. \ : f fh.. :4"w., .......~ ~1~~ '1' , " '" . l ( e,L ."'-., . IN WITNESS WHEREOF, The said parties of the first part have here- unto set their hands and seals the day and year first above written. ",,""} f ,'.j' (.. , ,~ ' t1ltl1lLli /. ~ I 'I ) J') / , l1'~. '.( /: _,j. , .- i " '\)'. ,,;, ).- I / , , A \.( 11 ,; ,. J /' i };;')} --,(I fLU f!'.. L// k'f,.-" t{/ STATE OF MONTANA ) ~'l r : ss County of Gallatin ) On this ~ day or J). (""6c~ in the year 19J21-> {jrore mj)' , " Notacr Public in and for sald State personally appeared L[7'/-II 'J!..- ~ !. . , fil-VILi~ L-. (LIIAI"'\/'JiI) and acknowledged to me that they executed the above instrument. IN WITNESS WHEREOF, I have hereunto ~et y hand and aff/.,xed' my of- ficial seal the day and year in this cer~ifi ~~e first above wr tten. f', i \ ~ ,.~) "'~, ~ .... - \;;.., ~ '2; N t ublic fer t e ~'S. ate of Montana . --' - \! . -" _' Residin~ a~ Bozem:m, M~tas ,^ ~ - ..- My COnrrfiJ.SSlOn Expn'es --I ~ 19J4- .' I, - 3 - . , .. ._l t \ . . . , . . . ^" . ;'," 1J?S r'l. .<:. (. , ., '._ THE CITY OF BOZEMAN By, tiliiLaUG ~ ~AL. HILLIAM GRAI30W, Hayor ATI'EST: ~: .. -., / r" ( // " '7" ~ /- .,A' ..,~, .' , .. ' /.' , p '-.d ,__ l, ,_c. i .. /, ',' Z. >.... ERNA V. HARDING, / Clerk of the City Commis'sion APPROVED: ~-~- L!:d~'). BEN . BERG-,- clf ty Atto ey S'1'A'l'E OF MONTANA ) : ss County of Gallatin ) On this 19th day of December _ 1973, before me, the undersigned a Hotary Public for the State of Hontana, personally appeared William Grabow and Erna V. Harding, known to me to be the !',fayor 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 vlITNESS '\VHEREOF, I have hereunto set my hand and affixed my Notar~~ Seal on the day and year in'~: C,ertific~te rirst above written. , \J~~7\ \ '""':.. ~ ublic for of -- Hontana, Residinr; at Bozeman, Montana - / " Hy Commission Expires _f._1::s:_,"\ \ _ . ,;-,. 'j,; '" .' ", :. \. .~',. I-;;:;~EX~ ..;:,,------ PL4.nto " -,I ~ ,-.. j ~ k: State of Ml~ntatl~ ~ ::.s. County of C.allatm i Filed..~_}!.::_S:~~ beI_,~. 1973 aL____J~25_____...______._EL_._M., and I~ecorded in book_2_~_...___~of _,_MISCELLANEO l~~Page--7li ~8Y. ~1_,~o'd"- r..;;;;>" \JCU,Jtv Fp8 $-:::,- Rt: City of Bozeman - 4 -. " .. . ' . SANITARY SEWER EASEMENT .' . , , \ LOTS 6817 BLOCK I WESTRIDGE SUBDIVISION scale: 1"=50' . / \}I 2 Sanitary Sewer Ease ent/ (~I -.I .//.~ L L ~.( L -LL /~ _L:.d 95,44' :oW' BlO K I 7 6 5 4 ~ WESTRIDGE ! z w ~ ( ) o 0:: 0 R I V E _, I I- ~ 1 BOCK 5 I 234