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HomeMy WebLinkAbout73- Peterson Easement ~ . . . If , , F1L \,\ r'? ?8n ;(; "'" I" .. :~ " V EASEMENT AND RIGHT OF WAY AGREEMENT FOR A SANITARY SEWER LINE THIS AGREEMENT, Made and entered into this 19th day of December A. D. 1973__, by and between Donald L. and Ann M. Peterson, parties of the first part, hereinafter called the Grantors, 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 II : WHEREAS, The Grantors are the legal record title owners of Lot 6, Block 1, 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, a portion of the City of Bozeman and one or more such lines would run across the Grantors land; and mIEREA8, 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, operating, using, repairing, replacing, maintaining, 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 particuJ.arl:l provided. NOW, THEREFORE, in consi deration of the sum of $1. 00 and other considerations 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, 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 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 thirty (30) feet by twenty (20) feet in width lying and being the Northwest corner of Lot 6 of Block 1 of Westridge, a subdivision of a portion of the North 1/2, NW 1/4 of Section 19, T2S, R6E, M.P.M., Bozeman, Gallatin County, Montana, more particularly described as follows: Beginning at the Northwest corner of said Lot 6, thence South 89012' East a distance of thirty (30) feet; thence North 89012t West a distance of thirty (30) feet; thence North a distance of twenty (20) feet to the point of beginning. 2. The pernetual 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 sanitary 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 its successors and assigns forever. ~ .<,1 . I ; . I . F; L~: .....1) 781 :.c: ".. The Grantee hereby covenants and agrees with the Grantors as follows: 1. That, in connection with the installing, op- erating, 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, 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 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 pipeline 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, 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 Grantors 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 manner 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 au- thority 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. - 2 - , -. . . . F IL';-- ,......, , "782 .G.~ 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. - 3 - .-< . " III' I # . .. flL,',J ,'''''/} ,.....'83. . ., ~'. I IN WITNESS WliEREOF, The said parties of the first part have here- unto set their hands and seals the day and year first above written. r\ . .-"'-'-~---'-- , /' ---" ), A d... Y \---'--~ ) .:.:/\ l?--1""'-: ,~ ~ .. ~~-J .l ,oE---U~"""'- a tI;~.... .~ / / ,/; ,,' .. ,-..-:.~ /,. /-'1/ / ", //' " '___ I ' ,. '.' ,-" ,- . . , ..... .....J":tj I I '. ,/ ' ...... _i....~.. c.........- . --- STATE OF MONTANA ) : ss County of Gallatin ) On this ~ dSO' of --:\)eU"l>"lL1.l... in the year 19~, before me, fl NotaL1'11iC in and for said State personally appeared "~..,, l \ . 1\)1\: L l.O.it~:':ty..) and acknowledged to me that they executed he above instrument. IN WITNESS WHEREOF, I have hereun affixed my official seal the day and year in thi above written. l otaxy Public f reState of Montana Residing at Bozeman, Montana My Commission Expires q - I c) 19J.f ,'t. l .'''' ., / " . ~~..: -....,. .,""" ,., . ,,~, , ... 1'>'. , (', - " ,,', " . ., '/1 ...-, ". ,... (1'; (;: ) \ . - 4 - , .' . .. , . r'" ),1 .).) '. ~84 ..t... ,.,..., . ~ I THE CITY OF BOZEMAN .. By, JJM~A ~ ~ WI IAN E. GRAB W, 1ayor A'l'TEST : 9/ /~'~ ~:~(;'i.'" .', :'~"L" ~./ ERNA V. HARDING, . Clerk of the City Commission , APPROVED: G~;;:-~M~ p STATE OF MONTANA ) : ss County of Gallatin ) On this 19th day of December 1973, before me, the undersigned a Notary Public for the State of Montana, personally ap- peared William E. Grabow and Erna V. Hardine;, known to me to be the Mayor 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 WITNESS WHEREOF, I have hereun~- set my hand and affixed my Notarial Seal on the day and year in ~~s Certificate first above written. \ 1:. 1ft} . kf .~ ..... <I (~ p~~:~....:~ '," , . ".p ", ':'~'::, ~"""","" .. . .... ,'t: "" (')-1("'4-' "'''',.' I. .' " - Expires -0-L - _ -r..... ._'.. " -1,. ........ I,' . '. J "7 Q~ ':.....,.l,.~.l I . . (~...r: r .' INDEXI::O Stall! of Montana t "'. PLA';~D W County of Gallatin 73 Filed December 10___. 19 .. ~: 00 _.___..:EL--M., and aL_____ ~ 22 f Recorded in bOO~---~-_-_.~.n_._08 __M.I.Q~ELLANEO US .~page___2,.-Q CARL . _ STUCK.X_-.----.--.- ~ ~rk 'or~er By' Fee $ -- -..----.---~- Rt: City of Bozeman - 5 - 17 ~ 6 I 9 >i~ 0 8 U> -i I 3^It:lO - ::0 0 ( ) l> < fTl Z 3901H.LS3M c rn V g 9 L I >i Ol8 ,Og=,,1 :0110:>5 NOISI^IOSnS 3901~lS3M I ~:)Ol8 L189 S.L Ol , . , 1N3~35\13 ~30M 35' ^~ \111 N\1 S ~ ...:: I ., _.' , '; > .