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Home My WebLink About62- Phillips Easement . ... , . ' , . ," BUD;'; iU H'iiiE4UO EJ...5ID1ENT ANn RIGHT-OF-WAY .AGREm!./ENT FOR S1.NITARY SEWER LINE THIS J..GRlil'RMENT, Made and entered into thil Ill' day of tJ ch:,{.dr''', A. D. 1962, by and between Va1"vin J. Phi 11 ins aw Ann.tJ>elle PhilliDs of Bozeman. Montana. husband and wire part ies of the first part, hereinafter called the Grantor~, and THE CITY OF BOZEMAM, a munioipal corporation or the State of Montana, in Gallatin County. the party ot the second part. hereinafter oalled the Grantee. WITNESSETH. 1:"fflEREAS, The Gran tor -!...- are the legal record title owner~ at portionl ot the Guy's Second Addition to Bozeman. Montana . and WHEREAS. the Grante., in the exercise of it. power and authority a. a munioipality ot the State ot Montana. proposes to oonstruot and install a sanitary sewer line trom the existing system at East Main Street and Rouse Avenue. in the City of Bozeman to the southerly line of Westridse Sub-division, in the City of Bozeman, a portion of which proposed lanitery sewer line would run aerG" the GrantQr~ land, and VffiEREAS. the Grantee desire. to acquire tram the Grantor.l....L. and the Grantor ...L are willing" to grant to the Grantee as easement and right-ot-way aeron the above described property ot the Gre.ntor...!!-, and their heir., executor., admlniatrator.. succelsor. and as.igns. for the purpose of install- ing, operating, using, repairing. replacing, maintaining and removing .aid sanitary sewer line. and tOr such ather rights at accelS end incidental rights a. are hereinafter desoribed, all as hereinafter more particularly provide.. 50.00 NOW. THERFORE, in oonsideration of the 'UIl ot i ,/ ; ct:), in hand paid by the City ot Bozeman, the reoeipt whereot 11 hereby acknowledged, and in turther oonsideration ot the oovenant. and agreements between the partie.. hereto, the Grantor s have granted, bargained. Bold, conveyed, and confirmed, and by these presentS thel. hereby grant, bargain, sell, convey, end confirm unto the said Grantee and lts succeSBors end assigna the following rights and privileges forever, 1. A perpetual easement and right-ot-way tor the p~rpoae of tnstallins. operating, us1ng. repairing, ref-lacing, maintaining and removing a sanitary sewer .1- .. . e::u PAGE4Ul " ,- SOOK Ji,.1.p a~1d appurtenances thereto upon and across the above described }Jroperty of -!;'!k Gx :'n'!'/;r s, said easement and right...ot-way to consist of a strip of lar.,d *,'l;";,:i::y (,30l';:.~.~ in width lying and being fifteen (15) feet on each side of the ~"'ol:;'o'~ing oet2c::ibed center line. Beginning a t a point on the North line of One Aore Lot One, in Guy's Second Addition to Bozeman, Montana, said point being 60 feet west of the east line of said One Acre Lot One, thence in a southerly direotion 60 feet west of and parallel to said east line a distance of 65.0 feet to a point on the south line of the north 65 feet of said One Aeee Lot One. 2. The perpetual right of ingress and egress to and from said tract of land at all ree:>onable times for the purpose of installing, operating, using regai:::-ing, replacing and maintaining said sanitary sewer line and appurtenanoes th~:re,:;v ,<lnd for the removing of seme if and when desired by the Grantee, its succeJsors and assigns. TO HP1VE liliD TO HOLD the above described right...ot...way with all the appur- tenances and privileges unto the said Grantee and to its suocessors and assigns toreve:.'. The Grantee hereby covenants and agrees with the Grantor~ as follows & 1. That in conneotion with the installing, operating, using, repair- ing, replaoing, maintaining and removing ot said sanitery sewer line it will replace, at its sole expense, all existing f~~C3S, ditches and other appurtenances of said land that may be dh'turbed 1::y its opera- tion in a condition equal to the condi'tion t~e("cof e~tstlng before said operations were begun, or as near there"co us s~,8J.I '.)e reasonably possible~;Land in th~ event that the same cannet be so replaced the Grantee will pay td the Grantors the reasol!eble 'l&lue of the d.amage done by it to the safD!'EJ - ' 2. Th~t during operations involving excavation~ it ~~ll remove fram the si~e any large stones or any kind of debris that mBy have been exposed by the excavation and remaining after ~)a~~Filling is co~ pleted, and shall leave the finished surface in 6J.bstantially the seme condition that existed prior to the begir.nin; of oferations. except tilat the surface of backfilled areas may b2 Irlcunded suffi-- c :1. e:.1<:; l:l to prevent "tne' i:ol1mation Aof dcpn:ossi6u;> "",...'ter final' s€ttle- men~ has taken place. 3. To install said sanitary sewer line at such a reasonable depth below the eurface of the earth as will fermit normal cuI t~vation of the ground. 4. To operate, use and maintain said sanita~ sewer line in such a manner as v.rill not hinder or prevent the prOper cul-~i78~Ln eof ';;he trl'tCt throug)l which this right-of-way is hereby .:';:'f\:ntE'd, ~. t bdng U"1ue:r.~ stMd t~.at the Grantor I shall be reimbu:,sed :\.1 L!ll:.;~' '~h~ C':ran'cee for' e./,,~j~~tual damage dOne to the orops or .~he pr8ra:i des by vL~tue of the Crt'untee' S entry thereon., The Gruntor s hereby covenant and agreo ~i+.h t~e GrDnt~e as fol~.ow:J; - --- Ie '.!'hat at no time will they build, c')nst;r;;.~<;) ~::-,;~{;t (':" Tllt. '~11"t1.in any :pe~'m'3.nent structure over or ab':T(' tl.:,) ',,;-',d >'~,L:."Ll''Y' :O;t"N~r li:lf' unle::.s s'.lOh struoture isbuil ti con8ti"\(,::':'~"d ;".',n'.,',!. Y"j:.l:,::-..~(:..:..:~lP(: ~J.: .'7~;.Jb a m"llnCl' that it would not interfe:,'e W5,t~1 t],-f"~!'e~~( t:i.rn, .,2':;'';;, 7~_"0p~irJ mai:.1te::.!WJi16e, replacement and removal of sa:..ci. s'J.'.'.~':;('"7 s~':'er. li:!:"E;~ .2- - ." III t l ;.. B(JOK cU P/~i1E4U2 2. That the Grantee may peaoeably hola and enjoy the rights and privileges herein granted wit,out any interruption by the Grantor s or their suooessors and. aesigns. - 3. That th.y are lawfully seized of sdd premises. that they have lood right and lawful authority to sell the Qame and that they. and their heirs, executors, administrators, succeesors and assif:ns, shall warrant and defend the title to .aid premises unto said Grantee, and its sucoessors and assigns forever, against the lawful claim and demand of all pe~son8 whomsoever. It is under~tood and agr~ed by and between the parties hereto that this Agreeraent ahall be jtnding upon the'heirs, exeoutors, .nd~1nistrators, suoeea- sors and assigns of th~ Grantor s ~nd upon the successors and assigns of the Grantee. - IN WITNESS WHT;RBOF', the Grantor s have hereunto set their hand ., and seals and the Grantee.. The City of Bozeman, has hereunto set its hand, by its Mayor and its Clerk of the City Commission, each thereunto dul~authorized. a.94n has caused its corporate seal to be affixed, all on this jP"~~day of C/C /-'"pe/' , 1962. OF BOZEMAN '... --<-'-- ATl'EST. e' ;:r..a/r ~~~ c. K. W son Clerk of the City COlIIIllission APPROVED' ...........7 L. _._.~ ~r ~ '1J,~ en . Her!!:. Jr. (j City Attorney S TiI. TE OF MONTANA ) & ss County of Gallatin . ) On this /0__ day of tlcto Irt"r . 1962, before me. the undersigned a Notary Public "fO'r""'the State of Montana , personally appeared Marvin J. Phillips and Annabelle Phillips known to me to be the person 8 described in and who signed the foregoing instrument as GrantorlL- and-atknowledged to me that they had executed the same freely and Toluntarily. for the uses and purposes therein expressed. IN WITNESS WH'SREOF, I have hereunto set my hand and affixed my Notarial -3- .... tl.. .. - . . , . ' . , ." S (JO 1\ 2u ~~'~iJE4u3 Seal on the day and year in this Certifioate first above written. : ~c~ .-t ~1-"'~; Nota c or e Statej6 Montana Residing at Bozeman. Montana My Commission expires ..~r~/g w..~.r..../ 2~ /96"':;,'- , ( STATE OF MONTANA ) : 88 Coun~ of Gallatin ) On this f~'7 day of c7 q: , 1962, before me, the undersigned, a Notary Publio or the State of ontana, personally appeared Fred M. Staudaher and C. K. Wilson, known to me to be the Mayor and Clerk of the City Commission respectively, of the City of Bozeman, whose name 1s subscribed to the within instrument and aoknowledged to me that they executed the same for and on behalf of said City. rn WITNESS WHEREOF, I have hereunto set IDiY hand and affixed my Notarial Seal on the d~ and year in this Certificate first above written. /~~---=,z/ Notary ~bl1c or the Sate of Montana Residing at Bozeman, Montana ~ Commission expires NOTAr,y PUf3L1C for the Stzte of Montana Residing at Bozeman, Montana My Commission Expires May :26, 1965 rr~-'-""""~~'~--'~~ .. 'Wi, .. ,"') v/ J31.59 ..4- t ' " ,," ... '.0. '":'r."": ",' ',', 1'~."~')!M/,.~~I.~ "p C!\(qj)J :~_..!,,,,\6,..,,,,,,..;.......... November 1 l ~'~ f:""? ~2:50 P. 20 j"iscellaneous L~OO EA:HJ ;,; ;u'l\ N ~J,m~