HomeMy WebLinkAbout76- Reid Easement
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. FILM 32 PACE 13fO
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EASEMENT AND RIGHT OF WAY AGREEMENT FOR
SANITARY SEWER
THIS AGREEMENT, Made and entered into this 31st day of
March A. D. 197-2-' by and between HUBERT M. REID
part~ of the first part,
hereinafter called the Grantor__ and THE CITY OF BOZEMAN, B 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 property on Ice Pond Road
more particularly described below, and
WHEREAS, The Grantee, in the exercise of its power and authority
as a municipality of the State of Monmna, proposes to construct and
install a sanitary sewer and necessary
appurtenances to serve various properties located within the
easterly portion of the City of Bozeman and Qne 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 sanitary sewer 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 does 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
removing a sanitary sewer thereto upon and across the
above described property of the Grantor___, said easement and right
of way to consist of a strip of land thirty feet in
width being described as:
Beginning at a point which bears South 000 00' 57" East a distance
of 220.75 feet from the North Quarter Cornpr of Section lR, Tow~-
ship 2 South, Range 6 East, snid point of beginning being the
centerline of a 30 foot wide easement lying 15 feet on each side
and at right angles to the following described centerline; thence
South 850 20' West a distance of 74 feet to a terminus point on
the east side of an existing utility easement. The above described
utility easement contains 0.051 acres.
Together with the above described easement, an additional construction
easement which lies l5 feet perpendicular, adjacent and contiguous
to each side of the above described utility easement.
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FILM 32 PAGE 1311
2. The perpetual 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 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 follnws:
1. Tha t , 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 appur-
tenances 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 substan-
tially 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
in Ruch 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 shodd become necessary for the
Grantee to re-enter the Grantors premises for the purpose
of repairing, replacing, maintaining or removing said utility
lines the Grantee will reimburse the Grantors for any actual
damage done to the Grantors premises or crops.
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FILM 32 [)AGE 1312
IN WITNESS WHEREOF, The said parties of the first part have
hereunto set their hands and seals the day and year first above
written.
STATE OF MONTANA )
: ss
County of Gallatin)
On this ~3RO day of ~~~ 197~, before me, a notary
public in and for said State, personally appeared /I u bell 7 111. KIi/.J
known ta me to be the person__ whose
name is subscribed to the within
instrument, and acknowledged to me that }h.-
executed the same.
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.-, -,', ,',:':~i~\ Not&:,y blic for the State of Montala
_,' '.' Res1ding at Bozeman, Montana
, - My Commission Expires
" ." fiWARY PUBLIC for tlie State of Montana .
" .' .' /iesidmg at Bozeman. Monlana
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. . '" ".,.,', ",'- My Commission expires Decem ber 11, 1977
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FILM 32 PAGE 1313
THE CITY OF BOZEMAN
By ~;-- .lW, - 2:Ccc:--...J
. ,,,"; ~/ MtYor
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o':~R~ 'ho HARD~
'Cle.rk,.of the City Commission
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APPROVED<:- .,
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i(- . ..... .' .-"'/;....t...-t.A- "~-/X. ,_ __
C~; Attorney ) i .-
STATE OF MONTANA )
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County of Gallatin)
On this 31st day of March ,l97...2.' before me, the
undersigned a Notary Public for the State of MontRna~ personna11y,
appeared James W. Vollmer and Erna V. Harding 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 hereunto set my hand and affixed
my Notarial Seal on the day and year in this Certificate first
above written.
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INDEXED ~4)( J {J~'
PLATTED \/ ' Notary P bl' c for the of Monta na
" Of':":O-18 Residing at Bozeman, Montana
1'lo"i..J, _ ." My Commisliign Expires
. "IWIARY PUBLIC for th
, r I>e~'d' e State of Monts/I"
'1..1 Iflg at B. ~
State of Montana iii Cammiss;on ex ;~Z(men, MontJll~
County of Gallatin f 55. P es DeGen/bet.u )'177
Filed Apri 1 15 , 19 76
aL 10: 05 A. M., and
Recorded in book 32 of
MIS.CELLANEOUS Page_1310
CARL STUCKY
t(~&
By t7. .
Fee $ -- ...__
Rt: City of Bozeman