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HomeMy WebLinkAbout76- Reid Easement f <. . . . FILM 32 PACE 13fO c l 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. -1- . J . , " . 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. -2- . ~ .. . "\ . 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. '., , ~ . ,..... , 'r.. '" '. "''''. '. . "J ';. ..~ ~ 7jU)~ .-, -,', ,',:':~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 < I- ~ i.. ~. ~,.., ,.f}-' . . '" ".,.,', ",'- My Commission expires Decem ber 11, 1977 < " ~ . I \ \ -4- . " .. . -. . . ., FILM 32 PAGE 1313 THE CITY OF BOZEMAN By ~;-- .lW, - 2:Ccc:--...J . ,,,"; ~/ MtYor " :... "," "'..... t ,..~, _,'~ ~ 1 . .. ~, i- ".# \. ~. I ~T'l'EST';, __ ,'J /.' 7' l, .' . :,( ,~;.\_.: :'" ,,,.~". ~, ,-- ,--,.' "~.'."."/";J --."~ " 'l~";> . 4r (' -- ,-. . --~, -< ~v r. " :.(,C...:fl-'t~p o':~R~ 'ho HARD~ 'Cle.rk,.of the City Commission ...... ... I ',' :...~. ._ .... ~ . APPROVED<:- ., },/") , --'~.-/-- .-c... ~ --",... " ~ ' ".' ! i(- . ..... .' .-"'/;....t...-t.A- "~-/X. ,_ __ C~; Attorney ) i .- STATE OF MONTANA ) : ss 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. + "':.. --/1 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