HomeMy WebLinkAbout74- Roemhild Easement (2)
.
~ , .' .
. ~
~
,
, flL~ 25 ,f\GE 600
i
,
EASIMENT AND IlIGHl' OF WAY AGREEMENT FOil
SANITARY SEWER LINES
THIS AGREEMENT, Made and entered into this 24th day of
.Tul v A.D. 197Jl, by and between GEORGE R. & MARY S.
ROEMHILD
part iea of the first part, hereinafter called the GrantorS_____ and
THE CITY OF BOZEMAN,' 4.,mO:i1.1<:ipal 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~ are the legal rec.rd title owner~
of Tract 5F, Bozeman Creek Annexation
more particularly described below, and
WHEREAS, the Grantee, in the exercise of its ,power and authority
as a municipality of the State of Montana, propose. to construct and
install sanitary sewer lines and necessary appurtenances
to serve various properties located within the southeast
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 Grantor~, and the
Grantor S are willing to grant to the Grantee an easement and right
of way across the above described property of the Grantor~, and their
heirs, executors, administrators, successors and assigns, for the pur-
p08fl of installing, operating, using" repairing, repiacing, maintaining,
and removing said sani.tary sewer ,lines and appurtenances and
for such other rights of access arid incidental rights as are hereinafter
described, all as hereinafter more particularly provided,
NOW, THEREFORE, in consideration of the sum of $ 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 Grantor~ 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 a nd right of way for the purpose of install-
ing, operating, using, repairing, replacing, maintaining and removing a
sanitary sewer lines 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 (30) feet in
width being the North 30 feet of Tract SF of the Bozeman Creek
Annexation to the City of Bozeman, Mon~ana.
.
./ .
"
(
: IL~ 25 ;%E 601
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 lines 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 follows:
1. That, in connection with the installing, operating,
using, repairing, replacing, maintaining and removing
of said sanitary sewer lines 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 sub-
stantially the same condition that existed prior to the
beginning of operations except that the surface of back-
filled 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
lines in such manner as will not hinder or pre-
vent 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, maintaining or removing said
utility lines the Grantee will reimburse the Grantors
for any actual damage done to the Grantors premises or
crops.
.
./, .
,
FIL~ 25 P,~CE 602
5.
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 .anitary
sever lines unless such structure is built, constructed
and maintained in such a manner that it would not interfere
with the operation, use, repair, maintainance, replacement
and removal of said .anitary sewer li.!1!!L_ .
~
2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption
by the Grantor~ or their successors and assigns.
3. That they have been lawfully seized of said premises; that
they have good right and lawful authority 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,
successor and assigns of the Grantors and upon the successors and assigns,
of the Grantee.
IN WITNESS WHEREOF, The said parties of the~rst part have hereunto
set their hands and seals the day and year first ,hove written~o ' ' _
, ~ ^ '1 . ~~d
I {(-'1 '. . _ t:1-~ -
JGEORGE. R'. ROEMHILD
) <I ,,1(;''7- .
~;~4':r ;OEMHIL~~> /r.,,4~,{,'-
-----
STATE OF MONTANA )
:
County of Gallatin )
,--
~ \ ~
On this L- day of _ L[~_Y 197 L , befo~e me a nO"tary public in
and for said State, personally appeared r;f'1)/Utc k,; ,fllJl-w 'J, l1,tr"'VI'_n
known to me to be the person~ whose name~ ~~e subscribed to the
within instrument, and acknowledged to me that '7tlE'Y executed the
same. /'\
1
i
I
" {::,
the State of
-, Montana
-- Residing at Bozema~ Montana
- - My Commission Expires
,~ C7. ('j' 7'[
.
,-
,
:., " .
.
, . ./. .
,
. ,
~
F ILl.A. 25 iACE 603
THE CITY OF BOZEMAN
. / /,:-.
-c~//" ,//., ,/'
~. . " ~.'/ ,,~'<- ~
Y',. ..... .-..,/,'. ,'~".//,' .
t. / ..' Mayor /
/
//
ATTEST: ///
..~
.~::~/ //'.... ",..../'. <..- ';~"",',;p,., , /~
Y.- f.:-;;- ~ , . /./)""~" ... 'fJ'
ERNA V. HARtnr<<; , /
Clerk of the City Commission
APPROVED:
1Cf;-- ,/ q}~.
City Attorney
STATE OF MONTANA )
: ss
County of Gallatin )
On this 25th day of Julv , 197JL, before me, the
undersigned a Notary Public for the State of Montana, personally,
appeared Edmund P. Sedivy. Sr, and Erna V. Hardin2 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 Seat on the day and year ilthis Certificate first ahove
written. I
i
,
I .-
! \
N tary Pu lie for \ th~1 State of
Montana, Residing at Bozeman,
Montana
My Commission Expires 9-15-74
~,
;
- I INDEXED
.-
':. ~ I PLATTED
- ,
State of Montana } ss
County of Gallatin .
Filed July 26 ,1974
at g.;40 A ,--M., and
Recorded in book 25 of
MISCELLANEOUS Page~
CAR L. STUCKY n_'~
B
Fee $ -- .
Rt: City of Bozeman
.
"'""""1.
, . -,
, .-
N 1,'4 (;( RN!:.I-ol
,
I I [C. I !::I I T ?~;, Fftif
I I
I ~. I
I Z ..
LLJ I
I ~
LU I ,)
, ~j r [~ A ~-' :- 't
, LU I
I I
1 r I
1'-- ,- - ~ -- - - """" ':'::":"" """ >:'~':~~" 85.0 17n.OO ,,'00 (1 .~.o.(, j4.(I
I .J ) 0' ,,', "'<"':";,,,,'>~;;"'!. UTI' IT Y E' c, M ~ N 1 I
I ~,--,_ _ _ _ _ _ _1~~~~'~ _ _ ~ _ _ _ _ _ _ _ _ ~ _ ~ =- _ _ _ _ _ _ _-l
I ~ I
I I 0
I () TRACT TRACT rRACT TRACT TRACT
"'I
I
I I SF 5 E 5 [\ 5 C 5 B
I I
I I TfiACT
I
I I 6
I
I ,--- ICE I I .. ~ hi _ " 1-)
I I ---
I :. <.
I I
I I
I
30' UTILITY EASEMENT
TR..~CTS 5,58, 5C, 50, 5E, B SF
BOZEMAN CREEK ANNEXA TION
-
SCALE: i"= 100'
\