HomeMy WebLinkAbout63- Roman Catholic Bishop Easement
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F 0 h SEWER L I N E
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THIS AGE,m:ENT, Made and entered into this dt\y of
S~~lo~J- , A. D., 1963, by and between THE HOMAN CATHOLIC BISHOP
of Helena, Montana, a Corporate Sole, party of the first part, hereinafter
called the Grantor, and THE CIrl OF BOZE,UUJ, a municipal corporation of the
state of Nontana, in Gallatin County, the part;)' of the second part, herejJ)-
after' cul18d~the Grantee.
WIT N E SSE T H :
That for an in consideration of the S1J!:'l ai' One Dol18~ illCd other good
and valuable consideration, in hand paid by the Cit~r of Boz.eman, the receipt
whereof is herebJT acknowledged, and in further consideration of the covenants
and agreements between the parties hereto, the Grantor has gra.nted, bargahled
sold, conveyed, and confirmed, and by these presents does hereb~' Grant,
bargain, sell, convey, and oonfinn unto the said Grantee and its successors
and assigns the following riehts and privileges so long as the right-of-wa;:,' is
used as a right-of-way for a sewer line.
1. A perpetual easement and rieht-oI-way for the purposes 2f
installing, operating, using, repairing, replacinG, maintaining and re~ovinG
a sewer line across the Grantor' 5 property and on to South 15th Avenue,
which easement shall be located upon the following described propert,;;', to-'Jlit:
Beginning at a point on the west side of South 15th Avenue as platted
in the Cit;{ of Bozeman, Montana, said point 'oeine; I':, feet south of the bE
1'n .,... efe}, ('11. '",;;1 f C Von 12 T 2" ') C:E \' P '". V-" ~.....' j.~,..,i f ",-'H
co ... e... .' l.J...e ~w .... ....H '+ 0 ..;ec..L ,. ..;, ....~. ~' , j.,;,., .1"", .t.J.t....n,.....c: ......on,..J..L.l....u.........n '} iJ,Jv. bj
alO1l2; t,he wr~stcc1;y line cf said 15th Avenue a d:i..stUll'::C c1' 3=' r3ct; :.),cn:::': ,'cst~
-::r1,y parallel to and 45 feet distant from the northerly line of said S'd~ Sltl~
a distance of 198 feet; thence in a southerly direction parallel to and 61.27
feet distant from the easterly line of the Rosary High School Propert~' a dis-
tance of 907.87 feet more or less to the Southerl'y line of the said school
propert;;; thence westerly along said southerly property line a distance of
128.73 feet ILore or less to a point of intersection with the westerly line
of 'l!:ithAvenue extended; thence northerly along the said westerl,'t' line of
16th Avenue extended a distance of 30 feet; thence casterl:.' parallel to and
30 feet distant _from the southerly property line of said Rosar;y High School,
a distance of 93.73 feet; thence in a northerly direction parallel to a.nd
91.27 feet distant from the easterly propert~' line of said Rosary High School
a distance of 907.87 feet, to a point 15 feet southerlJ' of the northerly line
of said SW~ SW~ of Section 12; thence in sn easterly direction rarallel to and
15 feet distant from said northerl;y line of the SVJk SH~ a distance of 2213 feet
to the true point of beginning.
') The perpetual right of ingress Ilnd egress to <1nd from said tract
"-. of land at all reasonable times for the purpose of installinG, or eI' <'lti:ig, usinS,
repairing, replacing and maintaining said sewer line ."l,nd appurtc'1ances thereto
and for the rer.;oving of said sewer line if a""d when desired bJ" the Grantee, its
successOl'S and assigns;
TO HAVE AND TO HOLD the above described right-of-t"lay with all the
appurtenances and privileges unto the said Grantee and to its successors and
:lssigns so long as the right-of-way hereinbefore described is used as a right-
of-way for a sewer line.
The Grantor he:o.'cb:>; covenants and agrees with the Grantee as follows:
1. That the Grantee may peaceably hold and enjoy the rights and pri-
vile'~es herein granted without any interruption by the Grantor or its successors
and assigns saving and excepting as in the Agreement contained.
The Grantee hereb,y covenants and agrees i.nth the Grantor as follows:
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1. To install such sewer line at such depth below the surface of the
earth as will not interfere with the surface of the earthJ roads or highways on
the earth or any installations placed on the site above describedJ and in the event
Grantor gives notice of construction" reconstructionJ or maintenance operations
along said site above describedJ Grantee will within a reasonable time change
the installation of such sewer line to such a depth or location below the surface
of the earth as will not interefere with roads or other installations placed upon
the premises above described.
2. To maintain and safeguard traffic upon the premises whenever the
Grantee conducts operations of any nature within the right-of-way herein granted.
3. To leave the finished surface of the ground in substantially the
same condition as existed prior to the beginning of any operation within the ease-
ment granted involving excavation; and that depressions developing as final
settlement occurs at such locations will be filled by the Grantee.
4. To hold and save Grantor harmless from any and all damages arising
from Grantee's use of the rights and privileges herein grantedJ and to pay any
damage or damages which may arise to the propertyJ premises, or rights of the
Grantor through Grantee's useJ occupation, and possession of the rights herein
granted.
It is understood and agreed by and between the parties hereto that this
Agreement shall be binding upon the Successors and assigns of the Grantor and
upon the successors and assigns of the Grantee.
IN WITNESS WHEREOF" The Roman Catholic Bishop of Helena, Montana,
a Corporate SoleJ and the City of BozemanJ through its proper officers, the
Mayor and the Clerk of the City CommissionJ have caused this Agreement to be
executed, and their respective seals to be affixed as of this ~l,gJj-l_ day of
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,;,)e.~ V}v\"t-.- J A. D., 1963. / ''''',
~YM D G. HUNt?: S N,/
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Roman atholic Bishop of He lenaJ Montana J
APPROYED AS 10 FORM a Corporate Sole.
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~'<J} '--<"-M. ,L.o '.' .' ,.; ..., STATE OF MONTANA
.. City Atterne:
By
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Attest:
~a uJ~~
Clerk of 'e City Commission
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STATE OF MONTANA )
SSe
Co un ty of GallMin. )
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On this I f_Uu day of (l~~,r 1 19631 before me" the
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undersignedl a Notary Public for the State of Montanal personally appeared
RAYMOND G. HUNTHAUSEN. The Roman Catholic Bishop of Helena" Montanal
a Corporate Sole. known to me to be the person described in and who signed
the foregoing instrl.lmentand acknowledged to me that ~he~-had executed the
same freely and voluntarily" for the uses and purposes therein expressed.
IN WITNESS WHEREOF1 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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(NOTARIAL SEAL) ~~~~~/f~r ~St6Montana
~Siding at Bozemanl Montana
y Commission expires June 1stl 1966 .
STATE OF MONTANA )
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County of Gallatin )
On this ,?,d7 ~ day of ~--k-J 1 19631 before mel the
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undersigned" a Notary Public for the State of Montanal personally appeared
FRED STAUDAHER, Mayor of the City of Bozeman" and C. K. WILSON1 Clerk
of the City Commission.. known to me to be the persons described in and who
signed the foregoing instrument and acknowledged to me that they had executed
the same freely and voluntarilYI for the uses and purposes therein expressed.
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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(NOTARIAL SEAL) Notary Pub. for the State of Moniana
I Residing at Bozemanl Montana
n,,~~';,~':""'i":.~-- ""My Commission expires ~~/6S- .
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