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Home My WebLink About74- Samson Easement . .. . . . . FILM 25 (,',GE 615 . . , , EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER LINES THIS AGREEMENT, Made and entered into this 24th day of July A.D. 1974 , by and between A'DELBERT P. & GLADYS LOUISE SAMSON partj.:es of the first part, hereinafter called the Grantors___ and THE CITY OF BOZEMAN, a 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!-- are the legal rec.rd title owner~ of Tract SB, 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, proposes 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 Grantors 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- pose of installing, operating, using, repairing, replacing, maintaining, and removing said sanitary sewer lines and appurtenances and for such other rights of access and 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 line thereto upon and across the above described property of the Grantor-a-' said easement and right of way to consist of a strip of land thirtv (30) feet in width being the west 30 feet of the North 30 feet of Tract ,B of the Bozeman Creek Annexation to the City of Bozeman, Monmna. p . . I t FIU.4 25 i!\GE 616 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 lin~ 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 line 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. . . 4 . FILM 25 rAGE . 617 5. The GrantorJL- 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 sanitary sewer line 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 sanitary sewer li~_ . ~- 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 first part have hereunto set their hands and seals the day and year first above written. '?ka p ~ ( '- , J r :J " , ." // .- -"'I t I ~@~,I2)-j< ~l"7)/ (.,4:{r~,--_, A'DELBERT P. SAMSON ~- f ..... (; ...--;1;/ '. -'~'e"f _] /'~-;:f:iC{-<ll: i------"'.i?,1?d<"-':)/- --- GLADYS' OUISE SAMSON STATE OF MONTANA ) : County of Gallatin ) ~- ! r{tl ' i On this ~ day of ';Li '-Y 197 L , before mer a. notax:y public in, and for said tate, personally appeared ]fT1U''1'''l!.''P ~ l---U)DV') LNIi',;- .' /IJ,/~{il known to me to be the person~ whose name~ 4RC subscribed to the within instrument. and acknowledged to me that ;if/ty executed the same. 'I lic/ ;/ i ' r- <-1 :,) .('V-'l' ;'.- Notary Public f6~ the State of . '~..r' . Montana 0: ~- Residing at Bozema~ Monrana :~{ ;? -- -~ -- My Commission Expires - , ()-() )1 -. . . ~,~<~'" '" ,"" ;~ . .. ",' ~,\ . . . . FILM 25 i1,GE' 618 THE CITY OF BOZEMAN -' / / C~.'~ /~ L ../ 4 ;-~y -C .-- -. ./,.. ..--".,/ , '" ATTEST: ,<~_:' //~" ~ E~:-:;~\IA'I~: t/~~r Clerk of the City Commission APPROVED: E8~ .L~1< City Attorney STATE OF MONTANA ) : ss County of Gallatin ) On this 25th day of July , 197~, before me, the undersigned a Notary Public for the State of Montana, personally, appeared Edmund P. Sedivy, Sr. and Erna V. Hardini 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, 1 have hereunto my hand and affixed my Notarial Seal on the day and year in Certificate Hrst above written. / "\ , . , - , - . - - - ",.. ". , .'., ~ f",:,'" , " INDEXED '. , ! PLATTED ._ ,,",>nor<,"'-,';; State of Montana } SS County of Gallatin . Filed July 26 ,1974 at 8:55 A. M., and Recorded in book 25 of MISCELLANEO US page~ CARL . _ STUCKL___ c t B Fee $ --- Rt: City of Bozeman . . 'f" .. ' .. . i ' .. . N. 1/4 '.:' R'IIE,", , I ',',~C_ '". T,-';. R.,E I I , f- I I z :; I ~ I WI' I ~i T>\4:;T of . I u: I I I I ,. I r..~ J- - - - - - ~)(~ 44 a6.0 170.0n '00.0 i ~}I 30' UTII.ITY [.\S'MFN'1 ~ 1- - - - - - - -- - - - -- - - - - - - - - - - - - - - - - - -- I ~ '0 TRACT TRACT fRACTT RACT TRACT 1'01 I SF 5E, 50 5C 58 I I TR;:.C T I 6 I ,-_____ ICE i, ..:- K_"w I ;.1, u' .~ I' ,. I I I 30' UTILITY EASEMENT T R ,J.CT S 5,58, 5C, 50, 5E, a SF BOZEMAN CREEK ANNEXATION SCALE: 1"= 100'