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HomeMy WebLinkAbout75- Secor Easement . . r . . . . FilM 3 i PAGE 778 EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER THIS AGREEMENT, Made and entered into this 10th day of October A. D. 197~, by and between WALTER A. & NELLIE J. SECOR part~ 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 record title owner!- of Lot 8, Block 2, Springdell Addition more particularly described below, and WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Monrnna, proposes to construct and install a sanitary sewer and necessary appurtenances to serve various properties located witl-.in 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 o~way across the above described property of the Grantor~, and their 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 s 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 and right of way for the purpose of installing, operating, using, repairing, replacing, maintaining and removi ng 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 ~ JfXiH(CtiDOO5lW8C Beginning at the Northeast cornerof Lot 8, Block 2, Springdell Additon to the City of Bozeman; th~nce along a 50 foot radius curve to th~ left an arc distance of 5.98 feet, whose chord bears South 750 OS' 47" East, a chord length of 5.98.feet; thence South 220 09' 09" We~t> along the line described in a Quit Claim Deed recorded in the Gallatin County Courthouse, Bozeman, Montana, a distance of 29.61 feet; thence South 71 0 15' 51" West along said line a distance of 18.4 feet; thence South 190 16' 48" West, along said line a distance of 68.5 feet, to a point on the South boundary of Block 2, said Springdell Addition; thence North 690 09' 00" West, along said South boundary, a distance of 25 feet; thence North 300 00' 00" East a distance of 112.02 feet, to a point on the North property line of Block 8 common with the cul-de-sac right of way; thence along a 50 foot radius curve to the left an arc distance of 14.33 feet, whose chord bears South 630 27' 36" East a distance of 14.29 feet, to the point of beginning and containing .049 acres. -1- . . FILM 31 PAGE 779 " 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 follows: 1. That, 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 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 in such 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 should become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replccing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premiBes or crops. -2- . . . - FILM 31 PAGE 780 5. The Grantor__ hereby c~venants 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 unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainence, replacement and removal of said sanitary sewer . 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. -3- . . . . F \lM 31 FACE 781 IN WITNESS WHEREOF. The said parties of the first part have hereunto set their hands and seals the day and year first above written. (()r?/A.- f2L ~, 1zu~ Q.. h~ AfJ--IJ () , STATE OF MONTANA ) : ss County of Gallatin) On this ~ day of ()L"L'-.. 197~. before me. a notary public in and for said State. personally appeared Woft\:..... ~. s.Q~~. .... n~~~~~. ~~O. ~ known t. me to be the person~ whose subscribed to the within instrument. and acknowledged to me that '~ executed the same. Q (' .~.._!l (\~.c._\...... .' Nota.ry Public for the State. of Montala Residing at Bozeman. Montana My Commission Expires l-~l-,8 . -4- ~ .. .. -,. . . . FILM 31 PAGE 782 THE CITY OF BOZEMAN ..~-,. ,</~~/'- ./ y~ ,// ~ ATTEST: ..--:;::> , // . r. . //(// ~' / " ,/ /~ ~,., ....'...-- '.; . ~,. , ~'..... ~rlliA~: 1iAtDi~ //~, > Clerk of the City Commission APPROVED: ..~ ~G) .' -c ~cr"-"""'" ~. City Attorney ~ STATE OF MONTANA ) : ss County of Gallatin) On this 10th day of _ October ,1972.., before me, the undersigned a Notary Public for the State of Monrnna, personnally, appeared Edmund P. Sedivy, Sr., 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 wri.tten. '1)/ f ". Lt A.,."" t (, ~ Notary P blic for the State of Montana Re'Siding at Bozeman, Montana My Commission Expires nOTARY PUBLIC for the State of Mofl1ana Residing at Bozeman, Muntdna .My Commission expires Dccemi';er E, Ern INDEXED ,V_ IJ'I)'-'40 -P\.ATTED i-- i<O.o~u ~"'~'te of Mont., County of Gallatin. 55 Filed for record 18 ..1975 aL_,~:JO A. M., and recorded in Book __ 31__, of page----L78 CARL L. STUCKY Reco d B-"---:;' r er. Y Deputy Rt: City of Boz~man " . . , . \ .I I .,. I . .. . I .. ,~ II , / C- . ;::: I I~ .Jr~...... F ILH 31 PAGE 7B3 ~/j .) t. \ , . Ii. ) (: I I ~'j I- > " ~ I '-./ '~ 'r) :l~ ! MAN- M/It1/ - 2':. (''->cl , ,~ - .-": \ - \ '\ ~- '\ . I . ~ I j I I, I' ., r I STA. 7.;. 49 TO S TA. 7-1- 54- SAW CUT.- REMOVE{. RE- iPL4CE 50 SQ.,cT: COA/C- IRETE SIDEWALf). I STA. 7.;. 51- TO 57:4. 8-1-Q5 REPLACe 32 sQ. YO 5" I GRAVEL. STA. B~05 J BUILD MANHOLE NO.5.