HomeMy WebLinkAbout81- Mt Conf. Association of Seventh Day Advent
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Rt: City of Bozeman PLATteD '" , FILM 64p^GE1845
Flee: None
, $tate of Mont., Cbunty of Gallatin. ss ~e~ltf.i~ecord July 31
at 8:40 A M., and recorc!.~d in Book 6L~ of MISCE
.
ReCorder. By
EASEMENT AND RIGHT OF WAY AGREEMENT FO
SANITARY SEWER TRUNK
THIS AGREEMENT. Made and entered into this j{)t1 day of
:Tutve A. D. 19i~. by and between The Montana Conference Association
of Sevent-h Day Adventists part of the first part, hereinafter
called the Grantor_~ 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
a 9.036 acre parcel recorded in the Ga.llatin County Courthouse as Film 56, Page 430
more particularly described below, and
WHEREAS. The Grantee, in the exercise of its power and authority
as a municipal~ty of the State of Montana. proposes to construct and
install a Sanltary sewer and ~cessary appurtenances
to serve-various properties located within the stern
portion of the City of Bozeman and one or more such lines would run
across the Grantors land; and
WHEREAS, The Grantee desires to acqui re from the Grantor s, and
the GrantorS are willing to grant to the Grantee an easemen~and
ri ght of wayacross the above described property of the Grantor S ,
and their heirs, executors, administrators, successoes and assigns,
for the purpose of installing. operat~ usin2' repairing. replacing,
ma i nta i n i ng. and removi ng sa i d saru sewe and
appurlenances and fur such other rights of access and incidental rights
as are hereinafter described, all as hereinafter more particularly pro-
vided.
NOW. THEREFORE, in consideration of the sum of $ xxxx and other
considerations in hand ~id by the City of Bozeman, the receipt whereof
is hereby acknowledged, and 1n further consideration of the covenants
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 follow-
ing 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 S ,said easement and right of way to consist
of a strip of land TwentyIT've ~25)feet in width being Twelve and one half (12~)
of each side of the tollo,v1.ng escribed centerline.
"" Beginning at a r:oint on the southery right-:of-way of Interstate 1-90 and
the northwest corner of said groperty; Thence, S. 63007' 34" E a distance
of 180.60 feet; Thence S. 26 52' 26" W a distance of 84 feet to mmhole
n9.22 of the HY'lli te Interceptor Sewer and the true JXlint of begirming;
Thence, S 87029' 09' E a distance of 170.08 feet thence, S 630 07' 34" E
a distBnce of 475.00 feet and the end of the easement.
In addition, a terrq::orary easement 30 feet on south side of the ];€rnanent
eciserrent is granted for construction purposes.
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flU"' 64 P^GE 1846
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
sani tarv sewer and for the removing of same if and
when desired by the Grantee. its luccessors and a88igns:
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 foll"ws:
l. Tha t . in connection with the installing. operating.
using. repairing. replacing. maintaining and removing.
of said sanitary sewer it will replace at its
80le 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 .s near thereto 8S 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
he mounded sufficiently to prevent the formation of depression.
after final settlement has taken place.
3. To operate. u8e and maintain said sani tarv sewer
in Ruch manner 8S 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 shol1d 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.
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...--~ 1)4P^GE1847
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;tH' (,rcHltor s hereby cuvenants and aqree', wi th UH' Grantee as follows:
l. llldt dt 110 tillll' will they build, cOn',tnJct, Ct'ect or' llIaintdin
Jny penllJrlcrlt structure over or abov!' the said San.i.tary
sewer tJ nl e'-, ", ~, u c h s t I' U c t II t'e i s b u i It, co r1'; t I' LJ ( t e d and Illa i n -
t d 1 II (, d in SIJch a manner that it would nut interfere with the
tJ!Jt"rdti(JrI, U<;f', repair, rllaintainenu', replacement dnd relllovdl
ul <,did $dI1i tary sewer .
'! . TliJt the Gt'dntt'e may pPdceably hold imd enjoy the nqhts dlld
pr'ivi leqcs herein grant('d without any interruption l'y the
Gran tor s__ or ~irsuccessors and ass i gns.
.) That they have been lawfully seized of said prf'mise~;; thdt
' .
they have quud riqht and lawful authori ty to sell the Sdllle
dnd thdt they and their heirs, executors, ildrninistratol-s,
successors and assigns, shall warrant and defend the title
to said premises unto said Grantee, and its successors and
dC,S; gns forever, against the lawful c1 dim and demand of all
[if'r";fHl'; whorn~,o('vcr.
It i', IJnJc'r<,tood and a~Jr(>ed by and bctwf\f'n UH> parties herdo thdt
t hi" 1\(1 r'f'erlll'Ti t <; hall tw b i ndi ny IJpOn the heirs, executor's, ac1minislr\l-
tlJ r', , ',uccc~){,or and assi gns of the Grantol's and upon thp successors and
d " " i (I r)', 0 f the G I' ant c l' .
.'
, Fll~ ~4 PAGE 1848
IN WITNESS WHEREOF. The 8aid parties nf the first par ha e
hereunto set ther hands and seals the day and year first above
written.
By: f2~e~~
ATTEST:
p~~-
Secretary
STATE OF MONTANA )
: 88
county of Gallatin)
On this 10th day of June in the year 19_~. before
me. a Notary Public in and for said State personally appeared
Paul W. Nelson and President and
Burt Pooley known to me to be the Secretary
of the corporation that executed the within instrument or the
person who executed the instrument on behalf of ooid corporation.
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed
my offidal seal the day and year in this certificate first ahove
written.
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.!t~ ./- .'.::h.,. Notary Public for the State of
Montana
Residing at Bozeman. Montana
\'. ;:. y,..:,..."" :' My Commission Expires 10-20-81
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fiLM 64PAGE1849
THE r:J fV Of BOllMAN
By: tfLj;;':c:~( /
Maya r
A 111 " r
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. ,''-.J'_ t'(~u__~I_ :_ }J_~C,_(L'2~'~:2.. _
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(]('rk of the City COllllllission'.'\
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County of Gallatin)
On thiS_.d~ <Juy of _~...hL-_' 19ff/. before me, the
IHI,If'r',irlned U Notdry Puhlic for the State of Montana, personally,
d ilpea l'l:dJ..D~k41~-,-_l)}.lk-k~ y)j~ cV ui~~fnown to me to
Iii' thl' t'layor and Clerk of the City Commission respectively, of the
i.111 u/ Bozelllan, whose names arc subscribed to the within ir1';trument
lldl <I<'~' now I (>dqed to 1111! that they executed the ',urne for and on beha 1 f
rd ',aid City.
IN WITNESS WHEREOr. I have hereunto set my hand and affixed
my Notarial Seal on the day and year in this Certificate first
<lbove. written.
... .~)~~u_m__._
Notdr~ r:';-JUI i~: for the State of Montana
" ( .' Residing at BOleman, Montana
,', l" My ConVllission Expires_HQT~R.Y.PllBLltfof#l _
t lesidinr at Bozema M' 3!at@ofMontanll
.. .: M " n, ontana
, . y commISSIOn eXPires January 6, J 984
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fILM 64 PAGE 1850
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