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FIL~ 58 PAGE 326
EASEMENT AND RIGHT OF WAY AGREEMENT FOR
Water Se,ryic~J~ine __,,__
THIS AGREEMENT, Made and entered "into thi<; "n"_.1~ day of
August 1980 A. D. ~_~, by and between _LEROY. SPAIN AND
RgBE.!T 1. TICHENOR, A PARTNERSHIP pa rt.Y~_ of the fi rs t part, here; nafter
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 the legal record title owner of
..--1.Q.t. 1, Block 6 . Corcoran's Rea.rr2ngeme..nt of Wcstsi de Addition ._
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 water service and necessary appurtenances
to serve various properties located within xtb&:: Lot 2, of said block
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 is will ing to grant to the Grantee an easementand
ri ght of wayacross the above descri bed property of the Grantor .
and his heirs, executors, administrators, successor:s and assigns,
for the purpose of installing, operating. using, repairing. replacing.
maintaining, and removing said water service and
appurtenances and for such other rights of access and inc1dental rights
as are hereinafter described, all as hereinafter more particularly pro-
vided.
NOW. THEREFORE. in consideration of the sum of $ - and other
considerations in hand plid by the City of Bozeman. the-'reEeTpt whereof
is hereby acknowledged, and in further consideration of the covenants
and agreements between the parties hereto. the Grantor has
granted, bargained. sold. conveyed. and confinned
and by these presents-does hereby grant. barga~in. sell, convey, and
confinn unto the said Granfee 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 sanita~y 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 appro~~--15 feet in width being the South 80 feet
of the West 15 feet of said Lot 1, and the West 40 feet of the South
25 feet of said Lot 1.
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IILM 58 PAGE 30"?
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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
water service 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 foll/')ws:
1. Tha t , in connection with the installing, operating,
using, repairing, replacing, maintaining and removing,
of said water service it will replace at its
sole 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 as near thereto as shall be
reasonably possible.
2. That, during operations involving excavation, it wi 11
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 c.ompleted 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
be mounded sufficiently to prevent the formation of depressions
after final settlement has taken place.
3. To operate, use and maintain said ~~~ce
in Auch manner as will not hinder or prevent the
p;;;per 'cultivation of the tract through which this right of
way is hereby granted.
4. In the event that it shodd 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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t1L~ 58 PWE 328
The Grantor__ hereby c~venants and agrees with the Grantee as follows: f>>J? f<t;7
1. That at no time will they build, construct, erect or maintain r'}(l..o.Ud'/tI.#/
any permanent structure over or above the said water service
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 water service .
2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by
the Grantor__ or ~ 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, administratt'lrs,
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 snd upon the successors and
assigns of the Grantee.
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filM 58 PAGI: 329
IN WITNESS WHEREOF, The said parties of the first part have
hereunto set their hands and seals the d8Y and year first above
written.
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STATE OF MONTANA ) A MO~O-PARTNE~
: ss
County of Gallatin)
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On this ~. day of 19 ,., before me, a notary
pu..~lic in and, for...sai~ State, pe onally appeared ._
"~I.:.\C",,,,, \"l-- ' c~,~\'l..'\J\ known ta me to be the person_ whose
name ,) ~\1'\, subscribed to the wi thin
instrument, and acknowledged to me that ~~
executed the same.
, ,
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Notary Public for the Stj~ \0;
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Residing at Bozeman, Mont'~l'i~"" ;,.
My Commission Expires . '9t-""
NOTARY PUBLIC for the State (If !l>k:I"~e"" '~ :: .
tt...t:!rr!r;n at f.i,,, ~llnlT. 1.';r.I;,:u;:a ,. ,
My co~~,i~i~n e~;i;es fcbruery 20. J ~3a
STATE OF VIRGINIA. CITY OF WAYNESBORO. TO-WIT:
I. the undersigned. a Notary PUb~C in and for the City and
State aforesai d. whose commi ssi on expi res /,(:..ce ,-1-t-/!.0lv 'I" /1 JCj .
do certify that Robert L. Tichenor whose name is signed to the within
in.str,ument has acknowledged the same before me in my City aforesaid.
~.", if II, Given under my hand this d..lj'1f:.day of o/Ld,
:,..:~~,,;... :':~ . ~ ~ " " . 1978.
" t" '75~CL'v,,~"-e, (o'
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f IL~ 58 PAGE 330
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ERNA V. lIAR lNG, -7
Clerk of the City Commission
APPROVED:
Ci
STATE OF MONTANA )
: ss
County of Gallatin)
On this I..:~~j.. day of (:~~"7".~A' , 191:0, before me, the
undersigned a Notary Public for the State of Monmna, personnally,
D < ;'l \ ~ ~
appeared iJ, './>L(>,('a J u.) )h".J..).-. f..' Y.i /<.Cv (.; '~/.L/''''d' 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.
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i cC)-' ~ Nota Public for the State of Monta na
~ ,.'\ :'" '; Residing at Bozeman, Montana
4' 4.1 ;""'..\ ~ ~l
. "," \. ,~:- My Commission Expires U/L.. "''(j t~ 19 J(I
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. "''''Il"'"'~ '. IFLAiTED
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State of Mont., County ot l:iaBatm. 5t,: '.';vw. lor 1:'--';...1 U Sept. 4 f r19 80
a,t, _,.,', "B....:..2.0.-----A...M., an, d recorded"in Book -21L__~ELLANEOUS page~6
-.--. Pnriff, a...BlLiA.gcl. ._Recorder. B - - &;7. ~~
Rt : City of Bozeman y, ._.un .------.- ." '" :putY