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HomeMy WebLinkAbout80- Stratford Easement Rt: City of Bozeman r-,' ,,'\ ; I~DEX'i.D ~ " ' L~:~3'\ fiLM 60PIGE 785' , State 0: L":,_q~/.. ., ',..' . J ~nua~:-y 5 . ,_, 10;; 81 . at 9: 50 AM" ane l'()C(..(:;;': L. ~_,;,~< m.JLQ _"_ MISCELLANEOUS_ ge 785 ,_ ~ ce, a~ Recor~er. By ~..I~;--- :~ ""_ ::;-" EASEMENT AND RIGHT DF WAY AGREEM~FDR V ~ SANITARY SEWER THIS AGREEMENT. Made and entered into this _:__:.:..,,~ day of :'L '-- A.D. 19,1:..:.::-_. by and between R. L. STRATFORD & I YnIA STRATFORD 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__ is the legal record title owner of Stratford Annexation in the SE~, SW~, 511, T2S, R5E 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 a sanitary sewer and necessary appurtenances to serve various properties located within the Southwest 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 wi 11 ing to grant to the Grantee an easementand right of waY-across the above described property of the Grantor , and his heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said said sanita~y sewer and appurtenances and for 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 $ XXX X and other considerations in hand ~id 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 has granted, bargained, sold, conveyed, and confirmed and by these presents does 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 1 said easement and right of way to consist of a strip of land thir~~30.0) feet in width geing 1n the nort~ern 30.0 feet of Certificate of Survey recorded on f11m II, page 447 1n the Gallatin County Clerk and Recorder's Office, also known as the Stratford Annexation to the City of Bozeman located on the Southeast 1/4, Southwest 1/4, Section II, Township 2 Sout~, Ra~ge 5 East, Princ~pal Meridian Montana, Gallatin County, Montana. Th1S sa1d easemert conta1ns 0.17 acres. , r FILM 60 PAGE 786 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 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: l. Tha t , in connection with the installing, operating, using, repairin&, replacing, maintaining and removing, of said sanltary sewer 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 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 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 9uch 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 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. -2- . 5. FILM 60 PAGE 787 The Grantor hereby covenants and agrees with the Gr~ntoe as follows: 1. That at no time will they build, construct, ereeL or maintain any permanent structure over or above the said residential sewer unless such structure is built, constructed and main- tained in such a manner thati t. vlOul d not int.erfere vii th the operation, use, repair, maintainence, replacement and removal of said residential sower. 2, That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interrupt.ion by the Gran tor _ or _hi_~ successors and ass i gns. 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, administratol's, 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, administra- tors, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. "--" / " , .- - . FILM 60 PAGE 788 EASEMENT from R.L. STRATFORD AND LYDIA STRATFORD 2001 PLAZA DRIVE, BILLINGS, MONTANA for CITY OF BOZEMAN S.I.D. 626 A perpetual easement for the purpose of installing, operating, repairing, maintaining a sanitary sewer pipeline and appurtenances thereto upon and across the northern 30.0 feet of Certificate of Survey recorded on film II, page 447 in the Gallatin County Clerk and Recorder's Office, also known as the Stratford Annexation to the City of Bozeman located on the Southeast 1/4, Southwest 1/4, Section II, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. This said easement contains 0.17 acres. i) ,I) 'l ,\1,1, \. ).1 !,..' ~, \ i \. ' i I'. " ' I. ' " , , , 1" . "J. IA' ' (\ ,,(. 789" " rri i , ' f1l~ 60PIG( y'v . '~. ;~, "." , ' .- ". ~'~:C:"':":~.....:.~ ""h~,,,_~_ . ~; , 'illhf".i#i.L"",,.2.~;{/L '.< ......:>A6"/L. ,. ....... ..........7RB?~lE; y/' C'-, " '"~, J)' , ,y , 'l , r) " ~ '. f)' , d', , . ) h' .1" , 'f .,' I:. '"' I" , ~" , ""A, " (I~' . w l Ir~ L /F v , I I i 0 I "~ 'in' , I . " ! I I I i') , . . > I ' , " , " ' .f" ' . I , ,~ ,l' ' ,. . · I-i' \ c') I.'". ,~ . .... ,/ I .' ~ 1 '()' '/~!I., ''v ^ , __...., "y- 'An " ~ ' ''1- - " ." !" ,) , II,'. I \ " ' , '" ' ., l.! " , \ , J ' ! I (, i,i)'" ;: " '" " . , , , .~, \ ( r' r , , I . . . . 1-1L~ GO ,PACE 790 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above wri t ten. " - I / " < It, . ~~.< I / ......--J.. .,,' '~/~'-:" ..., ..1--. '-~-.. 1. ,J~ L '<:-- -i.t.--~I v (' ,~ ,. ,/ I ..). STATE OF MONTANA ) Yellowstone : s 5 County of ~~ ) On th is 4th day of December 1980, before me, a nota ry pub 1 i c in and"'-f'-orsa idS ta t-e;'-pers()n-a llY'~l-ppea red ~_L '"" Stra~r.ord & Lydia Stratford known to me to be the person s whosename _~--==_.-a.~--- ___ subscri bed to the -- within instrument, and acknowledged to me that ----'-------Lhe;;z:.-".~~-,-- executed the same. 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