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Home My WebLink About74- TAP Inc. Easement ~; City of L~ -, . Rt: Bozeman INDEXED . .r!: ,')' (l'>f" PLATTED i \ fiLM 24 \/,GE 1360 t " , " , , . , State of Mont., County of 8aIIatiA. lIS rUed for record , June 12 . 19 74 at 11: 15 A. M.. _ reconIed In Book 24 ~ELLANEOUS _e 1360 CARL L. STUCKY R!'!co dB' , ?l~ - .., r er. y?;' , , Deputy EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER THIS AGREEMENT, Made and entered into this 'i l ~~ day of June A.D. 197~, by and between T. A . P., I nc . part y of the first part, hereinafter called the Grantor ___ and THE CITY OF BOZEMAN, a municipal corporation of the State of Montana, 1n 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 Tract 2 of Rearrang~nt of the Elks Club Property, Bozeman, Mont.ana 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 line and necessary appurtenances to serve various properties located within the easterly 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 willing to grant to the Grantee an easement and right of way across the above described property of the Grantor ,and its heirs, executors, administrators, successors and assigns, for the pur~ pose 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 particularly provided. NOW, THEREFORE, in consideration of the sum of $ 1.00 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__ h8$ 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 following rights and privileges forever: l. A perpetual easement a nd right of way for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing 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 fifteen (15) feet in width being more particularly described as follows: A strip of land fifteen (15) feet in width lying adjacent to and easterly of the westerly line of Tract 2 of the Rearrangement of The Elks Club Property in the S~~, Sec. 8, T2S, R6E, M.P.M., Bozeman, Gallatin County, Montana; beginning at that easement described in Gallatin County Records Film 14, Pages 654 thru 658, thence running southerly adjacent and parallel to the westerly line of said Tract 2 to the southerly line of said Tract 2. Together with a construction easement fifteen (15) feet in width lying easterly of and adjacent to theffiove described easement, said construction easement to be in effect only during the actual construction of said sanitary sewer. ., 1......-; . . . , f\L~ 24 > l,'~ 1 361 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: 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 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. . . . . .. FILM 24 f,Q 1362 5. The Grantor___ hereby covenants and agrees with the Grantee as follows: l. 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, main- tainance, 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 its 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, administra- tors, 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 here- unto set their hands and seals the day and year first above written. T.A.P. Inc. 4~(!4 ATTEST: '4:cJ~ STATE OF MONTANA ) . : ss County of Galkin ) On this,),3 day of*..IL in the year 19zt. before me, a NotarYlu~(k'i_n and for aid State personally a~ared d~<<_/ (~ . , ;"". - ___~ known to me to be the ,,/};'\{,,'; ,l~,.1 . ;.~_. of the corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,,"<~""'''''::':.:;' :,"'/"" . ~.(,,,.\ "..t~....,.,'" ""t ""; '/ . ( '\/1::/hJ1', ) ,"6"" III"." """,,::"'~"~'/ ......... ......, ","" '. C'o '. (?J' 1>12fJ ~"t ,.'" t:O,/.:! .~. ,,' \ 1::~ \ . .'.11: tr.' . Notary Public/for the ~~te of Montana "lJ : '\ ,,(i (.i) ~ v_ Residing at Bozeman, Mo tana '..J \ 'y:: '" . ..0 tf')': My Commission Expir~s 19 ) ....~./1, . ..... l:~r . - (), ..../ ..... A., '\:';1 p" j.t:".i\.:L fCf Hie SiaL oJ' }J)JJ~L3r.:~ .' .. ~ . ,. . ~ ....~ -" '"\, "...... :) .:)~ '. . '-..'. ',',' .'~ .,-~ 1".:~ f!:.l . ,., h'..~ ~ . . . .. . , . f 11I~ 24 f~GE 1363 THE CITY OF BOZEMAN <-' \,) l ~ ,. .,.>> ..,,,,,<1.':'1" ,- ATTEST. , ~, ~.~ ,; ." :?.. ("" · :A\?Z;/' / ,'l-C':"'- /. ';'t .. ' . ERNA V. HARD Clerk of the APP OVED: STATE OF MONTANA ) : ss County of Gallatin ) On this 5th day of June , 197~, before me, the undersigned a Notary Public for the State of Montana, personally, appeared Ed"ll,'! P. SptHvy, Sr. and Erna V. Har~inr 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 written. Ii / . ,.'. ~ /' . I , '\' " J l r,xf () !(r ~ - .... 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