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HomeMy WebLinkAbout65- Thompson Hereford Ranches Easement -... /'" c- . HOOK C:C PAGE307 ... -,.;.;... .... _.~ :J . . . EASEMENT AND RIGHT-OF-WAY AGREDlENT FOR SANITAEY SE'dEH , . III THIS AGREEMENT, Made and entered into this I q--- day 0 f S~D ff',tr?!r-rr A.D. 196,,';; by and between Thompson Hereford Ilanches, Inc. partI....- 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 portions of the lOGS 5 of Block J and lots 2 and 3 of Block Lj- o~~ Thompson's Addition Number 3 ,- and WHEREAS, the Grantee, in the exercise of its power and authority as a munici- pality of the State of Montana, proposes to COn.struct and install plI sanitary sewer and c:torm sewer would run across the Grantor 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-w-ay 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 gll sp.tojl>.IT":; i:'P'\~'er ,'( ::tr. rr;.: ::c;::cl'and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particula.rly providede NOW, THEREOFRE, in consideration of the-sum of $ ;; ~! in hand paid by the City of Bozema.n, the receipt"hereof is here by acknowledged, and in further con- sideration of the covenants and agreements between the parties hereto, the Grantor__ h.:Js granted, bargained, sold, conveyed, and confirmed, and by these pre- sents _ hereby grant, bargain, sell, convey, and confirm rmto the said Grantee and its successors and assigns the following rights and privileges forever: ~ 'fVIK 22 PAGE308 . ,;':{.~ . . -' . L. A perpetual easement and right-of-way for the purpose of installing, oper- ating, using, repairing, replacing>> maintaining and removing' a sanitarv sewer {81!.)... and storm sewer thereto upon and across the above described property of the Grantor-, said easement and right-of-\,jay to cons:i st of a strip of land (Zit) ~el'liy_f'tm,.. feet in width lying and being _mote fully deR~,..jhp.n t.n_-..rit.. . A strip of land 24 feet wide, twelve (12) feet, eaeh side of the following described centerline. Beginning at the southwesterly corner of lot 4 of Block 3 of said Thompson's Addition Number 3; thence North 730 50' West along the north- erly line of Highland Court a distance of 49.25 feet to a point of curvature; thence contunuing along the northerly line of said Highland Court being along a curve to the left a distance of 120.05 feet to the true point of beginning; thence northwesterly across lot 5 of sa:idBlock 3 to a point on the southerly line of South Tracy Avenue (formerly Spring Creek Drive) said point being 160. feet south- westerly of the northwesterly corner of lot 1 of Block 3 of said Addition. Also a strip of land 24 feet wide across lots 2 and 3 of Block 4 of said Thompson's Addition Number 3, twelve (12) feet, each side of the following des- cribed centerline, more particularly described as follows to wit: Begirming at the southwesterly corner of lot 1 of Block 4 of said Thompson's Addition No.3; thence southwesterly along the northerly line of South Tracy Avenue (formerly Spring Creek Drive) a distance of 190.22 feet; thence northerly at right angles to the said northerly line of said South Tracy Avenue (formerly Spring Creek Drive) across lots 2 and 3 of said Block 4, a distance of 150 feet more or less to the channel of Spring Creek. 20 The perpetual right of ingre 5 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 ~" sallitaz:y sewer Ann l'lt.nT"m l'lp.W'~", 1; nA and for the removing of same if and when ci-esire(i by the Grantee, its successors and assigns; TO HAVE AND TO HOLD t.he above described right-of~"'''JaY with all the appurten- ances and privileges unto the said Grantee and to its successors and assigns forevero The Grantee hereby covena.nts and agreesl,-rith the Grantor_ as follows: 1. That, in connection with the installingj operating, using, repairing, replacing, maintaining and removing of said ~anita.ry sewer & At-arm !l!f!lwp.r line it will replace, at its sole expense, all existing fences, ditches and other appurtenances of sa:i,d land that may be disturbed by its operation in a cond- ition equal tot.he condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible. 20 That, during operations involving excavation, it will remove the top- soil 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 away from the site any lar.ge rocks or surplus excavated material or any kind of 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 th'il finished surface in substantially the same condition that existe(~ prior to the beginning of operations except that the surface of backfilled ar~ may be mounded suffici1::ntl;y to prevent the formation of depressions after final c3ettlement has taken place. sewer 3. To install said ~~p.itary sewer & storm / line at such a reasonable depth below the surface of the earth a.s will permit normal cultivation of the groundo & storm sewer 40 To operate~ use and maintain said 8" sanitary sewer / pipeline in such manner as will not hinder or prevent the proper cultivation of the tract through which this right->of-way is hereby grantedo 5. --~- ,- ." ~ - -------- - Pw _"""",__-=>_..,___..,_wu___aID__~""""~""'l2D~C=IIII:I'l<'::Jaz:o=l"""'''-'__':'::'''''''''''''''''_-'''''''''''''''"'.:&:>~'_''m:::I''''',,_.-""'"'-__-=1<'______________ .~ ..': .. . HOOf! 22 PAGE 309 . ~ ~ . 60 In the event that it should become necessary for the Grantee to re- enter the Grantor.~ premises for the purpose of repairing, replacing, main- taining or removing .J:~~EL-~'Y:.;Lsewer & _st,()T'm QP1,'P'> line, t-he Grantee will reimburse the Grantor._ for any actual damage done to the Grantor_ premises or cropso 7Q _ _ _ ~... --'.......:~-- - --'"""""......--. The Grantor._ hereby covenant~ and agree._~. with the Grantee as follows: 10 That at no time will __~hey__. build, construct, erect or maintain any permanent structure over or above the said 81t sanit2.I'.Y sewer and storm sevIer unless such structure is built, constructed and maintained in such amanner' that it would not interfere with the operation, use, repair, maintenance~ replacement and removal of said 8" sanitary ~eHer and storm_~o 2. That the Grantee may peacably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor_ or their successors and assigns" 30 That ~~ js~. lawfully seized of said premises; that t.hey hav~___ good right and lawful authority to sell the same and that they and _ili.ili-. heirs., executors~ administrators, successors and assigns, sha.ll warrant and defend the title to sald premises unto said Grantee" and its successors and ~5si.p;ns forever1 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 up')n t.he heirs, eJtecut,ors~ administrators, successors and assigns of the Grantor,~<_ a.nd upon the successors and assigns of the Granteeo IN WITNESS WHEREOF 9 the Grantor_> ,~.h?&._ hereunto set I,hei r hand.JL and seal~ and the Grantee9 The City of Bozemanj has hereunto set its hand, by its Mayor and its Clerk of the City Comm__issiongeach thereunto duly t}uthorized, and has Laus,ed its corporate seal to be affixed, al~ on thi~ X 7[4 day of '/::./I&N<-/c-U , 196~o /-/ ~ // ~ . f.-'. / Q . / ' ,/./E <'----7?--t , -->'1../ fXL.(:>~"',~" _di r./ (~,.q/./ ,,-,,",-70( & .'l 7/' ,""'-J /m ~ "J ,/--".~~,- >'.',.(.., , ',') i //~,p, '.' u",<::"-"",..","<:",----- ~- ~ . I;...."\..~'~"'''"T ' ~ /" "~~ .'IL,..... .~~;L""..,-/ -- ~...~ (/}/;(:t$7' '~1":~~P; ---~t;i; (7. ./ ( -(", '''L.('.'-<-'~ / ,~/' ' 7' ..- .-".' ..--'"T ".',' , . "'.1.~'<:.-/ -THE CI'~~:BOZlliAN / /// l.._ ,;< BY!t/l ~1l![~r I / Mayor ATTEST ~ ( ! J , -' // )/ / ;//:<< . . ~.</ J1.<'~-"t , /d t,d c:;>y -/ ~,----_. Clerk ,of the City Conunission APPROVED; ) ,_J,- ,,//'(./~) ~.,. d'; ( "," S.J<(/l. I-t. , ,/ Z /, ~--..:L-i'l,-,~;t4 "."i7~_. ./ / - /C'ity Attorney j: . . 22 PAGf31U : a ---BUOK - ... ' r' .. STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) It.. day of s"~TEA-?dt!~ . l~ 5' bef9re'me, theundersi&ned a tate of Montana, persona11Y'~peared . .' L F-~-: jI/l;'A-fi"E1C r c: .:.-Lf,' " a ~. '. :J q,./," <? ~"".s L ~ ' - > C~, y' known to me to be the person__ des and who 'h ,torego"ihginstrument as Grantor__ and acknowledged tome that had executed the same freely and voluntarily, for the uses poses there,inexp d. IN WI REOF.. I have hereunto set my hand and affixed my No~l Seal on ay and year in this Certificate first above written. Notary Public for the State of Montana Residing at Bozeman,HHontana My Commis sion Expire.- STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this ;'7 day of J:~P j~'N /-f'/'- , 196-S~. before me, the Rdersigned a Notary Public for the ~tate, of Montana ~ personally appeared IlJ A'R Y Nt' r( R {h(f and 1:: K J./ J} y. fJ /JR 1.)./ /)-'fi- , 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 imEREOF,l I have hereunto set my hand and affixed my Notarial Seal on the d~yapd year in this Certificate first above written. ,.., I'/~ _,,~;[..L~/ / ", :;,,- .',".- .' ~-'c. . ~ '~ .;.::.r-- Notary Public for the S ate of~ontana " Residing at Bo,zeman, Montana My Commission expires.X//It,n' i ;;,: /,9;.,,>'" ~ .... . /, " , ~ I I I " '. '. \ STATE OF MONTANA ) . 5S. . County of Gallatin ) On this 29 day of September, 1965, before me, a Notary Public in and for said State, personally appeared Neal F. Weaver and Herbert I. Thompson known to me,/to be the president and secretary, respectively; of the corporation that executed this instrument or the persons 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. f' .: ~ ! ~ 14, 1967. ! (~"':^ "' , '.l ,,. . _._~ tli~ ~.,...'-l~ """"' --- . '. , ';~ ...~.~.of Mont., County of GallatIn. 88. F:led for record Octol.;>erU) , f 965 "......at 10: 16 A. M.. and recorded in Book_ 22 /?f;" MISC. page '307 ' ~, CARL L. ,,.,....L. STUCKY Recorder. BY~~C1 /~ /(. ~d'/Le.Jt1e/7 DepuQ Rt: City of Bozeman ( "