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Home My WebLink About62- Thompson Easement ~ i , SUOK c.:U .)!iUt 4u8 . - '. I JE}",SEl'm:NT AND RIGHT-OF-l/YAY JGREID!iEThTT FOR SJ..I nJ',RY SmiER LINE THIS ..?GREEllENT, Made and entered into this 'H.9 de:" of O'cfo/;- f'/-, A. D. 1962, by and between ThomDson Helford R~~cbes~nc. . . - party of the first part, hereinafter called the Grantor_, and THE CITY OF nOZE}~~, a municipal corporation of the State of ~~ntana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WITNESSETH, rmEREAS, The Grantor _ 11 the lege! record title owner_of r:-ortiona of the Southwest Quarter of Section 18. T2S. R6E. J and WHEREAS, the Grantee, in the exeroise of its f;ower and authority as a municipality of the State of Montana, proposes to construct and in8tall a sanitary sewer line from the existing system at East Main Street and Rouse Avenue, in the City of Bozeman to the southerly line of ;iiestridse Sub-division, in the City of Bozeman, a portion of which proposed sanitary sewer line would run across the Grantors land; and VlliEREAS, the Grantee desires to acquire from the Grantor~, and the Grantor__ i8 willing to grant to the Grantee as easement and right-of-way across the above described property of the Grantor___, and its heirs, executors, administrators, successors and assigns, for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing said sanitary sewer line, and for suoh ather rights of aocess end incidental rights as are hereinafter described, all as hereinafter more perticularly provided~ Nmv. THER .FORB, in oonaideretion of the sum of :iP _______ l. <'::l G , in hand paid by the City of Bozeman, the reoeipt whereof is hereby acknowl~d, and in further oonsideration of the oovenants and agreements bet'J,een the parties. hereto, the Grantor_.__ baa granted, bargained, sold, o onveyed , and cc~firmed, and by these presents doeft hereby grant. bargain, sell, convey, end confirm unto the said Grantee and its sucoessors and assigns the following rights and privileges forevera 1. A perpetual easement and right-ot-way for the purpose of installing, operating, using, repairing, reFlacing, maintaining and removing a sanitary sewer -1- . ~ J 4\ 'I~J , \ -, 8UOK ,,;,""t:: "f , C- ',- ('iiLlc.. .', t J.ine ani appurtenance. thereto UpOB and aore.. the above described proper~ ot the Grantor , said eaaement and right-ot-way to consist of a strip of land "~hirty (30) teet in width lying and bel~ fifteen (16) feet on each .ide ot the following described oenter line, Beginning at a point on the North line of the Southwest Quarter of Seotion 18, T2S, R6E, M.P.H., said point being on the oenterline of South Blaok Avenue as platted and of record in Universlt~ Sub- division, thence from said point of beginning and at a vearing of S 14 24'30" East a distanoe of 289.90 feetJ thence West a distanoe of 634.06 feet; thence at a bearing of S 0035'30" E a distanoe of 970 feet, more or less, to a point on the north line of Spring Creek Road, sometimes known as Kagy Lane. 2. The perpetual rl&bt .f ingress an. e,res8 to and from .aid traot .t land at .11 rea.onable times for the purpose of installing, operating, using repairing, replaoing and maintaining said sanitar,r sewer line and appurtenanoe. thereto and fQr the removing of S$me if and when desired by the Grantee.. ita successors and assigns, TO a~VE AND TO HOLD the above described right-or-way with all the appur- tenances and privileges unto the said Grantee and to its suooes8Qrs and assign, forever. The Grantee hereby oovenants and agree8 with the Grantor &8 follows. - 1. That in Connection with the installing, operating, using, repair- ing.. replacing, maintaining and removing of said sRnitery sewer line it will replaoe, at its sole expense.. all existing fences, ditohes and other appurtenances of said land th~t may be dit~u~beG by its opera- tion in a condition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible, and in the event that the sa~e cannot be 80 replaced the Grantee will pay to the Grantor the reasonable value of the damage done by it to the same. - 2. That during operations involving excavation, it will remove fram the site any large stones or any kind of debris that may have been exposed by the excavation and remaining after backfilling is co~ pleted; and shall leave the finished surface in substantially the seme condition thet existed prior to the beginning of oFerations, except that the surface of backfilled areas may be mounded suffi. c iently to prevent the- t017JllE1tion 'of depJJ:essiOns "':,fter final' aettle- ment has taken place. S. To install said 8anita~ sewer line at 8uoh a reasonable depth below the surface of the earth as will ~ermit nor.mal cultivation of the ground. 4. To operate.. use and maintain said sanita~ sewer line in suoh a manner a8 will not hinder or prevent the proper oultivation of the traot through whioh this right-or-way is hereby granted~ it being under- stood that the Grantor shall be reimbursed in full by the Grantee for any aotual d.amage dOne to the crops or the premises by virtue of the Grantee's entr,y thereon. the Grantor hereby covenant III and ar;re. 8 with the G:rantee as follows J - -- 1. '!ha tat no time will they build. construot, ereot or maintain any perr,lancnt structure over or above the said f':::'.1.~t,a ,-y Reyp-r line unless 3uch structure 18 built, construoted e.n:: I!1<;:r..c"L1ec. in 1'3\l:\h a manner that it would not 1nterf~re with the oper~ticn. use~ ~~pair, maintemaue, replacement and removal of said sanitary sewer line. -2- ,). ",. /. "j , , ,;' . \ . l)tJUi\ I' I ',J':,',,'f''', l' ,) . - . . '...." I/V]' ~. ( 20 That the Grantee may peaceably hold and enjoy th~ rights and ;.):;"b':lece;,; herein grant.ed wi",;lJO'lt any intern\Fi;icn by t:le Grantor 1)1" ..J.!!L,~ ::;uccessors and assigns. - 3. ,!'.-::.t it i. lawfully seized of said premises; that it has ~o~ .'J.ght and lawful author2~y to s~ll the same ~nd that .-ii- lAnd its h~L.sj exe~'u-c0rs. arln:.i:i.1istrators~ ~t;CC(;S:3ors and i:S$~f'>-:.G ;- u!-laL warrant; and defer,d the ti':;le to said premJ.seB unto Ele.:i..d Grant(le~ and its successors an6 assicns fore'.rer~ a!jainst the lawful cla~m and demand 0: all persons whcmsoever. It is under~tood and agreed by and between the parties hereto thet this lI~reer!;ent shnL. be bindin't upon the'heirs, exeoutors,. 'nd:,.1niEtrato!"s, suoces... r~rs and assigns of the Grantor and upon the sucoessors and assigns of the Gran-~ee. - IN y.JIn~ESS WH'!7;RT;OF', the Grantor _ hu hereunto set -ita_ hand_ and 3cal and the Grantee, The City of Bozeman, has hereunto set its hand, by i'~s )'Jb.yor and its Clerk of the City Commission~ eaoh thereunto d~ly authorized. e~ has ~used its oorporate seal to be affixed, all on this J11'~~day of ~d~LJ ~/ , 1962. "'I~~vPQOIT ~"-'R'4' ("WI]: ) \'~'CtT -'3 T'C 1. ~.U.i,~,'__ J.,) \. : .1JI_~{~ .'_jl.') ],..1'4..., ,n.~J , _J".' . '. .i '," /J~ '}" ~ ,,';,/) .",,_ Pres ldent '~~",'r:,~(,~J" \. ,.; './ I (. ] n '~, ,,: .A~~",~ . ,,,,., // " / ,-' ;;;7;"'"' ,'",/ __ Secret.ryr;: ,)';.-/;"r/ Go' ~.....<'(/ - "- THE CITY OF BOZEMAN ~._. - By ~a:;. M~c F . audaller - Mayor ~ A'l'l'EST. ( Q;.:, . ~~ L.t ~// C. . 1~ son Clerk of the City Commission APPROVED, ~:. /~1/;'l. B lty At::~;y , '/ S TJI'1'8 OF MONTANA ) I 81$ COl)nty of Gallatin , ) On 'this r~1. d.ay of Oc r; , 1962, before me6 t.he unrlersi,ned a No~;a~. P,lbHo for the State of Montana ~. pers"rJi-\~,l:, Elp:ea::-e1 __ -!!!~~~'Q8on and Herbert I Thompson. Pre.vident aIlILSeoret;'An...I.UJ?J,Q.tivlIly lC~llv.":"l t"l rr''': t."l he the person. describel:. iJ.: .".~ld "'[)' l'i~::/:.'J .'~1.it ;.:r-t,Z''J.l!'g i_1ritT'UP.1?h~~, ae Gr'intor _ and acknowledg~cl. ';0 ne ";):3 -!; _t,!1~ '.'.. ;.,P,[', fc'YH.~ I:;ed the fl--<.JI'Ie fr03cl.l (l..~ld v01untarily_ for the uses and. p.:;'o,C's '.'.,.:-s.n ;';xr:"":!::. ,e:".. IN WITNESS vmBRlOOF ~ I ha~e hereunto set ~ hend e.nJ. a.;"fixed my Notarial .:5- - .. ,.... ... , ~, ~ . 8(JO~ t::U i/~i1E 411 Seal on the day and year in this Certifioate first above written. , ~~~ " &,- J (, .', \ - " , "' " \ ' , -' . ,'" " " -' :' Bo~ c r the Sta e of ' " . . ResidiDc at My Comm1.s1on ex rea C/"-' T ""'" / 9~'" STATE OF MONTANA ) : .s County of Gallatin ) On this ({,;1'':h day or ~'" ' 1962, before me, the underdgned, a Notary Public or eState 0 ontana, personally appeared Fred M. St&udaher and C. K. Wilson. known to me t. be the Mayor and Clerk of the City CODllliadon respectively, of the City of Boze.-n, whose name 1s subsoribed to the within instrument and aoknowledged to me that they executed the same for end on behalf of said C1 ty. IN WItNESS WHEREOF, I have hereunto set Il\Y hand and affixed ay Notarial Seal on the d~ and year in this Certificate first above written. ,'} ,./ "', ' ~/~ ' , ' ':::.2 /'" 'l~~ -<"~--7--z/ :kotary ~ tor e aa te of flonta.na R..idin, at __ Co.a1..1oa expire. ~,;)IA~Y Pl';;! Ie fN thr; Stat') of M'Jntana - , _ r~(','iL:j:;,? at ~oz:,rnan, M(J~lt?lla ,_ · rviv (.ornrnI S:>I(Hl LXfJlrr~s May 26, lY65 IN D ':'~-!.)'''.-:'/' F::C:Yi:i:CD~ -'--\ 431- 6:1 -f.- 1':':.', " IJov(;!!:1ber 1 , , . , :382 .. 12: 52 P. 20 IUscel1aneous _ _ I+O~t E c\ RL ",r ,: I 'I' (')H () /J -; 'J..vJ -- ..J_.~ IVlt-, \.l~ ~ -i, /Ff~ _::"'~r-'lt;/