HomeMy WebLinkAbout65- Thompson Easement
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"- -. . . STORM
, .
.. EASEMENT AND RIGHT-OF-WAY AGREEHENT FOR SEWER
THIS AGREEMENT, Made and entered into this , day of (J,-~- 1- or t- f' /'-
(')
A.D. 196~ by and between '-
Layton S. Thompson & Margaret E. Thompson. husband
and wife
part ies of the first part, hereinafter called the Grantor.,L, 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 s_ are the legal record title ownerE- of portions
of the tract of land designated as Tract 3, Assessors Plat~ being 180 X 180' in
the N~ NW~, Section 18, T2S, R6E and recorded in Book 90 of Deeds at
._.
page 13, records of the County Clerk and Recorder of Gallatin County,
Montana
and
WHEREAS, the Grantee~ in the exercise of its power and authority as a munici-
pality of the State of Montana~ proposes to construct and install storm sewer
would run across the Grantor land; and
WHEREAS, the Grantee desires to acquire from the GrantorLl and the GrantorL
are willing to grant to the Grantee an easement and right-of-way across the above
described property of the GrantorL, andthek.... heirs, executors,administrators,
successors and assigns, for the purpose of installing, operating, using, repairing,
replacing, maintaining~ and removing said ~9rm sewer and for
such other rights of access and incidental rights as are hereinafter described,
all as hereinafter more particularly provided.
&'0-
NOW, THEREOFRE, in consideration of the- sum of $ 1- in hand paid by the
City of Bozeman, the receiptvihereof is hereby acknowledged~ and in further con-
sideration of the covenants and agreements between the parties hereto, the Grantor~
have granted, bargained, sold, conveyed, and confirmed, and by these pre-
sents ~ hereby grant, bargain, sell, convey, and confirm unto the said Grantee
and its successors and assigns the following rights and privileges forever:
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300k 22 PAGE303
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1. A perpetual easement and right-of-way for the purpose of installing, oper-
ating, using, repairing, replacing>> maintaining ,and removing a storm sewer
. thereto upon and across the above described property
of the Grantor~ said easement and right-of-way to consjst of a strip of land
twenty (20) feet in width lying and being j;.ract of land desiR:nated as Tr. 3
Assessors Plat, being 180' X 180' tract in the N~ NWt Section 18, T2S, R6E and
recorded in Book 90 of Deeds at oage 1'3, records of the r.otlnty r.lerk and R~cor.er
of Gallatin County, Montana, more particularly described as follows to wit:
An easement twenty (20) feet wide, ten (10) feet each side of the following
described centerline. Beginning at a point on the easterly line of said Tract,
41 feet northerly from the southeasterly corner of said tract; being also the
northeasterly corner of lot 14 of Block 2, Spring dell Addition to Bozeman,
Montana; thence South 470 22' W~st a distance of 50 feet more or less to a point
of intersection with the end of pipe of the present storm drain already installed
lying approximately 10 feet northerly and 34 feet westerly of the aforementioned
southeasterly corner of said Tract 3.
2" The perpetual right of ingre s 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 . storm sewer -
and for the removing of SBme if and when Qesi~ the Grantee, its successors
and assigns;
TO HAVE AND TO HOLD the above described right-of~way with all the appurten-
ances and privileges unto the said Grantee and to its successors and assigns
forever 0
The Grantee hereby covenants and agrees '.'Iith the GrantorL as follows:
1.. That, in connection with the installing, opernting, using, repairing,
replacing6 maintaining and rillRoving of said _~rm sewer
it will replace6 at its 501e expense6 all exist.ing fences, ditches and other
appurtenances of said land that may be disturbed by its operation in a cond-
ition 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 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 large rocks or sur'plus 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 end remaining after backfilling is
completed, and will leave thl;l finished surface in substantially the same
condition that existed prior to the beginni.ng of operations except that the
surface of backfilled ar~ may be mounded suffict~ntly to prevent the
formation of depressions after final settlement has taken place.
3. T6 install said storm sewer line at such a reasonable
depth belm'i the surface of the earth as will permit normal cultivation of
the ground"
4" To operate6 use and maintain ~aid , storm 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 grantedQ
5.
it ____...._______"-......__a:a_~<:D1~a:II:>.:a:.J:3<>.c::.::.....""""''"''''''<::lE.l=.............:.'><lU.......,'"''''_'~_.:.'''''~__~~........_~...,,......__La_...._)_______________
, ~ . ~nUK ic, PAGf305
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6" In the event that it should become necessary for the Grantee to re-
enter the Grantor2 premises for the purpose of repairing, replacing, main-
taining or removing storm sewer line, the Grantee will
reimburse the Grantor,J, for any actual damage done to the Grantor~ premises
or crops"
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The Grantor ~ hereby covenant~_. and agree!L., with the Grantee as follows:
1. That at no time will ~!:-!!~ build, construct, erect or maintain any
permanent struc\:,ure over or above the said storm sewer
~_"~____~. unless such structure is built, constructed and
maintained in such a manner that it would not interfere with the operation,
use, repair, maintenance ,9 replacement and removal of said storm sewer
"
2. That the Grantee may peacably hold and enjoy the rights and privileges
herein granted without an;ii interruption by the Grantor....a. or t.h~;r
successors and assigns"
3. That ~he GrantRr~:ce , lawfully seized of said premises; that
they have good right and lawful authority to sell the same and
that they and their__ he1r59 executorsj administrators, successors and
assigns, shall warrant and defend t.he 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 cmd between the parties hereto that this
Agreement shall be binding upon the heir~3~ executors ~ administrators, successors
and assigns of the Grantor~, and upon the 8uccessorsand assigns of the Grantee..
IN WITNESS WHEREOF 9 t,he Grantor,~, .~Y!t- hereunto set their hand...:L and
seal-2. and the Grantee~, The City of Bozeman1 has hereunto set its hand, by its
Mayor and its Clerk of the City Comm.i..ssion, each thereunto duly authorized, an,d
has caused its corporate :.::eal to be affixed, all on this j.// day of ,r',-;;:;"
J 1964:
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THE CI~ OF BOZEMAN
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,11u.. 1../ 1l, l/Lll / t (..,d''''-r '7H t-
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Mayor
ATTEST~
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v~'" :..- .. L.t-....~ I~. ,"'/ 11 [j:.(L.(. ( ;.~
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Clerk of. the City Conm~sion
APPROVED:
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City Attorney
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STATE OF MONTANA )
~ ss
COUNTY OF GALLATIN )
On this If day of _0 c t d [--f'r , 1 ~W--- before me, the tmdersigned a
Notary PUblic for the State of Montana, personally appeared 1- ~~ \/ I'd ,', .s,
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known t me to be the person-1 described in and who signed the foregoing instrument
as GrantorL and acknowledged to me that I'll f f had executed the same freely
and voluntarily,., for the uses and purposes therein expressed.
IN W:r;TNESS WHEREOF,., I have hereunto set my hand and affixed my Notarial Seal
onth~"day and year in this Certificate first above written.
;...<; - ...
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,. ,.b'--r-r--t!/ ,/I' d ',"-- d t,y/
\ ' .'. ,- ,..- ,.,.. ,.
" Notary Public for the St e of Montana
.
.. ~ ' . Residing at Bozeman, Montana
., My Commis sion Expires - \T:I' ./ ( , dA / ,; 0 /'167
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STATE' i OF" MONTANA )
g ss
COUNTY OF GALLATIN )
On this ~ day of /J" Ie' t-, p /- fJ 196E before me, the
undersigned a Notary Public for the State of Montana, personally appeared
R < )fj},R R If 11 c f( /-? t1 wand E to? A/Ii 1/, If III-? D/ # 6- , known to me to be the
Mayor and Clerk of t.he City Conunission 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 ~mEREOF fJ I have hereunto set my hand and affixed my Notarial Seal
on the day and year in this Certificate first above writteno
" /~ "
II" .-_ -TL-e~
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-, , Notary Public for the Sate of Montana
Residing at Bozeman, Montana
, . My Commission expires.Ja",,?/{//, v .?i1 /.9'~
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PL.AT1ED ."
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State of Mont., County of Gallatin. 58, FileCl for record October 11 , '1965
at 10: )4 A. M.. and recorded ;n BOO~Of. MIse. page )02
CARL L. STUCKY Recorder. By --_/ ~Lt.~c:;t? ~P--<'-x~ DeputY.
Rt: City of Bozeman