Loading...
HomeMy WebLinkAbout62- Vaughan Easement <. . . . / . . t f- ' ' , . . . I . . .. flU f BUOK c::U tiAi.iE _ . , . Refer to Subsequen t easement cia ted 2/27/63, reoDrder j.n 300k 20, l,.isc. :L)8. ~e .:.'. (') . r::t:.: [:..- 00LJ EASEMENT AND RIGHT...OF-WM J.~GREEMENT FOR SJJHTJ1RY SEivER LINE THIS .~,GREEM~1T, Made and entered into this 2.E day of t:.:::b<JbkY, A. D. 1962, by and between David P. Vau~han and Joseohine w. Vau~han of Bozeman. Montana as joint tenants. part..!.!! of the first part, hereinafter' called i;bp. G:'l1n':'or .A_' and THE CITY OF BOZEW.N, a municipal corporation of th3 StR.tP. ~~f li.onJ~Ft!le 1 in Gallatin County, the party of the seoond part, hereinaft:J1' ca:"l'.;d th~ G::,a::~::;ee., WITNESSETH. WHEREAS, The Grantor~ are the legal re~ord ti~le ownerJr_ of portions ot the Blocks 7, 8. 13 & 18 "" Granite Addition to the Citv of Bozeman. M ntana -""""<:I" -- J and WHEREAS, the Grantee, in the exeroise of its power and authority as a JIlunicipality of the State of Montana, propotes to CO~l3'\;ruct and install a sanitary sewer line from the existing system ~t East Tamarack Street and North Rouse avenue. in the City of Bozeman in an easterly and southerly direction . no ._.._.._ to a point on Highland BOulevard opposite Hillorest Homes, a portion of whioh proposed sanitary sewer line would run across the Grantor-A- land; and VffiEREAS. the Grantee desires to acquire from the GrantorA-' and the Grantors are willing to grant to the Grantee an easement and right...of..way - across the above described property of the Grantor,L,' and the ir heirs. exeoutor., administrators, suocessors and assigns. for the purpose of install.. ing, operating, using, repairing, replacing. maintaining. and removing said sanitary sewer line, and for such other rights of access and incidental rigbts as are hereinafter desoribed, all as hereinafter more particularly f-rovided. NOll, THEREFORE, in oonsideration of the sun of $ ....:rO.~ in hand paid by the City of Bozeman, the receipt whereof is hereby acknowle ged, and in further consideration of the covenants and tlgreementa between the parties hereto, the Grantors have granted. bargained, sold, conveyed, and confirmed, and by these presents do hereby grant. bargain. sell. convey. and confirm unto the ..aid Grantee and its successor. and assigns the following rights and privileges roreverJ with no further monetary claim being issued against said grantee other than through Paragraph 1. Page 2 of this easement: 1. A perpetual easement and rl&ht?ot...way for the purpose of installing. operat1n&. using, repairing, replacinG, maintaining and removing a sanitary sewer -1- . " II' ~ BfJUH ~U PAGE 4. uj . , , " . . H;:"e ani appurtenance. thereto UpO!l and 80rOll the above de'oribed property ot the Grantor -L.-' said easement and right-ot-way to condst of a strip of land J,'1_:Lrty (30) feet in width lying and being fifteen (15) feet on each side of the ~ollowing described center linea Beginnint at a point on the Southerly Right ot Way of U. S. Highway NO. 10, said point being 690.86 feet at a bearing of North 67019 'W fl"'o~ the easterly line of the above mentioned property, thence from said point of beginn~ng and at a bearing of S 25005'E a distance of 907 feet; thence at a bear iog of S 26 l5'W a distance of 110 feet, more or les8 to a point on the 80utbrly line of said tract. 2. The perpetual right of ingress an<< er;ress to and frem said tract .t land at all reasonable times for the purpose of installinr;, operstine.. using repairing. replacing ~nd maintaining said Banitary sewer line and appurtenances thereto and for the removing of some if and when desired by the Grantee.. its successors and assignsl TO HP~VE ft~D TO HOLD the above described right-of-way with all the appur- tenances and privileges unto the said Grantee and to its successqrs and aS8ign. forever. The Grantee hereb,y oovenants and agrees with the Grantor~ as followsa 1. That in oonnection with the installing.. operating.. usint.. repair- ing. replacint.. maintaining and removing of said sRnitery sewer line it will replace.. at its 801e expense. all existing fences, ditches and other appurtenances of said land that may be disturbed 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 same 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 eny large st.nes 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 surfaoe in substantially the same condition that existed prior to the beginning of oFerations.. except that the surface of backfilled areas may be mounded suffi- ciently to prevent the tomnat1on"of dep"ss10ns~dter final 'settle- ment has taken place. 3. To install said sanitary sewer line at such a reasonable depth below the surfaoe of the earth as will ~ermit normal cultivation of the ground. 4. To operate.. use and maintain said sanitary sewer line in such a manner aa will not hinder or prevent the proper cultiv~tion of the tract through which this right-of-way is hereby granted~ it being under- stood that the Grantor shall be reimbursed in full by the Grantee for any actual damage dOne to the orops or the premises by virtue of the Grantee's entry thereon. '!he Grantor.!..- hereby oovenant_ and agree_ with ~he Grantee as follows J 1. !hat at no time will they build. construct, erect or maintain any peT'!,lancnt structure over or above the said ~''3_~1:;.La-,~y ~e"N"'r line unless 3uch structure is built. constructed en~ n,:~c~i~e~ in ~u~h a manner that it would not interf~re with the ~per~ti~n. use, repair, ma1ntewuwe. replacement and removal of said 8'ln:it.:try sewer line. This section does not prohibit the reloca.tion of such line or the reconstruction thereof with approved material a.t the expense of the Grantor. said revision to be done with supervision by the Grantee. .2- "\ . - . '), . >' .,' ,.", ;11 I PU)" . nUUI\ >_ d ['fluE "i. ~Jl .' , . , " 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted witjout any interruption by the Grantor I or :h..e~ r>uccessora and &saiens. - 3. T~,:t t:ey are lawfully sehed of said premises; 'that they have po.", :dght and lawful author1ty tn s,,11 the same and that tEer- und their h~irB~ exeoutor8~ administrators, successors and til.E:iilir;Y.lI3, t>hall warrant and defend the title to said premises unto said Grantee~ and its successors and a.signs forever, a,ainet the lawful claim. and dell&nd of all per.on. whomsoever. It is under~tood .nd agreed by .nd between the parties hereto th.t this ll!;reement sM_ll be lU.iu1.1n't upon the' heirs, exeoutors, 'll.d:-:-.1nlstrators, suooe.. 50rs and auip1s of the Grantor 8 and upon the suocessor. and .881gn. of the Grantee. --- IN YHTNESS WHf.R1-;OF'. -the Grantor 8 have hereunto set their hand 8 and scals and the Grantee~ The City orB.zeman. has hereunto set it. han7; by i~s Mayor and ita Clerk of the City Commie.ion, eaoh thereunt. duly authorized, C1. baa cauaed. 1 t. corporate ..01 to be a ffixei, all on th1a ?/.> 1" day of &r;?/18r , 1962. 1:/ THE CITY OF BOZEM".AN ...:~'" "'J /' ,,', ,,", "" , , ,~,~d! /}J /,J,-~ . "re . udaher Mayor n; _ /, :.. ;..-"> ~',., ... J,ttESTI"~~(f aJ~~4'AA' /' :C'.'K~" 3. . . 'Ci~,~if'cif' 'the City Commieaion ," "':. .'", .l.PPROVEDa ,,' ,.....-, ~;;( E'~ ,z ..' ? ~ ' . re. r. /' City Atto.., S TJI- TE OF MONTANA ) a .. County ot Gallatin . ) on thl. t;3" .1 ot OCft,fr ~r. 1962, Mtore -. the underetped .. Notary PubU,o or t:be Stat. of Montana , persClDally ap:,t!ared David 1'. _ O'lr.l to lJ:e ., e e perlon s in p.nd '\tin., g;.~.c..:>ti .....d.e i'c:-t;C"ir.., i:lr\'truman~" ac Grantor..!.- ani"'"iOknMfledged to 11e "';1:13. t ....:t1\Iy.. ._._ hl\d eJ:'!I:':.ted the same freely and voluntarily, tel' the u.es and pu::pO';;f'S ".~~,r" ~n ..:ncp"es3ec.. IIi WITNESS ~REOF, I h.... h....unto let ., hand and affixed JJt'f Notarial .a- '1 ~ . . .' . ' " . BuOi, LU i~;i~;;f 4u'l .. " Seal on the day and year in this Certificate firat above written. ~a/"". - - r' -_" ..(LfV '. . - ,~ ~~. . J'f,....',.\ No ary c or e 118' of' H dO r-A'//4:.' Residing at 8"""4.-e_",:1'...;r , 11-d",,-f-j;>'4;~,."" M;y Comm!ls1on expires ;Jc,n "' a r-;'I ? ~ /9t> 7' STATE OF ~K>NT.ANA ) : 18 County of Gallatin ) On this ~~~day of ~~ ' 1962. before me, the undersigned, a Notary Public or the State of on ana, personally appeared Fred M. Staudaher and C. K. Wilson, known to me to be the Mayor and Clerk of the City Commission respectively. of the City of B.zeman, whose name is 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 d~ and year in this Certificate first above written. 1/ "..,/'// ;, ,/ ,/' Dotary'~J:f:;~;t~=~o;-:-:~ Residing at ~--?7"L-___..e-~J~-'71---L >>1 Commission exp1 as 077 ;:.?-t'..., /f?i0--'' ~ i., '7J:- ~>"\ ':;'l':~:~'''2: . '. :'i~/\r~~:~r;,,:.) f':c:',i:..~:ns Z',,;: L:.-)1:~~n-l;;i;.J, 1\'1i,i;:'1'L;::in.J \;'/ Con,O-;li:;:"IC'!l bj'ile" IV]]\! 26, 1965 R '"-. -----M-'OT.~T'" , }:,:- -'~:)-"-;'~--"3,, 43160 '-"1 ' ' I t_ iJ ' -<l- oil .' .~.; ~ J L~ ", <~,,,,,"."""L,:..,,,.......... "~ " St--+" '"If "~".. ~ ,...,,,... .'-, .'"' "'," ,'-'.. ' r--' ,. - ' No vem her 1 at"-'-'"'' ""i2: 51" p~ ""-, "-;," ",:. ",', : ';,;.., , -;:~~---'-- , ---~--, -'002 , ., ..., .",.",<~'. ..1". - ~Q:., r'nsc ellaneous,-,.,..,.. ~.04 EAHL I/JALTDN &... .., .~ . . "', ~~_ "..".r-.....r......-':...... ., I " -.---------- __~F:;.",_'(.;.'_"'l. C::, -4 ....7, ~L___,.,.. ~.)'