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Home My WebLink About76- Walker Easement ~ . " , , FILM 32 PACE 1314 , . EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER THIS AGREEMENT, Made and entered into this 31st day of March A. D. 197~, by and between RONALD &. DELORES WALKER parties of the first part, hereinafter called the Grantors and THE CITY OF BOZEMAN, a municipal corporation of the State of Mo;tana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WIT N E SSE T H : WHEREAS, The Gran tor!- are the legal record title owner~ of property on South Church Avenue more particularly described below, and WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Monmna, proposes to construct and install a sanitary sewer and necessary appurtenances to serve various properties located within the easterly portion of the City of Bozeman and Qne or more such lines would run across the Grantors land; and WHEREAS, The Grantee desires to acquire from the Grantor!-, and the Grantor~ are willing to grant to the Grantee an easement and right of way 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 sanitary sewer and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particul- arly provided. NOW, THEREFORE, in consideration of the sum of $ and other considerations in hand paid by the City of Bozeman, the receipt where- of is hereby acknowledged, and in further consideration of the coven- ants and agreements 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 said Grantee and its successors and ~ssigns the following rights and privileges forever: 1. A perpetual easement and right of way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a sanitary sewe! thereto upon and across the above described property of the Grantor!--, said easement and right of way to consist of a strip of land thirty to forty feet in width being descfibed as: Beginning at a point which bears South 000 00' 57" East a distance of 192.75 feet from the North Quarter Corner of Section 18, Town- ship 2 Sout.h, Range 6 East, said beginning puint being the Northwest corner of the Walker Tract; thence East, along the North line of said tract a distance of 577.5 feet, to the Northeast corner of said Walker tract; thence South a distance of 30 feet to a point on the East side of said tract; thence West parallel to the North line of said tract a distance of 462.5 feet; thence South a distance of 10 feet; thence West parallel to the North line of said Walker tract, a distance of 115 feet, to the West line of said Walker tract; thence North 000 00' 57" West, along the west side of said tract, a distance of 40 feet to the point of beginning and containing 0.42 acres; together with a 30 foot construction easement which lies South and contiguous to the above described utility easement. -1- . ( . FILM 32 PACE 1315 " 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 wi 11 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 prevent 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, replccing. maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Gr8nf"orR pl:emi8es or crops. -2- . . . . FILM 32 PAGE 1316 IN WITNESS WH~REOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. ~~Ld' fU~46A- y f1L W~RA./ ,l i ~U4 STATE OF MONTANA ) : ss County of Gallatin) On this ~;RO day of /lJiM c I-! 197~, before me, a notary public in and for said State, personally appeared r:. "",Alj ,; D d 0/,' ~-- > [i./l//..<!:.. known t. me to be the person~ whose name..s A /{ /:- subscribed to the within instrument, and acknowledged to me that t J.I t..-- L( executed the same. ~ fo". r"' ~J YJ it/ -~ ,...l'. ~ i..... . " , NO~;p'ubliC for the State of Monana , ,- (~'~: ". . Re iding at Bozeman, Montana .' ~. --, My Commission Expires " . 'i~': . .:;~;",:; ~.:~.~,{~:", rWTAf/Y ~U!1UC for llie State of Montana , Resldmg at Bozeman, Montana ;J~tu,\ ' ~~~Il\'. My Commission expires December 11, 1977 -4- . ' .. . . . . FILM 32 FAGE 1317 THE CITY OF BOZEMAN ~,-yw, /y::;[.J' . ~ Mayor . AT1-EST :'0 ':.~ ~ ~C'''. ,.,:.;:...., ." " APPROVED: /,.,'""" ---"~-';?, /' ~,"-',-,'/ ,,' ';,"7 .' I ,,) '\ ' ,; ~ . (~~;>/.:,-~.~2'P'~-_>, 'L~?//~ City Attorney STATE OF MONTANA ) : ss , County of Gallatin) On this 31st day of March , 197~, before me, the undersigned a Notary public for the State of Monta na, personnally, appeared James W. Vollmer and Erna V. Harding 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 wri.tten. , i .. - .' ~ - , , . , "~ < ,.I~Jlti,~ . lie for the S ta te of Monta na , ding at Bozeman. Montana .. 250:1.9 Commission Expires _ ',. I', NOTARY PUBLIC for the State n\ Montana "'''','1, '!In"" State of Montana . Residing at Bozer,lim, M'JnLma , ' C ty f G II t. I SS. My' Commi%ion expires Dcc2~r,IJ()1 11, 19/7 oun g a a In f ' ' Filed April 15 ,19 76 at 10: 10 A. M., and Recorded in book_R-_~.__of MISCELLANEOUS Page-1Jl4 CARL . STUCKY B Fee $ -- Rt: City of Bozeman