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HomeMy WebLinkAbout80- Westland Enterprises and Egbert Easement Rt: City of Bozeman r;'~'~~~;'~~:;'V/\ ~ ti.AT; t""'.':)/ i > ,..._-","", 60 PAG~ 792 ) ,- 8J(;aii rtU~ . Statfl of f!;'tad., County 01 :. t '.: ~ . "~ ~,~.,.: ' . .____ Janu.a.t'-Y 5___ __ _____, 1981 ... . ~ II ;._ ~ at 9: 55 A M., and recordc~ i.l :.:::.::': ~__~9_,'..~_ ----.l1IS.C~LL.ARE;_Q~-pc.ge.-]92 Lu:iIf< 0:. BUdq", Recorder. By IZ::iA.:J,h~. ~ Jl'teo..". EASEMENT AND RIGHT OF WAY AGREEMEN FOR CONSTRUCTION EASEMENT THIS AGREEMENT, Made and entered into this __~ day of Ve_c.embeJt, 1980 A. D. 197 , by and between WESTLAND ENTERPRISES, - INC. & EVERETT W. EGBERT parues_ of the first part, hereinafter called the Grantors 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~ are the legal record title owner of SW~. Section 31, TIS. R6E. Principal Meridian Montana, Gallatin County, Montana. more particularly described below, and WHEREAS. The Grantee. in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a sanitary sewer and necessary appurtenances to serve various properties located within the Northeast portion of the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS. The Grantee desires to acquire from the Granto~_. and the Grantors are willing to grant to the Grantee an easement and right of waY-across the above described property of the Grantor s , and theirheirs. executors, administrators. successor-s 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 particularly pro- vided. NOW. THEREFORE, in consideration of the sum of $ and other considerations in hand ~id by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the Grantor s have ~ranted. bargained, sold. conveyed, and confirmed and by these presents o hereby grant, bargain, sell, convey. and confirm unto the said Grantee and its successors and assigns the follow- ing 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 sewer thereto upon and across the above described property of the Grantor s ,said easement and right of way to consist of a strip of land fifteen (15) feet in width being more particularly described as follows: A tract uf land in the Southwest ~, Section 31. Township 1 South, Range 6 East, M.P.M., Gallatin County, Montana. The temporary construction easement is more particularly described as a I5-foot temporary easement on either side of a 30-foot permanent easement Gr"-rtered on the property line between tracts 5b and 6a of the amended plat of the Bozeman Indus- trial Park. This 15-foot easement extends 15 feet north of and parallel to that portion of the permanent easement on the south boundary of said lot 5b. . , .' fILM 60 PAGE 793 2. The perpetual right of ingress and egress to snd 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 foll,.,ws; 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 appur- tenances 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 will 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 substan- tially the same condition that existed prior to the beginning of operations except that the surface of backfilled 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 Auch 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 shodd become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. -2- > '. 5. 11l~ GO rAGE 794 The Grantor_ hereby Clwenants and agrees wi th the Grantee as follow,; : l. Tha tat no time will they build, construct, erect or ~1int3in any pennanent structure over or above the said sani tary~ sewer unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainencc, replacement and removal of said sanitary sewer . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor2-. or their successnrs and assigns. 3. That they have been lawfully seized of said premises; tha t they have good right and lawful authority to sell the Sf1rn(~ and that they and their heirs, executors, administratnrs, successors and assigns, shall warrant and defend the t.itle to said premises unto sai.d Grantee, and itA successors an(! assigns f0rever, against the lawful claim Rnd d0mJnd of all persons whomsoever. It is understood and agreed by and between the parties hereto th,1 t this Agreement s ha 11 he binding upon the heirs, executors, adnd 111 s tr-n tor~" successor and assigns of the Grantors and upon the successors a :-lIJ assigns of the Grantee. -3- I ~ " \ . . T-1 U4 60 rAGE 79.5 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. ( -?A",<7 t:iUT61-;?~'JC::..J /ki<- \.\j :> I ..' \:; " o u:JtJ,ll u!;LO; 0 ~ " . G='~4 ~/;:P STATE OF MONTANA ) : ss County of Gallatin) On this ;;I.{, r!>- day of S..." f 19'il~. before me a n~ public ~ and for said State, personally appeared _~ ~ ~&~ known t. me to be the pe son4- whose name ...4,../ ~ tI subscribed to the wi thin instrument, and ackno\o11edged to me that ~_ executed the same. ~~~------ Notary Public for he State of MontEna Residing at Bozeman, Montana ". ' ~: II f ~ " j t" Ny Commission Expires . .' "\ GO",,"',; . ',"',~~:~,~....., ~ ~~ .~~--..,~~._~-~ '.-'.: ..---' ;"p-' i~"~' \.. ,1:,.)01 ...,'..d '". :.:;~'~:: "...H':'';:~'''',; ~:;~i~;~\ ... . 'c.,( ..~ '; ... " .\ .. .. ";'" .. I -- i '. ,..' E~ 1}.' :, E 'l.~.. : . : h" <Ij ~, : ~ , '''... ~~~ " .- # ~ "-: . " w ,. ._ _ ,'" 1\ €';"'~.t~~:t-fj i' '~""f ~re 'OF~<I-\'" . 'f. '. . ", , '111"IUI'U~," -4- . , , . '. . &, .... . . , f llM 60 PAGE 796 TilE CITY OF COZEMAN J (' '\ I '. , , By: j /~-:::--<t'Vl t;:;-j>l-L_-. MllY:Jr ATTEST: ~-~""~ ;.? . .yr' // , E~i~~~~]U\~) NG ~d~.._..._, Cle;k of the City COlTlmission , ~j~~':~ . \.. A' u .,.",..r...t. ~.. . t r r 1.........1iI/. , . ,.. ~ 'j~"":'" . .~ '/t:(' .' r .-...-,': ',. iff', V. . .... . A!. . ",. .,;..;, \ l::......~ ,c.:" \~',/ - .. ,.... . .. ',,- ~I(- , . . ,'.' " . . ":l.\)f~~1 ~ . .... (,'.j.e.."~'~ -1f.'.. '. ...L.~~_. .- I II'~:',~~~ .~ .' .~~ ' .. :.,.~ \ --- ;...... ""'.. (( . .. . -.'1.. '8t- .. t...~~,() \ "':"...."V. .' :..~'f; "'.~ '" ~:V;/'- "'j~,. lloA' CQ..1/l0 "r" -,',e.it;ft or' }-l()\'Ti\NA ) : PS Count v of Call1ltln) Or. !:hjs _LQ..__ nay of _pecerrJ.beJt _, 197'?'.Q, IH,ff'':''c [:te, thi' unc!celsigncd d NJtary PuhlIc for the' Stflte of Honta ria, personrlld.ly, a p p en red ._..12@{:;.(lJL._$..:......Mqgt{0:.tL._~.J:!1J1~JI~.JjE!!:.4.~.._...___.._......._ known to me to be the Mayor and Clerk of the City Commission respectively, of the City (',f BozemAn, whose names Rre subscribed to the within in(;tfu;TI;'l1t ilnd acknc)';,lf.'d~ed to me. that tlv~.y \ xe(:llt.',\ t.he SMTl'~ '~or and on b('h<11. f (If said City. IN \..JlTNFSS WHEREOF, 1 hl1ve her0unto :let frY 11a:1d nnd H fLi:{c<, lTl'i Ne,trorl!J.l s\~Lll on tlw day and year in ddEl CelUf'i(>H,,-' fintt above \,'1' it: tCi1, " ,,~r}..~",,~ ~'\ ~\\A . q/t /;"';'~' . {'." ". ....~~ .'--' f ./.,tJTARI.4t'\ \ ~J/1, /vH-a"li1~Lt::l:~~_...___._.____...._._._ : : ~..".' '.,' : = N0,ta:tY'i1yb[ blie. for.the, ;Jtflt.e of~I'.)ld:.anll . I 1""1 ~ "'.. I '; I...... L . I .; ~ IL'siding. at Bozet:lIln, 1'hnL'lna po. "'"J..,4 II' .... .,1 I \ "'.....'... .... I ;.1y C.)l1l!nissi(H'1 b:;1:lH'S 1avt. 6. 1981 ~.. .". .... It- ~ .___,L._____._._ '. ~. ............. ..'" ,.:' .~,. ....c r " " 'MO~"~ ...~~... . ...Ito'"'' ,,_a> . . ,., ".- "I. . ' \f::i,1ii.' I . ' I FILM 60 r4GE 797 " . . ~ ~ -, " . "~ H ,I ~ ). . I . -....-.- , (I.' '" I -----..-- -..--- I ;1 : ~ ~ f.:~ ',~ I ./\ ,____n l___ _._.u._____... I',': -. , I "-. f ~ '. .,,,.~... ......m ~..,,.~_._,,,....,,. j I i /. ~ r ' ~ i.', I ~,'; '" -; \.It.', I .... ..-. ,-- 0 . ""-' ~.~ , '.' .c_j I < i ~ i I r r:" oc,: 1 .. , I I ~ ! ,~ I I I i I ! -_. I t I , i ,~.. _,..___.~_,',"'''-.........,.. _,J.,_,~_~_'M. _.., _~._,._ n i ::-1 !'\,"r'; ;' U ~~ r: M: ~~ 'i ,-. ~ '.j :. ~'~ \: l r'~ ~: f 1.1/ '"",'\ " , " 1 ," j , , ) I I I I .' i '( ( 1'-' ! ;;../ " )