HomeMy WebLinkAbout80- Westland Enterprises and Egbert Easement
Rt: City of Bozeman r;'~'~~~;'~~:;'V/\
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. Statfl of f!;'tad., County 01 :. t '.: ~ . "~ ~,~.,.: ' . .____ Janu.a.t'-Y 5___ __ _____, 1981
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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,
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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.
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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.
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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.
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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<-
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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
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f llM 60 PAGE 796
TilE CITY OF COZEMAN
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By: j /~-:::--<t'Vl t;:;-j>l-L_-.
MllY:Jr
ATTEST:
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E~i~~~~]U\~) NG ~d~.._..._,
Cle;k of the City COlTlmission
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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,
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. ' I FILM 60 r4GE 797
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