HomeMy WebLinkAbout81- B-K Partnership Easement
. EASEMENT AND RIGHT or WAY AGREEMENT FOR
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. SANITARY SEWER TRUNK
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FILM 64PAGE1830
THIS AGREEMENT, Made and entered into this -Id..!! day of
---1ll~ A. D. 19 ll_' ~y and between ~PART~~ERSH1P
~ollnie W. Beck ..~ Ellen Kreigbaumpart,es of the first part, hereinafter
called the Grantor~ 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 ~ _~.c~_ the 1 ega 1 record title owner of
_d 4.394 acre parcel re~ord(>d ir:~~__Gallatin Coun~y Courthouse as__f2-11ll ~Jg f\1CJC' l(nl
more particularly described below, and
WHEREAS. The Grantee. in the exercise of its power and authority
as a muni ci pa 1 ity of the S ta te of Mont~na, proposes to cons truct arid
install . a sani tary sewer and necessary appurtenances
to serve--var,6u-,i-p-r-o"p-erties To-ca.-ted wifhlnthe ~:dstern .___
portion of the City of Bozen~n and one or more such lines would run
across the Grantors land; and
WHEREAS. The Grantee desires to acquire from the Grantor 5, and
the Grantor s ar'e will ing to grant to the Grantee an easementand
ri ght of wayacross the above descri bed property of the Grantor~__.
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 incrJe-Y1taT rights
as are hereinafter described, all as hereinafter more particularly pro-
vided.
NOW, THEREFORE, in consideration of the sum of $ xxx X and other
considerations in hand ~id by the City of Bozeman. the recelpt whereof
is hereby acknowledged, and in further consideration of the covenants
and ilgreemtl1ts between the parties hereto, the Grantor ~:.
have aranted. bargained. sold, conveyed,--iirl-d.-conT,-nned
a-nd-bittiesepresen-ts~ 0 hereby grant, bargain, sell, convey, and
confirm unto the said Grantee and its successors and assigns the follow-
ing rights and privileges forever:
l. A perpetual easement and right of way for the purpose of
installing. operating, using. repairing, replacing, maintaining and
removing a sani Ldry sewer thereto upon and across the above described
property of the GrantorS said easement and right of way to co~sist
of a strip of land ThirtY-bO) feet in width being Fifteen (15
feet of each side ot the tolT6wlng descr; bed centerline along the southerly
property ooundary and a strip of land 'IWenty (20) feet in width being
Ten (10) feet of each side of the follOW'ing described centerline along
the easterly prot:erty boundary.
lJeginning at a point lS feet North 00121 East of the Southwest property
corner of said property on and along the West line of the Southeast
Quarter (SE~) Southeast Quarter (SE~) of Section 8; Thence, along a
sriral c~rve to ~he l~ft para~l~~ t~ the centerline ~edi~n_of Inte~s~ate
1-90 havlnq a detlect,on of 1 lL 45 per 100 feet ana 1~5 teet northeast-
erly of sd~d centerline a dis~lnce of 214.86 feet to the end of said
SP~I-ill cur~c; Thcnc~ South iU):~:'()()" East (whiciI bearing equals ~outh
70 32145" t.Jst of IllghllJay l)canng) parallel to Inter-state 1-90 Rl~ht-Of-
I.Jay it distance of 790(39 feE~t (Hld 10 feet northeusterly of said R~ght-Of-
Way; Thence North l~ 31'43" East parallel to the East GoundarY,llneof ,
sa'id pr'upcrty a distance of ~9U.J7 feet. more or less, to the lnter'sectlon
with the southerly Right-Of-Hay of U.S. Highv.tay 10 and the end of the
ea 5 erllen t.
In addition, J tempor'al-y easement 15 feet on either side of the per'marwnt
easement is granted for construction purposes.
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FilM 64 rAGE 1831-
2. 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..2.-
as follows:
l. Tha t ) 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 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 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 eultivation of the tract through which this right of
way is hereby granted.
4. In the event that it shadd 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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5.
FILM 64 P^GE 1832
The Grantors- hereby c~venants and agrees with the Grantee as follows:
l. That at no time will they build, construct, erect or maintain
any permanent structure over or above the said sanitary
sewer unless such structure is built, constructed
and maintained in such a manner tha t it would n0t interfere
with the operation, use, repair, maintainence, replacement
and removal of said sani tary sewer .
.~ __~A,_
2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by
the Grantor~ or their successors and assigns.
3. That they have been lawfully seized of said premises; tha t
they have good righ t and lawful authority to sell the same
and that they and their heirs, executors, administrat0rs,
successors and assigns, shall warrant and defend the 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 and between the parties hereto tha t
this Agreement shall he binding upon the heirs, executors, administr<1tors,
successor and assigns of the Grantors and upon the successors and
assigns of the Grantee.
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filM 64 PAGE 1833
I N vi IT N [S S W II [ R [0 F, The <~ Ji d part i e s 0 f t h (> fir <) t p, I r t tl d \' C'
he)' (> u 11 to ';( \ t L h (' i r h d 11 d " Ml d " (' dl '; ttlf' cl ,IV i\ 11 dye d r fir ,; L <3 I) 0 V (:
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STAT[ Clf i~ON T ANA )
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On Lh'isjl~~(L:Y ul .mt~_._.., 19.5/, I)(~!un' Ilif', d IIUL.lIC) I
publ ic in dncl for s al d S lil U>, . (' r'; ol1a lly a Piled i'cd hC)/WLc: _ .lU, bee/')
o nel. f/(e,J) ^re\~~hCtLAVY\ krJ(I\'lIl ll) 111(' to Ill' Uit' 111'1",11/1-5
virIU',I' ndllll6.. __ .. _'__ _~((:,_ _. . _ . _ _ ~_ __ _ __ ~.tj[)',( I' 11)~ Lri t 111'
wi UI in in<;Lrul:l(>rlt, Jnd dcknowll'dfjl'cj to nl(! tlldl _._H '1
('XeClJ t 1,,1 tllf~ ')ulll(!.
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No ta ry tjl~'( t ~ I' t i: l.: ~..',;'-'-i..;,--,
State )f ~ rl..dlc. "\.",,, ','
R()sidiJFj at [J07Cllli1ll, i'1()lltS~\il'''~'':''~,
ny C:OIIIIJlission l'Xpil'I", ;/ "':~''''''.'':{:--\;'';;.;..
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Clerk of t.he City Commission ,,/ ,~", " ' ., ' ;,~~:, ,,/~l .
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APPROVED: I'.'~-("
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C 1 ty ,~t tOl'ney ,/ '
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STATE OF MONTANA )
: S5
County of Gallatin)
On this _j.dU-~ day of J71..t.::1LL....-' 19-!L, befon:? me, th(;
undersigned a Notary Public for t.he State of Montana, personally,
a~lpea red~~JJJ..kJJ...a:k~E4.~ t/ LU~/jJ("_'"'4nown to me to
be the ~ldyor and Clerk of the City Commission respectively, of the
City of BOlclildn, who~;c nilllles are subscribed to the within instrument
dnd acknowledged to me lhJt they executed Ule ~-;arne fOl- and on behal f
o r s it i (I Ci ty ,
IN WITNESS WHEREOF, I have hereunt.o set my hanJ dnd affixed
111.1 No ta r' i dl ~_; e u 1 0 nth (' d d Y Ll n dye ar i n l h i<; C crt if i C ill (' f' i r '; t
a h'we wri t len .
".A...."'.,. ~J~~__H __ n
,;.\' Ol/::.
:": ,....; '\':. ;:/?
.,if I . ot(~lJ PuB ic for the StdLo of MUrltdrld
. Resldlng at Gozeman. Montand
; ..
., .~ ~ ~, ~ ","-i ( My Corrrni s s i on Exp i r(l~ARY "1I~e-for- __.
' :fI .. "'.'
. I . Itesidin, If Bozeman tho stite of Mantan.
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~",~'~':',~'~':'" <;>,... My Commission ' ' Montana
INDEXliD eXPires January 6, 1984
'."....' . .40 t. ~.,. ." ptAlT~C)
'J.'i,.,!~.,Ir'~ ~.
~
b83b7
State of Montana
County of Gallatin } 55.
Filed July 31 _~, 19 81
at 8:30 ~_M" and
Recorded in book 64 f
MISCELLANEOUS J:~ 1930
fucltli a. S~
~;unty Clerk & Recorder
By ~. ~1k ,
_ _ _ _ Deputy
F ee ~L
--- ~- ---- -
C' - :1"'
lty of Bozeman
. ,
. .
BECK EASEME~T
~_ ,_~,,~______...~._~"~_. 'u_
fll~ 64PAGE1835
That the parties pf the second part heretj give and grant to the parties
of the first part a pe~anent easement for the installation and maintanence
of a sanitary sewer trunk main over and across lands owned by said parties
for a 30 foot easement along the southerly and easterly boundary lines of
a 4 . 394 acre parcel owned by the second party as described and recorded in
the Gallatin County Courthouse as Film 58 Page 1931 and C.O.S. 246 (used
as the Basis of Bearing); said easement being Thirty (30) feet in width
being Fifteen (15) feet of each side of the following described center1 ine
along the southerly property boundary and a strip of land Twenty (20) feet
in width being Ten (10) feet of each side of the following described center-
line along the easterly property boundary.
Beginning at a point 15 feet Noo12'E of the Southwest property corner
of said property on and along the ~est line of the SE~ SE~ of Section 8;
Thence, along a spiral curve to the left parallel to the centerline median
of Interstate 1-90 having a deflection of 1012'45" per 100 feet and 145
feet northeasterly of said centerline a distance of 214.86 feet to the end
of said spiral curve; Thence S 70034'OO"E (which bearing equals
S 70032'45" E of Highway bearing) parallel to Interstate 1-90 Right-Of-Way
a distance ot 74.89 feet and 15 teet northeasterly of said Right-Ot-Way;
Thence N 14031 '43" E parallel to the East Boundary line of said property
a distance ot 498.77 feet, more or less, to the intersection with the
southerly Right-Ot-Way of U.S. Highway 10 and the end of the easement.
In addition to the permanent easement granted as provided above, first
parties shall also have an easement over the lands owned by the second parties
here to of an additional Thirty (30) feet on the northerly & westerly side of
permanent easement as a tefilporary easement to be used during construction, which
temporary easement to be used during construction, which temporary easement shall
terminate and end as soon as said sewer main is installed.
.
PARTIES OF THE SECOND PART: B-K Pdrtnershi p
consisting of: Lonnie W. Beck
Ellen Kreigbaum
loW. Beck
RT. 8 Box 8 309 N. 3rd
Greenville. Tenn 377 43 Permanent residence Bozeman, NT 59715
587-74383
.
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IJ filM 64 PAGE 1836 ' \,
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