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HomeMy WebLinkAbout83- Beyl Easement . - f ' . ',. .. , . . - . . . . rlu~ 74rAGE1764 EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER TRUNK EASEMENT THIS AGREEMENT, Made and entered into this 18th _day of January A.D. 19~, by and between KEITH and DOROTHY BEYL and GLEN M. and PATRICIA MAE HASH partiesof 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 Grantor2- are the legal record title owner of a tract of land lying in the SW~, Section 31, TIS, R6E, n.p.~1., 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 second sanitary sewer and necessary appur- tenances to serve various properties located within the 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 Grantors, and the Grantor s are willing to grant to the Grantee an easement and ri ght of wayacross the above descri bed 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 particularly pro- vided. Ei\I+,B iT II A" .q.T1"'AC#'f,O NOW, THEREFORE, in cons i dera ti on of +a. . ,. - r t flf;1etro and other considerations in hand paid 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 GrantorS have granted, bargained, sold, conveyed, and confirmed and~- these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns 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 sewer and water line thereto upon and across the above described property of the Grantors , said easement and right of way to consist of a strip of land thirty (30) feet in width being more particularly described as follows: (taken from the existinq August 1969 easement) Beginning at a point on the west line of said Section Thirty-One which bears North 00 05' East and one thousand one hundred seventy and three- tenths (1170,3) feet from the Southwest corner of said Section Thirty- One (31); thonce at an angle of One Hundred twelve degrees, fifty-five minutes (162 55') to ~he right an? bear~ng South sixty seven .degrees East (S 67 00' E) a dlstance of Slxty nlne (69) feet to a pOlnt on the northeasterly line of the Northern Pacific Railway Company right-of-way and being the true point of beginning; thence continuing South sixty seven deQrees East (S 670 E) a distance of One thousand four hundred fifty two (1452') feet to a point which lies five hundred ninety five and four-tenths (595.4) feet northerly of the South line of said Section Thirty-One (31); thence South eighty nine degrees twenty five minutes - " . ...." . , \ . .. . . . .' fiLM 74p~GE1765 East (S 890 25'E) parallel to and five hundred ninety-five and four- tenths (595.4) feet distant northerly from the south line of said Section Th~rty-One (31) a distan~e of seventy (70) feet to the easterly line of sald prop:rty tog:ther Wlt~ a temporar~ right to enter and occupy during constructlon a~d lnsta:'atlon of a Sanltar~ Sewer, an additional thirty (30) feet of wldth, lYlng northerly and adjacent to the above described easement. 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operatin~, using, repairing, replacing and maintaining said sanl ary sewer aud 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: L Tha t , in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said sanita rv sewp.r 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 Ruch 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. fiLM 74p~GE1766 The Grantor~ hereby c~venants and agrees with the Grantee as f('l 11 ows : 1. 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 that it would not interfere with the operation. use. repair. maintainence, replacement and removal of said sanita ry sewer . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GrantotS__ or their successors and assigns. 3. That they have been lawfully seized of said premises; that they have good right and lawful authority to sell the same and that they and their heirs, executors, admini8trat~rB, 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 that this Agreement shall be binding upon the heirs, executors, administrators, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. -)- - . . \ . . . , . . . ' . filM 74p~GE1767 IN WITNESS WHEREOF. The said parties of the first part have hereunto set their hands and seals the day and year first above written. __.,.;: '~ / I '{ '''';''''- ) ) ; 0 .I ~lC: ./!I_-- STATE OF MONTANA ) ~ : ss County of Gallatin) On this j5'1JJ:day of ~ 19.&. before me, a notary publ ic in and for said State, per nally appeared ~nz.I(l;A /lAtH:. L-f1r5F-r. MJ1 r9aI\J lvf. ;.J1\5 1+ known to me to be the person whose names ."are_ subscribea-fo the within instrument. and acknowledged to me that ~~ _ executed the same. 'or"-" . '~. ...- - '.. . , , ..... . ~, . / Cj 0tL 67' ' . . . . , . " . FILM 74p~GE1768 IN WITNESS WHEREOF. The said parties of the first part have hereunto set their hands and seals the day and year first above wri t ten, otf~~ _2(~A~ fI/~ STATE OF MONTANA ) : 5S County of Gallatin) On this~,L day of ~ 1913. before me. a notary public in and or said Stat, personally appeared _ known to me to be the cribed to the within instrument. executed the same. j).~~ " Nota rY~b 1 i c for the . . - . ' State of r~ontana ~ - Residing at Bozeman, r1~~ . . . ~ . - ~ . My Commission Expires I '/9. 'J'~ .'~ - . ~ . . . THE CITY OF BOZEMAN filM 74 PAGE 1769 ~-'" "~ L.~O~ By: ~ - lfayor Pro T em ATTEST: @f/ d JA" .~ , . '. i1/Z1:-.... obin Sullivan _ Clerk of the City Commission APPROVED:' I . r-- ~~ ~?nly1~ iUA- - ~flw STATE OF MONTANA ) . ss County of Gallatin ) On this 24th_day of January . 19~. before me, the undersigned a Notary Public for the State of Montana, personally. appeared Kenneth L. Weaver and Robin L. Sullivan 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,1 ~ (2. #~ . , , +~. '. ..... .. Notary Public for the State of Montana .,. 111"'. ~ . ! ...l /, ,~' .." ,.......{ " Residing at Bozeman, Montana ..' ., My Commission Expires ~J1 \101 (Cf?S -5- :,..,. ....'..'"'T' 'l~~-' , . ~ "";: . ~ " "': ~ I I .. . I , I ','. - ~ ,I 'I ." . ~~, , .';".1 '7fi"/ ,l. ~ ,- i ~ J: ",~~ ~I ,~' ~ ~. 11';- I .~,/~' , ,j" ~, . . ,'I :~ .~ , f 'i, _w ',' "i~' :);":- ,::'/' ..' ,I ~~,~'""~' ~. . ,'. '., .. "I, 'l;; , ~, if, ':' '" fi;;'tIIl'" , 1""- .'., j ", ".,," ,t'~,~;,,~:j. ,:.',,~ ' I" .. "',/ , .,:.> "i~::::;.~II. ~'~~.~~"':, , ..,i.. . ""'... ". 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'1I.tl.;~f It~ 1 I ~I ~ ,,' .~ I iit I' ., I l '" !~~"~iII, I ,I '.. , ~' . . ~~ "';''"'' ,,'~',"" .,.," j.. ," . . . ...~~~'~.. . ,"".' \~', ~ ' ",~." : -... ',:, ".".\~',"". .~', .,'~. :t, '.'.. ~,..:. 1L:: ~. ~ '., , ,"', ~'L,. ' ... .. ." , ~ ", ,",., I ... ~ ,",.' , ',~ ". , " '. ' ,", "'...' '. ~ j- I. . 1 , ..., .l~"-,",,,"-},.","- .~. ~ ~~Ul.l..':i.<... .'_ t! ~~ ... . '~_ _....!...!'.. . /' .' , , .. /" ' ... . .ii fiLM 74 p~GE1771 THE CITY OF BOZEMAN ~ ,. 411 E. MAIN ST, P. 0, BOX 640 PHONE (406) 1580-3321 CJ -e. ~ * 'E_._" ',"",_ * BOZEMAN. MONTANA 1597115 Q c....:- ;._-:-.:' 'lo' " :..::.c_ c_ ... ::,,-_~ /lj ('(' ~'" January 18, 1983 "lor o. l\r co. 1J_ "-- HAND DELIVERED Messrs. Glen Hash, Keith Beyl, Gene I. Cook, Dave Manley c/o KIRWAN & BARRETT Attorneys at Law 1609 West Babcock Bozeman, MT 59715 Re: Sewer Easement Gentlemen: The city of Bozeman offers the following consideration in exchange for sewer easement over certain property owned by Mr. Hash and Mr. Beyl located in the Southwest quarter of Section 31, Township 1 South, Range 6 East, Gallatin County, Montana. The actual path of easement will be more speci- fically set forth in the recorded easement and right-of-way agreement. In consideration for the granting of the easement we warrant: l. That the property affected by this agreement as outlined on Exhibit "A" attached hereto will be referred to as the Hash/Beyl property, the Manley property and the Cook/Bell property. The condi- tions and covenants set forth herein shall be considered covenants which will run with the land and shall inure to the current owners and any successors in interest. 2. The sewer system, after the current expansion, will contain an adequate capacity to accept additional sewage from the Hash/Beyl property, the Manley property and the Cook/Bell property even if all such properties are zoned as mobile home parks. The system will also have the capacity to handle any use which requires the same or less sewage capacity. It is not the intent of this paragraph to limit the use of the subject properties except for sewer capacity. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK u_" "'...__.____n. .~"'"... .."...____ft_.___ EXHIBIT "A" . . /~' ~ .. , . '. " FILM 74p~GE1772 Messrs. Glen Hash, Keith Beyl, Gene r. Cook, Dave Manley Page Two January 18, 1983 3. To connect to the sewer line the subject property must be annexed into the city of Bozeman and additional trunk lines constructed. The construction of these trunk lines shall be paid for either by an SID on the property or by the individual land owners. This letter does not guarantee nor promise the city will approve the creation of an SID for this purpose. 4. We agree that so long as all applicable and appropriate documents are submitted by the applicants we will not oppose the request for a zoning variance for a proposed mobile home park on the subject property or will oppose annexation to the city of the subject property. 5. The subject property shall have the right to connect to the newly constructed sewer line at Manhole #19 or some other suitable location. May we now have the requested easement? Sincerely, <) ~4~ p~~;~. ~ - R~chard C. Holmes Director of Public Service Attaclunent Ih 10fi725 State of MQntana } County of Gallatin 55. Filer! February 1~__1 1983 at 1:55 P. M.,and Recorded in boo~ 7 L~ ~ MI~_EL~~_N 'OUS P!J'f!l!l / {;i- .._~._-~\t W. _~~~ 8y-~~ D<tputy ---- fee:$ - 0 - Rt: City of Bozeman -..-..------'.'- EXHIBIT "A"