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Home My WebLink About84- Bozeman Deaconess Easement 1984 "Rt: _City of Bozeman G-O- f-ILM 85 PAGE 3384 1 "'~lLl1 1,.) t;,) .... State of Mont.. COURty of G"'!kltin. 5S filA'~ for rE~(:ord December 10 ... 1: 56 PM.! and rec0r'ded in 8dol.(J~L__oJ.- MISCELLANEOUS ~ W. (1'....... Recorder. By oA I ~ }if. !)<., #1/7 EASEMENT AND RIGHT OF WAY AGREEMEN FOR D'4DEXED PLATTeD .~~84 page~4 Deputy SANITARY SEWER LINE THIS AGREEMENT, Made and entered into this ".~ day of Au'rq\ A. D. 19 8~_, by and between Bozeman Deaconess Foundation part~ 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 the legal record title owner of l~ NW 1/4 NW 1/4, SEC 17, T2S R6E PMM 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 Main and necessary appurtenances to serve various properties located within the NW 1{4 NW 1/4, See 17, portion of the City of Bozeman and one or more such ines would run across the Grantors land; and WHEREAS. The Grantee desires to acquire from the Grantor , and the Grantor is willing to grant to the Grantee an easemen~and right of waY-across the above described property of the Grantor , and its heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said Sanitary Sewer Main 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 $ (0 o.!l. 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 parti es hereto, the Grantor U,::, granted, bargained, sold, conveyed. and confirmed and by these presents ~~~ 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 , said easement and right of way to consist of a strip of land 30- feet in width being 15 feet on each side of the following described center line. An easement located in the NW 1/4 NW 1/4, See 17, T2S, R6E, PMM, City of Bozeman, Gallatin County, Jl1ontana, and the centerline of said easement being more particularly described as follows: Beginning at the NW corner of said Sec. 17; thence S 890 26'07~E, a distance of 1318.63 feet, to the true point of beginning, which is manhole No.1 as shown on Sanitary and Storm Sewer Plan, sheet C-l.4, Bozeman Deaconess Hospital Plans; thence S 890l3'09"W, a distance of 807.07 feet, to manhole No.4 of said plans; thence S2300l'32"W, a distance of 391.16 feet, to manhole No.5 of said plans; thence S2 30 0 I' 30 "1\T, a distance of 30.00 feet to the end of the easement centerline " .; " fiLM 85 Pi~GE 3985 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 Sani tary Sewer Main 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 Main 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 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 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 ~;m;t-;:lry ~ewer M~;n 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 Crantor9 premiBes or crops. -2- - " flU~ 85 PAGE 3886 5. The Grantor hereby c"venants and agree~ with the Grantee as follows: 1. That at no time will they build. construct, erect or maint,dn any permanent structure (wer or above the said Sanitary Sewer Main unless such structure i5 oui It, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintaincnce, replac0mcnt and removal of said Sanitary Sewer l'1ain 2. That the Grantee may peaceably hold and enjoy the rights and privileges h"erein granted without Rny interruption by the Grantor or _____ successors and assigns. 3. That they have been lawfully seized of said premises; that they have good right and lawful authority to sell the snme and that they and their heirs, executors, adminiHtratrrs, successors and assigns, shall warrant llnd defend t1H'title to said premises untn said Grantee, ond its follccessors and assigns forever, agninst the lawful claim and d('mand (If all persons whomsoever. It is understood ilnd agn>ed hy and hctw('('n the parties bereto tl.at this Agreement shall be binding upon the heirs, rxeclltors, administrators, successor and assigns of the Grantorv ami Up0t1 the SUcc(,ssncs ;lnd assigns of the Grantee. .' -3- " . " fiLM 85PtGE3387 IN WITNESS WHEREOF, Th~ said parties "f the first part have hereunto set thdr hands and seals the day and year first above written. ~~~ ~1!'e;5 rou~:n, By: ~~ ATTEST: \~~~/2?;:_~~7- . Secretary STATE OF MONTANA ) 58 county of Galla tin) On this 2. f day of iuJIA.$/- in the yea r 19..'&'Y_, before me, a Notary Public in and for said State personally appeared ~Wir\ VcJv(~~ known to me to be the --.AJVY\\\'\'\$-.\r",-,~ r- of the corporation that executed the within instrument or the person who executed the instrument on heh"lf of sa id corpor.ation, and acknowledged to me that such corponl lion executed the same. IN WITNESS WHEREOF, I have hereunto set my hand a,nd affixed my official seal the clay and year in this certificate first above wd t ten. ,~ II" II ""It, I ",,: Dill, "" ,,\ \... .4 ,~ "" ,i ~'" '" ......,.. rIA;~' \':'- ~'-I lI_i '.... ~ ~' f: 6'~'''''~\~\ AFJ41.....~~\ ~(!): ~ ~ \plII': ~l \. SEALJ'-; ~ ...., ~.. t ~~ ('.... .... ..' ~..,. i --"." <<l"..' ,.~..."....,. ~ ~' ".... ""~ l: OF 1;:0\\ ,."., """'111 "II" \ .... -~ ~---~_._- Notary Public for the State of Hon t ana Res id i ng at Bozema n, Mon t.1 na My Commission Expires ~ y/:z..eL"i"lf-- -4- - . '. .. . . .. l flL~ 851'!GE3~8S THE CITY OF BOZEMAN ~' ))', n. By . - '>--N,.L.' c.lv~~~ Clt Manager ATTEST: " . ,r. Commission APPROVED AS TO FORM: -----;t e - ';; / ;;../,,- h 'f City Attorney I ( STATE OF MONTANA ss. County of Gallatin On the first day of October , 1984, before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the City Manager 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 Ce~.tific4tefirst above written. , ..~.- \\.'"'''''''''' '\ 4/4'" 11 \ ", C L, " ", ,," l',.. . riA ",,~'I..;," " ^ r ,......, "1.6 "'". :,..,,,'1,.,- ",',.,0, 1!,; ,.... '.\I'\T ., ~\ ~/( mYAA~I4('....-P \ ~: $' "t"AL'" ',':" i ~ ~ ~': i '.'..:' ." ..' ,........ ".,...;." '" :- cr'..' .,.'". .': :- /'-, "....' .~~."l~ ~.. -~.. ...,,..~ ......'\.. -'\'t-~o.\....'I '..... ,Of: ,.\O~,~".,;'" ol,......U..,\""~ ,." ','" , ,1 ~'.::~..L _"", ~~i. ,. ~~. ,.... (; r , ;' l 1'.1 t\ \,' /,,)('/ U Notary Public for State of Montana Residing at Bozeman, Montana My Commission expires April 3D, 1985 -5-