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HomeMy WebLinkAbout80- Bozeman Deaconess Easement " Rt ': City of Bozernar. ~DEX~,~A : PLA1!,~"",,,,~\ 8'J_f;2{j '~ State of Mont., County of Cz;lIHkl. 55 !'c~<JI:, ,or ';.,,'-.1_____. ,.J..anuary__5._...,._.......--i 73,;)981 at_n___~:....,:L5.__,j\LM.. and recorded in ,BO(',',k,', ,_" J?_"Q_, '~'" - M~"I" ~~,NEO'yS lage .\. ~-i~./~ '<.,," .fuciffL cI. B~ENT AND~IGHT OF'-WAV AGREEMENT FO'R --l ..') SEWER TRU~K & TEMPORARY CONSTRUCTION EASEMENT IILM C"\ \L.! PAGE "'''''', ' Ivd THIS AGREEMENT, Made and entered into this _~___ day of I ;[./ ",;, i/....(-,..,<< ""\' A. D. 19~~_., hy and between BOZH~AN DEACONESS party of the first part. hereinafter FOUNDATION 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 is the legal record title owner of a tract of land in Section 17, T2S, R6E, P.M.M. 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 pipeline and necessary appurtenances 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 Grantor , and the Grantor is wi 11 ing to grant to the Grantee an easementand ~ight of waY-across the above described property of the Grantor . and its heirs. executors. administrators. successor.s and assigns. for the purpose of installing, operating. using, reRairing, replacing, maintaining. and removing said sanitary sewer pipeline 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 has granted, bargained. sold, conveyed, and confirmed and by these presents do 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 thirty(30) feet in width being more particularly described as follov/s: Beginning at the center of said Section 17; thence South 200 06' West, along the easterly boundary ofoNew Hyalite View Subdivision, a distance of 805.0 feet; thence South 69 54' East, a distance of 73 feet, to the centerline of the Hyalibe trunk sewer line extended and the true point of beginning; thence 21 20' East along said centerline, a distance of 444 feet, more or less; thence North 240 20' East al08g said centerline. a distance of 200 feet, more or less; thence North 48 East along said centerline, a distance of 360 feet, more or less; thence North 210 38' East al089 said centerline, a distance of 476 feet, more or less; thence North 25 22' West alongosaid centerline, a distance of 213 feet, more or less; thence North 18 58' West along said centerline, a distance of 1033 feet, more or less, to the south boundary of a tract of land described in book 139, page 262, filed in the Gallatin County Clerk and Recorder's Office. This perpetual easement contains 1.9 acres. A 30-foot wide temporary construction easement is provided lying easterly and adjacent to the above described easement as shown on the attached Exhibit A. l1L~ 6n 'j ftGE ~ l~ f'\ , ...,) 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 pipeline 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 pipeline 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 pipeline 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- flL~ 6:;r~Gf 74:: 5. The Grantor hereby c~venants and agrees with the Grantee as follows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said sanitary sewer pipelineunless such structure is built, constructed and maintained in such a manner that it would not interfere wi th the opera tion, use, repair, maintainenc(~, replacement and removal of said sanitary sewer pipeline 2. That the Grantee may peaceably hold and enjoy the rights and privileges her~in granted without any 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 same and that they and their heirs, executors, administrators, 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. This grant is made on condition that Grantee restore to its original condition, the land previously granted to Grantee by Easement dated December 12, 1959, known as the Lagoon Site easement, and described in Book 135 of Deeds at page 280, according to the records of the Clerk and Recorder of Gallatin County, Montana upon its disuse. -)- 6~' -,""" Fit'" PI"E '-'"-,, - r'1 ,.I ;; u I '1_ 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:._.' ~___~~(~~.~~ (',\,( ~A'<-_ '. ,--7 STATE OF MONTANA ss County of Gallatin On this l' day of /U,:;-7c/)Ht<'~i719.t;c, before me. ~, notary public in and for said State. personally appeared..), ,;~ ~; whose name within instrument. and acknowledged executed the known to me to be the person /5 subscri bed to the -- to me tha t L'-________~.____. same. . '~". ' ., .1'" 'I'"" (~-\) ,I; l4(....~, r << "" ..:. ~.... \'1" 01 , " :_ '. . ..,/ ... " . i ... .... ".' ".,..,',..,..........' ',,' '. .:'., ..... ........ \\~: '. (/ , ~_~;jL----~~~/<;::;.:;-~.7-; -; < ffOfa-ry p1Jb 1 i c {or Tfl-e --/ State of Montana Residing at Bozeman, Montana t~y Commission Expires C:':~/~'["""7 _~__2 EL_. '-- /.- ,/ \...... ~ -4- IIL~ 62PAGE 7.tJ Tlil: C J TV !,li- LlC)/ri1NJ I (" rt;-:: , / A I '"T: ,'~ ' " ) , i I~y: '/;~-<:Y:!~~-~-:-:~ /Li:-:Y':_ j.1aYllf' -/ :..-"'.. APPI<OVED: //), /1 ,''" /-: /1,// yj::f L."', m~~t~U~~~... ... // STATE OF r~ONTAN^ S c' ") County of Gallat in On th i s 17 day of !2C-c.glllb_el!-_~' 198..0_' befor'e IIIC, the undersigned a Notary Public for the State of Montana, personally, app\a red __.1ZlJ!1Qc!:1'J- _~~_^JC!:c.:~c~~__~-I~v..!.'3.~_I!..:...!!.a!t~~r!g___.. knQ\~n 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 acknowledqed to me that they executed the same fot' and on [Jc'hal f n f sa ide i ty . IN WITNESS WHEf"\Eor, I have hereun to set my hand and a ffi xed my Notarial Seal on the day and year in this Certificate first above written. : ", \ \\\\:\ () JJ ):--, '\ . . t II, JI 'If :' 'H'\'(' il'~\ I'Y " , t,' \ . S' .. : . ~ "0"1 \..- ! . " ~ ~,~; I = ... " * ~', ~. ... . 'f/I II ....'. It" .. \,~ ..... " 5 ...,.~.. .-.' ..,:, .,' "', 'Or :. ~. ~'\ ~,,~.,.., ..6IC"'~t"..',':~I":..' 1 i c for the S t a fe-'o'fHon-fa-ri-~1 Residin at Bozeman. Montana My Commission Expires Jan. 6 79&7 ~~,+._,--,...!._. .,..~ ,.,._-"~,-_.,-_. .. fILM 6', ,...,,'" , ".,) PAGE i'1 J EAS F..MENT from BOZEMAN DEACONESS FOUNDATION A perpetual easement for the purpose of installing, oper- ating, repairing, maintaining a sanitary sewer pipeline and appurtenances thereto upon and across a tract of land lying in Section 17, Township 2 South, Range 6 East, Principal Mon- tana Meridian, Gallatin County, Montana. The easement is more particularly described as a 30 foot wide perpetual easement, 15 feet on each side of the Hyalite trunk sewer line as constructed and described below: Beginning at the center of said Section 17; thence South 200 06' West, along the easterly boundary of New Hyalite View Subdivision, a distance of 805.0 feet; thence South 690 54' East, a distance of 73 feet, to the centerline of the Hyalite trunk sewer line extended and the true point of beginning; thence 210 20' East along said centerline, a distance of 444 feet, more or less; thence North 240 20' East along said center- line, a distance of 200 feet, more or less; thence North 480 East along said centerline, a distance of 360 feet, more or less; thence North 210 38' East along said centerline, a distance of 476 feet, more or less; thence North 250 22' West along said centerline, a distance of 213 feet, more or less; thence North 180 58' West along said centerline, a distance of 1033 feet, more or less, to the south boundary of a tract of land described in book 139, page 262, filed in the Gallatin County Clerk and Recorder's Office. This perpetual easement contains 1.9 acres. A 30 foot wide temporary construction easement is provided lying easterly and adjacent to the above described easement as shown on the attached Exhibit A. EXISTING LAC700N ::lITE EASEMENT DESCRIBED IN 800K /35, ,PACjc 281 N 4~tlE 5&0' 47(; I N25022'W 213' EXHII3IT '~'I HYALITE. TRUNK Sf;.WER L/lVE f'ERPETUAL f CONSTRUCTION EASEMENTS N21t120'e 444' N 24()ZO'e 2a?' / /' --r--- / I' , CONSTRUCTION EAScMENT- 30' HIDE . f'CRf'ETLlAL EA5EMENT- 50' h'IDe (/5' EAcH SlOE Or SEWER LINE) S 6rll54'E 73' CeNTER SECTION /1 EAST X;UNDARY Or New HYALITE VIEW SUBDIVISION - SZO"OG'W "05' J'C...q~s: /~~ "'" .....;900..... '~ ....~ '6':Yo ~.. ~~~ '~ r<SI\ \W~c;'c " ~. .. '10,,':,,- "