HomeMy WebLinkAbout67- Conser Easement (2)
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';24- PAGE 69
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EASEl/ENT AND RIGHT-OF -~IAY AGREEMENT FOR CONSTRUCTION & lvIAINTENANCE
OF AN 8" SANITARY SE'I'JER MAIN.
THIS AGREEMENT, Made and entered into this 25th day of July
A. D. 1967 , by and between
Eldon C. and Kathryn H. Conser, husband &
h'ife
part i~ of the first part, hereinafter called the Grantor L. and THE
cny ::\F ',"07.0!HN, a. fllunicirel c:"rp:-r'ltion of the State of Montana, in
G,llLt-in r>11l:1t~{. the IX] i~~, c'~ t'l'3 s('rond part, hereinafter called the
G r ,~, ~l J._, ,-? c~ Qo
W 1. T N E SSE T H :
:';'l:r:~L.J, The Grctrtors_ __who_a~ the legal record title ownerjL
oi~ Y',:;:'>~(r;' cf +,h8 North~st _<2~~quarter of the Southwest one-quarter (NE~
Svi~) Section Twelve (12Y-Township 2 South Range 5 East. M.P.M. being an
~r_e~__1Jj.D..g.._$.Q~th9L..tl~st Bab22..ck~et between Eleventh and Fifteenth Ave
nll'7I?-9Qll;th . tn_..:t.he..,gity of, Bozeman, Montana
G:yl
\'.";-:1:-:'1.'3, 1,\~rJ Gt'!::_ntf?e, in thc exprcise of its power and authority
as a !:"u:',:':"c~r,Cility of the St.ate of hc:;t.tX:.Ci, proposes to construct and
install
an 811 sanitary sewer main.
would run across the Grantor land; and
WHEREAS, the Grantee desires to acquire from the GrantorL, and the
Grantor~ are willing to grant to the Grantee an easement and right-
of-way a.cross the above described property of the Grantor.!L, and their
heirs, executors, administrators, successors and assigns, for the purpose
of installing, operating~ using, repairing, replacing, maintaining, and
removing said
sanitary sewer
and for such other rights
of 2ccess and incidental rights as are hereinafter described. all as
hc--:- ;-.ft'31- more particularly provided.
1::.11; T:r-~;;EFCiRE, in consideration of the sum of $~~ in hand paid
b} the City of B07,eman. the receipt whereof is hereby acknowledged, and
in furtller consideration of the covenants and agreements between the part-
ies hereto, the Grantors have granted, bargained, sold, con-
veyed, and confirmed. and by these presents do hereby gra.nt, bargain,
sell, convey, and confirm unto the said Grantee and its successors and
assigns the following rights and privileges forever:
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BOOK
'24 PAGE 70
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1. A perpetual easement and right-of-way for the purpose of installing,
operating. using, repairing, replacing, maintaining and removing ~/ an ~5 inch
sanitary sewer linethereto upon and across the above described property
of the GrantorL, said easement and right-or-way to consist of a strip of
land thirt;; feet in width lying and being 15 feet eAch side of the
center line of said sanitary sewer and more fully descrioed as follows.
Beginning at a point that bears North 8bC> 43' 55" J::;set 792 feet and South
OC>34' 05" East 175.45 feet; thence bearing r:orth i::5C> S:P 55" East a distance
of 132.2 feet to e. point which bears North 88C> 53' 55" East921-j feet and South
OC> 34' 05" East 168.9 feet; thence South OC> 34' 05" East a distance of 31.).02
feet; thence South 85C> 53' 55" West a distache of 132.2 feet; thence Nortil
OC> 34' OSnWest a distance of 30.02 feet to the true point of beginning.
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 8" sanitary sewer line
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-waf with all the appur-
tenances 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 That. in connection with the installing, opere.ting. using, repairing,
replaci.ng, maintaining and removing of said 8" sanitary sewer
it will replace. at its sole expense, all existing fences, ditches and
other appurtenances of said land that may be disturbed by its operation
on a condition equal to the condition thereof existing before said oper-
ations were begun, or as near thereto as shall be reason-3.bly possible"
2. That, during operations involving excavationj it will remove the
topsoil from the trench a.rea to a depth of one foot, or to the full
depth of the topsoil. whichever is less, and stockpile said topsoil away
from the sit.e any large rocks or surplus excavated material or any kind
of debris th?t. mClY have been exposed by the eXCB.vation 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 backfilled areas may be mounded
sufficiently to prevent the formation of depressions after final settle-
mnet has taken place.
30 To install said sanitary sewerline at such a reasonable depth below
the surface of the earth as will permit normal cultivation of the ground.
4. To operate. use and maintain saidsanitary sewer pipeline in such
manner as will not hinder or prevent the proper cultivation of the tract
through which this right-of-way is hereby granted.
5,
30DK
2 4 ~'AGE 71
60 In the event that it should become "necessary fOr the Grantee:"to re~
enter the Grantor2.., premises for the purpose of repairing, replacing, main-
taining or removing _~!l2~r sani~asY ~ewe:r: main line, t-he Grantee will
reimburse the Grantor~'3_, f()r any actual damage done to the Grantor~ premises
or cropso
70 None
The Grantor s hereby covenant~ and agree..7_, with the Grantee as follows:
L That at no time ,.ill_they-. , bUlld, construct, erect or ffi.B;intain any
permanent structure over or above the said. sanitary sewer llne
___~_______' unless such structure is built, constructed and
maintained in such a manner that it would not interfere with the operation,
use, repair, maintenance9 replacement and removal of said sanitary sewer
line
2. That the Grantee may peacably hold and enjoy the rights and privileges
herein granted without an;y interruption by the Grantor~ or their
successors and assigns"
30 That ,---1.~.x___~. lawfully seiz.ed of said premises; that
they have good right and lawful authority to sell the same and
that thp-y and their heirs? executors.1 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, successors
and assigns of the Grantor~ and upon the successors and assigns of the Granteeo
IN WITNESS WHEREOF ;i the Grantori'~ ,~<:-..~. hereunto set their hand~ and
seal~ and the Grantee, The City of Bozeman~ has hereunto set its hand, by its
Ma;yor and its Clerk of the City COrnnuSSiODj each thereunto dul;}'> authorized, and
has c9J'1sed. its corporate 2eal to be affixed, all on this;:?~, eX day of
/v;(;Jl~Jc-'!l 1963.,0/ J ~ ;;/:;/< -7 -'--
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THE CITY OF BOZEMAN
ATTESTg
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Mayor //
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Clerk of the City Comnassion
APPROVED:
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City Attorney
BOOK
24. i.JAGE 72
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STATE OF MONTANA )
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COUNTY OF GALLATIN )
On this , ; c;-- day of ~J9't':;f /I ;'-;-- . 1"6...2' before me, the undersigned a
Nota,ry PUblic for the State of Monta , personally appeared C'=::"'D",,,~, C.
G;~~ v;; n:~ to b';. th~~;"S~ ~crJ~~ib~ in k['~h:si~~~ the foregoing instrument
as. Grantor__ and acknowledged to me that~"/; ~~.. had executed the same freely
and voluntarily, for the uses and purposes the.. expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
on the day and year in this Certificate first above written.
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Notary Public for the State of Mo
Residing at Bozeman, Montana
My Commis sion Expires; ~
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.:" .,S~ATE .'OF~~fvIONTANA
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, ,'1.'''100 E.\;cnes AprjJ21,t ,1-X1..Q
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COUNTY OF GALLATIN
On this 20th day of September ~ 1961-, before me, the
undersigned a Notary Public for the State of Montana, personally appeared
Edmund P. Sedi~ and _ Erna V. Hardin~ , known to me to be the
Mayor and Clerk of t.he City Corrunission 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 vVIiEREOF 9 I have hereunto set my hand and affixed my Notarial Seal
on the day and year in this Certificate first above written.
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Notary Public for the S ate of Montana
Residing at Bozeman, Montana
My Commission expires. January 20. 1970
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INDEXED
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State20f Mont., County of Gallatin, 55 Filed for record September 22 .. .
t . 30 p -------- . . 1967
a . _M.. and recorded in Book 24 oL Miscellaneous '60
CARL L. STUCKY ~' to ~ k 1 . page~
FEE' Recorder. By./ ..'-<"~ r.......-::::;.. ~.....J 0
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RT. CITY OF BOZEMAN
PROPc~r OWNeR ELOON C. CON.se~
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