HomeMy WebLinkAbout67- Conser Easement
WIT N E SSE T H :
BOOK . 24 PAGE 74:
EASElIJ.ENT AND RIGHT-OF-WAY AGREENENT FOR CONSTRUCTION & J\iLAINTENANCE
OF AI\" Oil SANITA.'lY SEViER EAIN.
THIS AG~~NT, Made and entered into this 25th day of July
A. D. 1961, by and between Maurice L. and Clara Jndridge, husband &
wife
part i~ of the first part, hereinafter called the Grantor ~, and THE
CITYJF c\iZfr.'i'\N, 8 municirc;:l c,rporetion of the State of Montana, in
GiolL:t.:in rC11l:,t.:y, the pel'~JJ c:~ LJ.,,,,, se~ond part, hereinafter called the
Gr,'l.1]~., t(~ Q
',';~- G~Ci.:\ The Grantor s_wh93.I..~_ the legal record title ownerlL
of ,...,~':'~,~.~ r' cf 1,1".8 Northeas.!:-S2.I2~-quarter of the Southwest one-cuarter (Nzi
$..'tl~t i>.y"c~:i,2.r:L !we.),. Y~._llzLT.9_~~hill.2. South Range 5 East. IvI. P. /.VI. being an
a,r~?-_.J.)TTirtg ,~outh_ of V1esl.Babcock St. between Eleventh and Fifteenth Ave.
South in the City of Bozeman, Montana.
5::1rl
V::;'-"'s':'!S, j-,l~'~ Grc:nt88) in the exprcise of its power and authority
as a rluT:;'c~r)o1ity of the S:ate of ;'"r:'::t2na, proposes to construct and
install
an 8" sanitar~ sewer main
would run across the Grantor land; and
WHEREAS, the Grantee desires to acquire from the GrantorlLJ and the
Grantor~ ~ willing to grant to the Grantee an easement and right-
of-way across the above described property of the GrantorJL, 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 access and incidental rights as are hereinafter described, all as
he" .l"ftsr more particularly provided.
1\:',i,J; T;;;HEFORE, in consideration of the SWYl of $/.,Qb in hand paid
bJ the City of 8ozeman, the receipt whereof is hereby <1cknowledged, and
in further consideration of the covenants and agreements between the part-
ies hereto, the Grantor s hfi're granted, bargained, sold, con-
veyed, and confirmed. and by these presents .22... hereby grant, bargain,
sell, convey, and confirm unto the said Grantee and its successors and
assigns the following rights and privileges forever:
BOOK :24 ~)AGE 75
1. A perpetual easement and right-of-way for the purpose of installing,
operating. using. repairing~ replacing, maintaining and removing an 8" sanitary
sewer line thereto upon and across the above described property
of the Grantor..,2.' said easement and right-or-way to consist of a strip of
land thirt1i feet in width lying and being 15 feet each side of
center line of said sanitary sewer and more fully described as follows
Beginning at a point that bears North 880 43' 55" East 660 feet and South 00 34' 05"
East 180 feet from the 2 inch pipe marking the northwest corner of the Northeast one-quart.er
of the Southwest one--quarter (NEt;: 51-lit) of Section 12, Township 2 South, Range 5 East;
t.hence North 880 43' 55" East parallel to and 180 feet distant southerly from the northerly
line of said Southwest one-quarter (S'{I/~) a distance of 39.63 feet; thence at an angle
of 20 50' to the left bearing North 850 53' 55" East a distance of 92.73 feet to a point
which lies 175.41 feet South 00 34' 05" East of the northerly line of said Southwest
one-quarter (SW~); thence South 00 34' 05" East a distance of 30.06 feet; thence South
850 53' 55" West a distance of 91. 61 feet; thence South 880 43' 55" l'Jest parallel to and
210 feet distant from the northerlyline of said Southwest one-quarter (Sl^J~) a distance
of 40.37 feet; thence North 00 34' 05" Ivest a distance of 30.e\() 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-way with all the appur-
tenances and privileges unto the said Grantee and tc its successors and
assigns forever.
The Grantee hereby covenants and agrees vrith the Grantor-.!, as follows:
1. That, in connection with the installing, operating, using, repairingj
replacing, n,aintaining and removing of said (s1l sanitary sewer
it will replace, at its sole expense. all existing fences~ ditches and
other appurtenances of said land that may be disturbed b~{ its operation
on a condition equal to the condition thereof existing before said oper-
a.tions were begun, or as near thereto as shall be reasonably possible,
20 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 away
from the site any large rocks or surplus excavated material or any kind
of debris th."t m8J" 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 backfilled areas may be mounded
sufficiently to prevent the formation of depressions after final settle-
F.illet has taken place.
3. To install said sanitary sewer line 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 said sanitary 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.
ATTESTg
,,-0::.<.'.'. --
BOOK 2 4 ~JAGE 76
60 In the event that it should become necessary for the Grantee:to re':"
enter the Grantor-ii, premises for the purpose of repairing, replacing, main-
taining or removing an SIf sanitary sewer ma:Ln line, the Grantee will
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reimburse the Grantol'~ for any actual damage done to the Grantor2,. premises
or cropSD
70 None
The Grantor s hereby covenant.jL and agree~ with the Grantee as follows:
10 That at no time will jJl~_ build, construct, erect or maintain any
permanent structure over or above the said sanitary sewer line
__~,~_________ unless such structurels built, constructed and
maintained in such a manner that it would not interfere with the operation,
use, repair, maintenance~ replacement and removal of said sanitary sewer
line 0
2. That the Grantee may peacably hold and enjoy the rights and privileges
herein granted without an.t interruption by the Grantor~ or the i r
successors and assignsv
30 That they _llave _ "lawfully seized of said premises; that
they have good right and lawful authority to sell the same and
that they '-and ~__, heirs" executors, administrators, successors and
assigns, shall warrant and defend the title to Bald premises unto said
Grantee, and its successors and asslgns 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 uPQn the heirs} executors~ administrators, successors
and assigns of the Grantor~_ and upon the successors and assigns of the Grantee"
IN \f.[TNESSiJHEREOF:> the Grantor~ ,~"_ have . hereunto set their hand~ and
sealJL and the Grantee, The City of Bozeman~ has hereunto set its hand, by its
Mayor and its Clerk of the City COITllll.-tssionj each thereunto duly,authorized. and
has causG:d its corporate seal to be Bffixeci" allan this A'C Ii( day of
;iL-,;;,;;/kj .' 196}'o'1
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,_~ ~ ,;,(P::;;k~~€
THE C lTY OF BOZEMAN
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.. . ' "Mayor ///
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y
Clerk of the City Commission
APPROVED:
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City Attorney
COUNTY OF GALLATIN
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BOOK
24- HilGE 77
STATE OF MONTANA
On this 25th day of . July , 1 ~6 L before me, the undersigned a
Notary PUblic for' the State of Montana, personally appeared
1nurice L. and Clara Eldridge. husband and wife
known to me to be the personJL des-cribed in and who signed the foregoing instrument
as GrantorJL and acknowledged to me that they had executed the same freely
and voluntarily, for the uses and purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
5m"ttJl3i'~ay and year in this Certificate first above written.
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Notary Public for the St te of Montana
Residing _ at Bozeman, No tana
My Commission Expires- January 20.. 1970
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STATE' QF>MONTANA
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COUNTY OF GALLATIN
On this 20th day of September 1I 196.z.., before me, the
undersigned a Notary Public for the State of Montana, personally.appeared
Edmund P. Sedivy and Ema V. Harding , 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 vmEREOF 9 I have hereunto set my hand and affixed my Notarial Seal
on the day and year in this Certificate first above writteno
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oeary Public for the St- e of Montana
Residing at Bo,zeman, Montana
My Commission expires. January 20, 1970
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, ~:Jont" County of GaHath" S3 F;'cd for rc.cord.__ September 22 . 1967
2:_J5._LM" and recorded in BOGk ~~__n.,._oL_ MiSC~llan)us page 74
GARL L.~STUCKY Recorder. By ~~_<> dJ. .z: ~_.&::.~\. Deputy
FEE: ----
RT. CITY OF BOZEMAN
BOOK 24 i I'IGE 78
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