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Home My WebLink About67- Hallesy Easement 800K 2+ PAGE 79 \ EASEl/ENT AND RIGHT-OF-WAY AGREENENT FOR CONSTRUCTION & MAIN'1'ENANCE OF AN 3" SANITARY SEWER MAIN. THIS AGREEt'JENT ~ Made and entered into this 25th day of July A. D. 1961-~ by and between Clifford E. Hallesy and Maybelle, husband and wife parti~ of the first part, hereinafter called the Grantor~. and THE CITY ~!F ~-'o;:r~ij'\N, a PlUnicifEl cyrporation of the State of Nontana~ in G:'ll~_ijn (";"11;)!,) ~ ths pert;;1 ('~' r-,~\'3 s('('ond part, hereinafter called the Gr,'l."\.1t;:eQ WIT N E SSE T H : ':7;-;r'2t3, The Grn.rt,or L whLar.~ the legal record title ownerJL of ":;:'~: A,' ci' +,r.8 -1iQ.tlM~t__9ne-qUarter of the Southwest one-cuart,er (NE~ S'tli) Section Twelve (12) Township, 2 South Range 5 East, M.P.M. ___bfi.ing_an._ar~l:y.i.l:J.g...so..uttL_cl:_J'lest Ba.b.c..o.~k Street between Elevent.h AIld Fifteenth Avenues South in the City of Bozeman, Montana ci!lrl \r;~t;,--:IS, t)'/J Grentpe>> in the exercise of its power and authority as a F:'Jei::"cipo,lity 0.1' t}-',e St5.tc of hn:;ter<.a, proposes to construct and install an 8" sanitary sewer me,in. would run across the Grantor land; 8nd \rJHEREAS. the Grantee desires to acquire from the Grantor~~ and the Grantors are willing to grant to the Grantee an easement and right- of-way across the above described property of the Grantor.1L, 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--:] ?Xt~~r m.ore particularly provided. n:)ilJ9 TIll':rtEFOIlli, in consideration of the swn of $1.0() in hand paid bJ tlw City of Bozeman. the receipt whereof is hereby acknowledged, and in furd18r consideration of the covenants and agreer:nents between the part- ies hereto, the GrantorL have granted, bergained, sold~ con- veyed, and confirmed. and by these presents hereby grant, bargain~ sell~ convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: 800K 24- PAGE 80 l. A perpetual easement and right--of-way for the purpose 'of installing; oper- ating, using, repairing, replacingj> maintaining and removing 1/ an S" s8{J.itax:y sewer line . thereto upon and across the above described property of the Grantor s , said easement and right-of-way to consi st of a strip of land feet in width lying and being 15 feet each side of the center line 01' said sanitary sewer and more full~'i described as follows: . Beginning at a point which bears North 880 43' 55" East 528 feet and South 00 34' 05" East 180 feet from a 2 inch pipe marking the northwest corner of the Northeast one-quarter of the Southwest one-quarter (NE~ SW~) of Section 12, Township 2 South, Range 5 East; thence North 880 43' 55" East p.qrallel to and 180 feet ,distant southftrly from the northerly line of said southwest one-quarter (S\iI[t;) a distance of 132 feet; thence South 00 34' 05" East a distance of 30 feet; thence South 880 43' 55n~vest parallel to and 210 feet distant southerly from the northerly line of said Southwest one-quarter (SW~) a distance of 132 feet; thence North 00 34' 05" West a distance of 30 feet to the true point of beginning. 2e The perpetual right of ingre 9 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 1 i ne and for t he removing of same if and when ciesireQ by the Grantee, its successors and assigns; TO HAVE AND TO HOLD the above described right-of-way with all the appurten- ances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees '"rith the Grantor_ as follows: 1. That, in connection with the installing, operating, using. repairing, replacing, maintaining and removing of said 8ft 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 in a cond- ition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible. 2e That. during operations involving excavation, it will remove the top- soil from the trench area to a depth of one foot, or to the full depth of the topsoil, whichever is lesslI and stockpile said topsoil away from the site any lar.ge rocks or sux'plusexcavated material or any kind of 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 th~ finished surface in substantially the same condition that existecl prior to the beginning of operations except that the surface of backfilled ar~ may be mounded suffict~ntly to prevent the formation of depressions after final settlement has taken place. 3. T6 install said sanitary sewer line at such a reasonable depth below the surface of the earth as will permit normal cultivation of the grounde 4e To operate, use and maintain said 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. P:'\t _____-..___-.__________.,..~_.,..~......__.:.__<l:IC"""'~__'..,'~_~__...._..~___~..,.__________----- - ........- BOOK 2 4- ~~GE 81 60 In the event that it should become necessary for the Grantee' to re- enter the Grantor~_ premises for the purpose of repairing, replacing, main- taining or removing ~Ji@,njJ&r;:L~ewer main line, the Grantee will reimburse the Grantol'L, for any actual damage done to the GrantorJL, premises or cropso 70 None The Grantor,il_ hereby covenant.a_, and agrees._ with the Grantee as follows: L That at no time will ,_>.they build, construct, erect or maintain any permanent structure over or above the said _sanitary sewer line unless such structure is built, constructed and ~taIUedin-'Such-'a-'manner thD,t it would not interfere with the operation, use, repair, maintenance~ replacement and removal of said sanitary sewer line 2. That the Grantee may peacably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor~ or their successors and assigns" 30 That _ the~ hax~ ,___________ lawfully seized of said premises; that th~x have ______ good right and lawful authority to sell the same and that theL and _their, heirs~ executors,1 administrators. successors and assigns., shall ,.<arrant and defend the title to sald premises unto said Grantee, and its successors and aS3lgns forever, against the lawful claim and demand of all persons v{homsoever" It is understood and agreed by 8,nd behreen t.he 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 dHEREOF~ the Grantor~"_-h~~ hereunto set their hand~ and seal~ and the Grantee, The City of Bozemanl has hereunto set its hand, by its Mayor and its Clerk of the City COmnLission, each thereunto duly authorized, and ha,-s caus:? it s c~r?orR.te 2eal to be affixed, Fll:)., on this j;' [' / /.( day of ,/./Zn.,~.", 196J,ol C)14(()Ae~1I~1~ lrrtk E ~tf ffr; c-I THE CITY OF BOZEMAN ...-/ _.,~;;~~>"~~ . ~. -.......~~---~ .....'-.- _/~;/>' ./. .' // / ,/ ..... ./y .. . . :/ . ,.....~-;.:.~~,,"",.~'>- / .-" MJ.y~r>./ ' ....--"--- ATTESTg /.., (T'/ (-: ,crl.-.;:./, .'....'..,;./.' . ./ // (, ;/.~ ,/f 1.'- '~... .[~."i".'~~/.- '~I. 'I . " Clerk of the City Commission APPROVED: ./ - '.J ;6, r)- I ~ -~ <--. I.L _J" .-( . ;p " /.... tj, . (;/ '" '- City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial 5:lll,'tliEl"daJ:',and year in this Certificate first above written. !.". I t I 'r, .' .',c ."....;. 'J . . . ~ ~ ..... .; ..... <>~:" ,.:. "\ j. l: I 11 " (',: : ."" \, ,I I " ~:. l >I \::. .. . l r" ~ :. : ;: J "... t ~ - ) t..~... .... ,: ~,/ :'~ }-.- Seal BOOK 24 ~)A'GE 82 STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this 25th day of July , l~6 7 before me. the undersigned a Notary PUblic for the State of Montana, personally appeared Clifford E. Hallesy and Maybelle, Hal1esy, husband and wife known to me to be the person.,L described in and who . signed the foregoing instrument as Grantor..JL and acknowledged to me that they had executed the same freely and voluntarily, for the uses and purposes therein expressed. '. " ....... .,' ( . ~ ~ ir ;- ~~';~li: for the S at;::M~~tana Residing at Bozeman, M ntana My Commission Expires -January 20~ 1970 ...-> STA.TE, ,OF,' MONTANA ) : ss ) COUNTY OF GALLATIN On this 20th day of September , 196:L, before me, the undersigned a Notary Public for the State of Montana, personally appeared Edmund P. Sedi vy and Erna 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 WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above writteno . 1\1\11<,., . , ,~ l '. // ,./.(/ ':.:~.~"-/'-~'({; ~.'--:r'~"~-',;. 'C- .,.;-,--,,- ~ (Notary Public for the Sta~ of ~ontana Residing at Bozeman, Montana My Commission expires. Januarv 20. 1970 .... ,....' ,.~ ,/ \ ,_ 1 1\ r. I /1 ': ';: -~ ) . ., 'I f. -, , ,,' (: :~ : ~i ::: 'f r III~. ~ ~ .. \. ' , .~ , '., (,'~, .- . . ',j, . ~ ... " ", 04."" ~ ,.' ,'.\ ,.- \';i f'~I.' <, 1 (\ It.,,/ ( ~i ,.~_l.. INDEXED .'11111'1'11.....1 PLATTED State of Mont" County of GallAtin. S5 ri!cd for record_ September 22 , 1967 at 2: 40 PM" and rccorCcd in BOfl!{ ___,?,ft_.,.. oL.,_.~,Mi_~~_ellaneous~ ._page-12 CARL L. STUCKY Recorder. Ey .-~ (!) C:UcJ~~ Deputy FEE: ---- RT. CITY OF BOZEMAN )... ~ .J ~ ,Of' ,O~ ~ ~ ~90/~073 3::>/.,y/7i7'N ~ I.( ..... (j ~ ~ I\:- l(}1 -f..s" ~ ~' ....;:.,. ~ ~ >60.- .... ---';S- ~ ~ ~ O<;:!.., ).. ~ ~ 0 h. -..:>- ~ -..:>-.... :>-, '--' ~ ~ I ~I ~ ~ ~ SN19go.,:y 'S'r \l ~ ~ <: ~ " '" >0 , 0.1 I ~ ~ ~ >& ~ '-/ "3,,9'0 ,Pf'oO ~ 2:lgM35' 'IV;'.>' /,2'1 tJNI.L>-IX:7;; ,0'9'61 R <: - -.... 7) I.U -.J "t ~ 88 39tfd -IT ~ )ices t- 4J ~ ~ ~ ~ ~ s: ~ ~ ~ <> I\- ~I ~ ~ :;:: ~ ~ ~ ~ \l::l ~ ~ 'i. 4J Vi V) I ~ .... a ~ fl') ~ \:4 {.3;;'17 'P0