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Home My WebLink About67- Robbins Easement '8GOK 24 PAGE 84 .. EA$HMENT AND RIGHT-OF-WAY AGREEME~T FOR CONSTRUCTION & MAINTENANCE OF AN 8" SANIT AFtY SEWER MAIN. THIS AGREEMENT, Made and entered into this 25th day of .Tll"]}' A.D. 196L, by and between John B. & Lela R. Robbins. husbi'lnd ;md wi fA parties 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. WITNESSETH WHEREAS, The Grantor L who are the legal record title owner.L of portions of the Northeast one-quarter of the Southwest one-<;;JllArt.Ar (NF.~ ~W"~) 0e~H rm Twelve (12) Townshi 2 South Ran e E. M.P.M. bein an area street between Eleventh and Fifteenth Avenues South in -the Cit - of ana. and WHEREAS, the Grantee, in the exercise of its power and authority as a munici- pality of the State of Montana. proposes to construct and install an E)1I sanitary sewer main. would run across the Grantor land; and WHEREAS, the Grantee desires to acquire from the GrantorLJand the Grantor~ are willing to grant to the Grantee an easement and right-of-way across 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 access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREOFRE, in consideration of the- sum of $ ~ in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledged. and in further con- sideration of the covenants and agreements between the parties hereto, the Grantor_ have granted, bargained, sold, conveyed,and confirmed, and by these pre- sents ~ hereby grant, bargain, sell. convey, and confinm unto the said Grantee and its successors and assigns the following rights and privileges forever: . ~.~..~' .~~"'_,"'" ...'- ~-,~-._,.",..----,.-..........._, ~."---- BOOK 2 f- FJAGE 85 1. A perpetual easement and right-of-way for the purposeo! installing, oper- ating, using, repairing, replacing~ maintaining and removing'#, an 8 inch sanitary sewer "I i.ne thereto upon and across the above described property of the Grantor.1L, said easement and right-of-way to consist of a strip of land thirty feet in width lying and being _ l~ feet ea.ch side of the _rp.nt.p.r linA of !'\.<Iici RJmit.<lr}' sewer .<Ind more f1l11y des~rihed as f()llows~ · Beginning at a point which bears North 880 43' 55" East 396 feet distant and South 00 34' 0511 East 180 feet distant 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 parallel to and ~80' feet distant southerly from the northerly line of said southwest one-quarter (SW~) a distance of 132 feet; thence South 00 34' 05" East a distance of 30 feet; thence South 880 43' 55" West parallel to and 210 feet distance southerly from the northerly line of said southwest one-quarter (Sw~) a distance of 132 feet; thence North O. 34' 05n West a distance of 30 feet to the true point of beginning. 2~ The perpetual right of ingre 5 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 nasired 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 0 The Grantee hereby covenants and agrees '.-iith the GrantorJL as follows: 1. That, in connection with the installingj> operating, using, repairing. replacing, maintaining and removing of said 8" sanitary sewer it will replace, at its sole expense, all exist.ing fences. ditches and other appurtenances of said land that may he 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. 2c 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 less9 and stockpile said topsoil away from the site any large rocks or surplus excavated 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 existed prior to the beginning of operations except that the surface of backfilled ar~ may be mounded suffici1;ntly to prevent the formation of depressions after final settlement has taken place. 3. To install said ~anitary sewer line at such a reasonable depth below the surface of the earth as will permit normal cultivation of the ground~ 40 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 grantedo 5. it _________.-.-.___..-_""""____~_ca:>..".......___=><::K><Z:ICl.".,....,._.~'=<:IIIII_.....~~<_,._."'_"......_<:lII<&...._...----.--------------- SOOK 24 i~11GE 86 ... 60 In the event that it should become necessary for the Grantee ~o re- enter the Grantor...@.., premises for the purpose of repairing, replacing, main- taining or removing an 8n saEJt~:s'L se~er main line, the Grantee will reimburse the Gra.nto.c,.1L for any actual damage done to the GrantorJ:L premises or cropso 70 None The Grantor~ hereby covenant~.. and agree,JL with the Grantee as follows: L That at no time willJ.hey build, construct, erect or maintain any permanent structure over or above the said sanitary sewer line _~_,~.~_~~_,___.___~.__ unless such structure is built, constructed and maintained in such 8, manner that 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 ~nd assignso 30 That --1Qey have,____.__ _ lawfully seized of said premises; that they have .~___ good right and lawful authority to sell the same and that _~hey _ and _~_ 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.1 executors, administrators, successors and assigns of the Grantor~_, and upon the successors and assigns of the Grantee~ IN WITNESS WHEREOF ~ the Grantor shave hereuntoset their handJ:L and seal~ and the Grantee,' The City of Boz'e;-anj ~'s hereunto set its hand, by its Mayor and its Clerk of the City Commission, each thereunto duly authorized. and h~s 99'used it s ~orporate seal to be affixed, all on this :J..{:' rl day of .;/;',,/;,;,/(;, 9 1965..,,) / ('.-:> 0 p .. \ lA-, 1/1 A--l'-('~fl-,---V I 7r-~.- ,. - --~~~ THE CITY OF BOZEMAN r / , ,/ >//, , ,.' //.. / ~;c::.~'/ ,/ /-/;, /'. .~/...~. /..'."./,. &1;< ,/:" > ...../ I '>, ,0-...-o:"""'~" /K .. ... Mayor ,,/ - , ., . j ~ ../..-.... ATTEST~ >..,~) (t" :~ ,.,/'<.;.....,~ .~A._ / ///. >/. ,.,/. I'.'.:........} ,[.~,~-r' --.--::~......------_. Clerk of the City Commission APPROVED: -'J 2,/ , ) ~_L..-"',",". - ,.J'___.,~j .p; <.__-..:: '-~:::'~-C)~ l1' '1 / tJ. ". ,/ (/ c. City Attorney , aOOK ; 24- PAGE 87 STATE OF MONTANA ) ~ ss COUNTY OF GALLATIN ) On this 25th day of _ July, 1 fJ67 before me, the undersigned a Notary PlThlic for the State of Montana, personally appeared John B. and Lela R. Robbins, husband and wife known to me to be the person..!!., described in and who signed the foregoing instrument as GrantorL 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 on the day and year in this Certificate first a.bove written. .., -, ,Jf~(l ,-oL..-f4 \ i :.! I ",' , ,. ." . ". oJ' ~ : 'r', Notary Public for the Residing at Bozeman. ontana My Commission Expires - January 20, 1970 <' 'r. '." .... t,.. ,. STATE' 'OF MON'TANA COUNTY OF GALLATIN ) :; ss ) On this 20th day of September ~ 196-1.., before me. the undersigned a Notary Public for the State of Montana, personally appeared Edmund P. Sedivy and EI'llaJ[. Hardin~ , known to me to be the Mayor and Clerk oft.he 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 viliEREOF 9 I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certifica.te first above written~ , " (' .: -.0 .--~ ..-t;L---{(I" otary Public for the Stat of Montana Residing at Bozeman, Montana My Commission expires. January 20, 1970 '. \' I,. ..,..... " ~.,/fo>,j/;,.~\.r.,~,.. ~~';.:} :1 ",4..,)" J ~ ~,#.~ State of Mont., County ot ( . '", ,~:' tor rccord__$_~2_tember 22 at 2 ~~~L L ~ ~'T~;~;ecct~;:.-, i "~,~~o~~e-;:l+-~~~ ~;:~~;1! ~;~1 ;k;~,-~ FEE: ---- RT. CITY OF BOZEMAN , 1967 P2ge----84- Deputy BOOK 24-r'llGE 88 ~ r- r>t ...... G ~ " VI C) - <: I 95. 0 ' -1/, LINE. ? SOO..!J4'OS"C: ~ GEX/STlNq /2'" SAN. SEWeR " t ., t "- ~ ~ ~ ~ ~ C\! ~ ~ < .. ~ ~ ~ ., I~ :<:. to.. fJI ~ 1II ~ ~ "" );) I I:::::: ~ ...... ... ~ l'\) <: ~ ., it ~ rt\ t"D.A RE~I.,; L/ ~ .<;S> <::) ~ .~ ~ ~ ~ O<s> ~ ~ " <S> ~ '\ .~. ....... '\.,- "- ~ '<\ '1" \),) ~ " l\ ~ ~ (,) I() ~ IfI\ ~ ~ ~ ~ ~ ~ Ct.,/~;:ORO ,J./AL.U~SY ~ Rt '" ~ ~ 30' .10' ... ~ ~ "'i , ,