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HomeMy WebLinkAbout67- Reel Easement BOOK 24- PAGE 89 .. EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR CONSTRUCTION & MAINTENANCE OF' AN 81t SANITARY SEWER MAIN. THIS AGREEMENT, Made and entered into this 2Sth _ day of Julv A.D. 196'1 . by' and between LutherD. Reel and Nellie K. Reel, husband and wi{e. partL- of the first part, hereinafter called the GrantorL, 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 Grantors__ who are the legal record title owner~ of portions of the Northeast one-quarter of the Southwest one-quarter (NEt SWt) Section Twelve (12) Township. 2 South RaLge 5 E.. M.P.M. being an area lying South of West Babcock Street between Eleventh and ~ifteenth Avenu~s South 1U the Clty of Bozeman, Montana 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 8" sanitary RflWflT' m:'l.in. would run across the Grantor land; and WHEREAS, the Grantee desires to acquire .from the Grantor~ and the Grantor~ are willing to grant to the Grantee an easement and right-of-way across the above described property of the GrantorJLJ and theirheirs, 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 $AdO in hand paid by the City of Bozeman. the receipt "hereof 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 confirm unto the said Grantee and its succe~sors and assigns the following rights and privileges forever: . 1. A perpetual easement and right-,of-way for the purpose of installing, oper- ating, using, repairing, replacing" mainta,iningand removing' on 811 sanitary sewer line . thereto upon and across the above described property of the Grantor2." said easement and right-of-1day to consi st of a strip of land thirty feet in width lying and being _15 feet each side of the center line of said sanitary sewer line and more fully described as follows. . 800K 24 PAGE 90 .' d ], 00 ,34' o' 5" Beginning at a point which tears North 880 43' 55" East 330 feet an Soutl1 . East 180 feet from a two inch pipe marking the northwest corner of the Northeast one-quarter of the Southwest one-quarter of S~ction 12,.. TownshiD. 2 South, Range 5 East. thence North 880 43' 55" East parallel to and 180 feet dlstant southerly from the northerly line of saig.southwest one-quarter a distance of 66 feet; thence South 00 34' 05" East a distance of 30 feet; thence South 880 43' 551t West parallel to and 210 feet distant southerly from the northerly line of said southwest one- quarter a distance of 66 feet; thence North 00 3ft' 05" West a distance of 30 feet to the true point of beginning. 20 The perpetual right of ingre ,3 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 ciesired by the Grantee, its successors and assigns; TO HAVE AND TO HOLD the above describeci right-of~.way ,dth all the appurten- ances and privileges unto the said Grantee and to its successors and assigns forever 0 The Grantee hereby covenants and agrees.dth the Grantor~ as follows: 1.. That. in connection with the installing" operating, using, repairing, replacing, 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 in a cond- ition 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 top- soil 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 the site any large rocks or surplus excavated material or any kind of debris that may hEJvCl been. exposed by the excavation and remaining after backfilling is completed, and will leave the finished surface in substantially the same condition that existed prior to t.he beginning of operations except that the surface of backfilled ar~ may be mounded suffici-ently 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-o'.r the earth as will permit normal cultivation of the gronndo 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. ;t - ____...._____..,~_O<M-_______._~._._~.:......_._:.:..,......:;;z.=.:._.._.:.~.__~~"""".~~L.tJ....o~<:IlI.o......._~__-=>_....-_____________ BOOK 24 ~1AGE 60 In the event that. it should become necessary for the Grantee' to re- enter t.he Granto!'"s, premises for the purpose of repairing, replacing, main- taining or removing ,_~M1j.J:.2..r..:L sewe;r...Jml. in line, the Grantee will reimburse the GrantorJL for any actual damage done to the Grantor..s... premises or cropso 70 None ~~.~~-~-'......~,~.......:'~ The Granto!'~ hereby covenant.@.., and agree~, with the Grantee as follows: L That at no time will ,~heL, build, construct, erect or maintain any permanent structure over or above the said sanitary sewer li.,ne _____ unless such structure is 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 any :i.nterruption by the Grantor~ or their successors and assignso 30 That --1~__, , have ., lilwfully seized of said premises; that they have good right and lawful authority to sell the same and that they and their ,heir8.9 executors~ administrators, successors and assigns, shall warrant and defend the tit.le to said premises unto said Grantee, and its successors and assigns forever~ against the lawful claim and demand of all persons '"homsoever" It is understood and agreed by and bet~"een the parties hereto that this Agreement shall be binding upon the heirs) executors~ administrators, successors and assigns of the Granto~~" and upon the successors and assigns of the Granteeo IN WITNESS WHEREOF ~ the GrantoY'1L, ,,__h~ave _. hereunto set their hand..Ji and seal~ and the Grantee.1 'fhe City of Bozeman) has hereunto set its hand, by its Mayor and its Clerk of the City Commission, each thereunto dulY}luthorized, and has cCZ~s~ it.s cor~orate seal Lobe affixed, all on th. s _:< c:. ~ day of J<r'&~'.9 196~o 7 ./ r/ 7"." .../;;) ,/ -~-?--tl'~~<::-I (~(. Af':c-r' ~ ~..".- I .' F I I if /' I' -: I / '* // Lt~// .- /I~ .=<-< k' // THE CITY OF BOZEMAN B ATTEST~ :J ' ) . II:: ~rt.-<'1> // -(J::!: ,~/ // (~ ).{ ,,-?-< ,--7... ~:~ Clerk of the City Comnussion APPROVED ~ ./ :r ,7.) \ '~- .r ./ ,I' (. .../~) ~_. .-./,~ il fl--, 'F"l City Attorney 91 SOOK 24 PAG~ 92 STATE OF MONTANA ) ~ ss COUNTY OF GALLATIN ) On this 25th __.. day of _ July , 1~6l before me, the undersigned a Notary PUblic for the State of Montana, personally appeared Luther D. Reel and Nellie K. Reel, husband and wife known to me to be the personL described in and who signed the foregoing instrument as Grantor ~ and acknowledged to me that they had executed the same freely and voluntarilYj 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 above written. ..\\,., ~~~t~"~JIII:'1 . I '''ot,. . . . . ~ . . . " ". (' ~. !'.. ~I j\ n f I ...~. ""~:".,' ." 'J, (:,;; h ' >-d' -c7 .- ,-;:"---- ,:-;;;;:- _(t/' tary Public for the Sta e of Montana Residing at Bozeman, Montana My Commission Expires -January 20, 1970 . : " ", ~,' t ~... "- :' STATE' OF..t-'laNrtNA '. ..... I ,,~ ~ .. :,.... ) ~ ss ) COUNTY. OF' GALLATIN On this 20th day of September j 1962..., before me, the undersigned a Notary Public for the State of Montana, personally appeared Edmund P. Sedi vy and Erne. 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 a.cknowledged to me that they executed the same for and on behalf of said City. IN WITNESS iVHEREOF $I I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above writtenc ~ ". \) I.' j ~ i I I , ~.,: ~ ~ ,J,'~ 'l. I /, ,I> .............. .) "~';' I -I, iI ~ l.f .... " <(.':' ~,1 A R ( . \ -:::'% ~t.. ~1 .(': t'. ~: ~ : ,~, ::: ~ --/. / \_--7::~",---~.l,(/ ~<..?--r--,->l/; ?-r '../ . otary Public for the Sta e of Montana Residing at Bozeman, Montana My Commission expires. January 20, 1970 " - "',-.' '-:,<:'" ~.;{<~.~/ ".. ."..:, ~, "'", ..\'>...... 'I '\.... \ . . \ I \ ~ ~ " f,~r~>~.I'~. -I;: (I 'i..J J t ." f. )1 State of Mont.. County of Gallatin. 55 Filed for record September 22 , 1967 at 2: 50 PM" and recorced in C,y.){ _,,?4____of_Miscellaneous 89 ARL L STUCKY ~ 62 '- \' page_ C . '-----.Eccorccr. Dy.c__._ '., J ./ I / ,- - _ d/t'Z_..L'C.-c.'.r.7/ Deputy FEE; ---_ RT. CITY OF BOZEMAN aOOK 24 ~GE 93 ~ ~ ftlL-< .... 'I''t -...J1 <J I ~*' LINe 7 500..34' OS"E I C--EXISTINt:j /z" 54/11. ScW~R /\ ~ ~ -.0 C) ~ ,.... ~ ~ ~ ~ , '" ~ "- ~ <: 11'\ ~ ~ , rl\ ~ k ~ ~ C:l ~ ~ " k' ~ ::;:; ~ & ~ (l (\) I~ '<: ~ \ ~ ~ ~ ~ Q ~ ~ (t( :& ~ ~ l1) ~' ~ /95.0' ~ ~ "\ ~ '" ,4/.-'&:"RED KC'NNY <0 G ~ '4 c', !';. 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