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Home My WebLink About67- Kenney Easement BOOK 24 PAGE 94 .. EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR CONSTRUCTION & MAINTENANCE OF AN 8" SMUT ARY SEI^JER l'iAIN. THIS AGREEMENT, Made and entered into this 25th day of Jul:.v A.D. 196.1..., by and between Al fred H. and Eva A. Kenney, hm;h;md <1nd wi fe part iee 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 ownerJL of portions of the Northeast one-ouarter of the Southwest one-quarter (NEZ: swtJ Section 'fwelve (12) Townshio. 2 South Range S E. M.P.M. being an area qing South of West Babcock -. Street between Eleventh and Fifteenth Avenues South in the City 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 sewer main 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 Grantor~, 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. / At" NOW, THEREOFRE, in consideration of the- sum of $.1; Qt:>. 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~ ha.ve granted, bargained, sold, conveyed. and confirmed, and by these pre- sents ~ hereby grant, bargain, sell, convey, and.confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: BOOK 24 t1AfiE 95 L, A perpetual easement and right-of-way for the purpose of installing, oper- ating, using, repairing, replacing~ maintaining and removing an 8 inch sanitary sewer linet,hereto upon and across the above described property of the Grantor~ said easement and right,",of-way to consl st of a strip of land feet in width lying and being ~. 15 feet each side of the center line of said sanitary sewer and more full~y described as follows: . Beginning at a point which bears North 880 43' 55" East 264 feet and South 00 34' 05" East 180 feet from a two inch pipe marking the northwest corner of the northeast one-quarter of the Southwest one-quarter of Section 12, Township 2 South. Range 5 East; thence North 880 43' 55" parallel to and 180 feet distant southerly from the northerly line of said southwest one quarter a distance of 66 feet, thence South O. 34' 051t East a..,distance of 30 feet; thence South 880 43' 55" West parallel to and 210 feet distant Southerly from the northerly line of said southwest one-quarter a distance of 66 feet; thence North O. 34' 05" Hest a dis- tance of 30 feet to the point of beginning. 20 The perpetual right of ingre 5 and egress to and from said tract of land at all reasonable t.imes for the purpose of installing, operating, using, repairing, replacing and maintaining said ,_~~B:Di~~SL_~ewer line _.~--~,~....... and for t he removing of same if 8,nd when cie sirea by the Grantee, it s succes SOl'S 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\.dth the Grantor~ as follows: 1.. That, in connection Hith the installing~ operating, using. repairing, replacing, maintaining and removing of said ~. sanitary sewer it will replace, at its sole expense, all existing fences. ditches and other appurtenances of said I.and that may be disturbed by its operation in a cond- ition equal t..o the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably' possible.. 2. Tha.t, during operations involving excavation, it will remove the top- soil from t.he 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 have been ,exposed by the excavation and remaining after backfilling is completed, and will leave th~ finished surface in substantially the same condiUon that existed prior to the beginning of operations except that the surface of backfilled ar~ may be mounded suffici~ntly to prevent the formation of depressions after fi.nal settlement has taken place.. 3.. To install sEtid sanitary sewer depth below t.he surface of the earth as the groundo line at. such a reasonable will permit normal cultivation of 4. To operatel} 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 r:; ./' -.: ~~ ____EC>,ClIII>""""_,_,............_,'O'Y'-._CO=.-.'....<ocICI._,.....'"""'....,~CK:l=.,...a:.<::Eo<:..:lC=._......,_=_>_,....J,__3<1C::'...:......:-.:......,.......~,"-'_=-:.........-.~..._...,,__..._____________ 30 That they have_~_ lawfully seized of said premises; that they ha~ . good right and lawful authority to sell the same and that they and ~~elr __-. heirs" executors)/ administrators, successors and assigns, shall vJarrant 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" BOOK 2 4 ~)Al1f 96 60 In the event that it should become necessary for the Grantee. to re- enter the GrantorJL premises for the purpose of repairing, replacing, main- taining or removing an 8" s_~~tary sew~ main line, the Grantee will reimburse the Grantor.E-., for any actual damage done to the Grantor,!L. premises or cropso 70 None The Grantor2., hereby covenant~ and agree~_. with the Grantee as follows: 1. That at no time .will ~~ build, construct, erect or maintain any permanent structure over or above the said_ sanita!,'y sewer line unless such structure is built, constructed and maintaIne~--a-manner that it would not interfere with the operation, use, repair, maintenance9 replacement and removal of said sanitary sewer line 0 2. That the Grantee may pe.''Jcably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor~ or their successors and assigns" It is understood and agreed by and between 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 Grantee.. IN WITNESS WHEREOF 9 the Grant.or~ .~ ha~ hereunto set their hand sand seal.fr.. and the Grantee, The City of Bozeman, has hereunto set its hand, by its Mayor and its Clerk of the City Comm__ission,each thereunto duly,jauthorized, and ha.sca~s1',its c?rporate 2ea1 to be affixed, all on this ,;((.~:;{ day of ')"/>'/"'lu4:., 196J<,/ I . 47(A~h,~~ fL /, 4'" __ 1.:::.-t:l..--l / ft, _'./1j 1.1 -e':::Z ~p~ ~ /---. THE CITY OF BOZEMAN E'. / ///~~//////// Bl ~~;--"?"'.;'" /< 4(";;:;~'" < . </ . ~.. .."--"-'~ ./" Ma~r--~-~//~ ;/ ,../ ATTEST~ :? /?7-r<--< 1/~~~:1r/ {/.! .d . t/ Clerk of the City.Comrnission APPROVED: ) -or:' , \ F. c---::'j__<' ,I L f..-ir / {.4 ...".Z~ ) ---);? { . J~i ;7.//\ , 1 City Attorney STATE OF MONTANA ) o ss COUNTY OF GALLATIN ) aOOK 24 PAGE 97 On this 25 day of July , 1.,6.:!.. before me, the undersigned a Notary PUblic for the State of Montana, personally appeared Alfred H. and Eva A. enne husband and wife known to me to be the person~, described in and who signed the foregoing instrument as Grantor~ and acknowledged to me that they had executed the same freely and voluntarilY9 for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal ,ofi'theday and year in this Certificate first above written. ~ , ,r...... ,.' , , .. i !: /, ", \ ,--.,;L--'{~/ )' ~' d;' -;/.-- / .'". _. .., ~f/ ... ,-.- I : ,,0\, . ',. .!,.: : " - > ...\ I ,.' ~r_ Notary Public for the ate of Montana Residing at Bozeman, Montana My Commission Expires-January 20, 1970 . . ~ ~ . . STATE, ,OF"MONTANA ) g ss COUNTY OF GALLATIN ) On this 20th day of September f) 1962, before me, the undersigned a Notary Public for the State of Montana, personally appeared E&mmd P. Sedivy ___ and _~a V. Harding , known to me to be the Mayor and Clerk of t.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 i'lHEREOF 9 I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. . ? . "/", ~,r;L/l:,(/ 17 t( -0~' / "J_' ~_ .,,--c 6/, I' .i otary Public for the Sta of Montana ReSiding at Bozeman, Mont na My Commission expires. Ja:r::.uury 20# 1970 -. , - ,./ I.' , " ' k.-....,:/..'~l....~,.r~' /!~ if 'U { ,.!'.:lc INDEXED _.~ '---:- PLATTED ' ,/ State of Mont" County of Gallatin. 55 Filed for record .' September 22'91967 at 2: 55 PM,. and recorded in ['y'C --;ZLof M;sce(~laneous" _ page_ CARL L. S.TUCKY _____Hccorccr, By v ~'.A> C/, ;:::Jc~~ j Deputy FEE: ---- RT. CITY OF BOZEMAN - ~/6T1N(j 12" .:54N. ..::5EWE,f BOOK 24 PAGE 98 "'- -g ~ , ., ~ " ~ .. ~ ~ N'>I ~ ~ 0-- ~ .... ~ , '" ~ <: k' (S ~ \.1\ ~ ~, I) ~ it ~ l:h , .. <.A ~ ~ lh '" l'\ l'l\ ~ ~ ~I ~ /\j :~j ~ ., I I I T SOC~4'os"e _..r> 0::: t: ~ ~ ~m I" II'- ~ f'l'i I~ I ~ . {l.. to. 3: Il1 I 't s. () , SUTTER e KOleK ~,.:-- ~<$"D *..-v. :.-'Vy ['E::\ I I~ tl:J ~ f) (\ " )l;: ~ <s ~ '1 '" ~ ~ ~ 0- {}\ ~ t.O,A. REel,; 30' .30 I ~ ~ ~ ~ ~ "'<