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HomeMy WebLinkAbout67- Sutter Easement - BOOK 24 PAGE 99 EASEMENT AND RIGHT-OF-WAY AG!/EEMEN-T FOR CONSTRUCTION & MAINTENANCB( OF At\J 811 SANITARY SmvBRHAIN.- THIS AGREEMENT, Made and entered into this 25th day of Jul~ A.D. 196-1, by and between Ralph E. Kenck and Dorothy S. Kenck. husbind and wife, and William J. Sutter and Ann Sutter. husband and wife. part~ of the first part, hereinafter called the GrantoIL, 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~ of portions of the Northeast one-aua.rter of' the Southwest one-quarter (NE1~' swJ) Section Twelve (12) Townshio. 2 South Ran~e S E. M.P.M. being an a.rea ~~np-' South of vvest Babcock Street between El eventh Rnd Fifteenth AvemleR 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 GrantorL, and the Grantor...lL are willing to grant to the Grantee an easement and right-of-way across the above described property of the Grantor~ and theirhelrs, 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. /It-f NOW, THEREOFRE, in consideration of the sum of $ /'/Att in hand paid by the City of Bozeman, the receipt tihereof 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 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 tJAGE100 ~ L A perpetual easement and right-of-way for the purposeo! installing, oper- ating, using, repairing, replacing~ maintaining and removing p/ an R inch ~:4ni t..<1-t7 sewer line _ thereto upon and across the above described property of the Grantor..a" said easement and right~of-wF.y to cons:i st of a strip of land thirty feet in width lying and being _Jj feet each side of the center line of SRid sRnit.:4Y'j' SAWAY' JOlnn mol"p. f'll-l"1;y np~('l"ihl'>d pi f0]]0'.'. . Beginning at a two inch pipe marking the northwest corner of the Northeast, one qU8,rter of the Southwest one-quarter (NK~ swi;) of Section 12, Township 2 South, Range 5 East; thence South 00 34' 05" East along the westerlJT line of said re<t1_'i~peast one-quarter of the southwest one-quarter a distance of' 180 feet to the/point of beginning; t.hence North 880 43' 55" East parallel to and 180 feet distant southerly from the northerly line of said southwest one-quarter a distance of 264 feet; thence South 00 34' 05" parallel to the westerly line of the Northeast quarter of the southwest one-quarter a distance of 30 feet; thence south 880 43' 551t West parallel to and 210 feet distant southerly frorn the northerly line of said southwest one-quarter a distance of 264 feet; thence North 00 34' 05" West a distance of 30 feet to the true point of' beginning. 20 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 __bll sanliql'';L~eW~t ] ine -~._~.~-~-~-- . and for t he removing of same if and when oesired 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 t.o its successors and assigns forever" The Grantee hereby covenants and agrees I,Jith the Grantor~ as follows: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said 8" saniti'lry 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 8_S 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, vlhichever is less~ and stockpile s8,id topsoil away from the site any lar:gerocks 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 b;y the excavation i'llld remaining after backfilling is completed, and ,.rill lea,ve th~ finished surface in substantiallY' the same condition that existeu prior to the beginning of operations except that the surface of backfilled ar~ may be mounded sufficl"Bntly to prevent the formation of depressions a,ft.er final settlement has tClken place. 3. To install said _~~~.itary sewer line at such a reasonable depth belm'I the surface of the eal,th as will permit. normal cultivation of the groundo 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-w,'3_Y is hereby grant eeL 5. . .. ,fell ,. _----~-,..,~-.._--_.....<M3...."""'.-.~....ac~""L.>-......>.-""""'=~...,"~.~,...>, _._..'''''-.L2II..-._......,.n.~''IU.-:>_,_~_-'-''______________ ~-~~-' , BOOK 24 PAGE101 " 60 In the event that it should become necessary for the Grantee'to re- enter the GrantorL, premises for the purpose of repairing, replacing, main- taining or removing ~~~nit,~!~~.main line,t-he Grantee will reimburse the Grantor@_. for any actual damage done to the Grantor_ premises or cropso 70 None ___.-.._~~_"--=-:..r."""""'- The GrantorjL, hereby covenantli_, and agreel!.._, with the Grantee as follows: L That at no time will _:I;.hey_ build, construct, erect or maintain any permanent structure over or above the said " lilanitarv sewer line unless such st.ructure is built, constructed and maintained-in suchamanner' that it would not interfere with the operation, use, repair, maintenance? replacement and removal of said sanitarY sewer linA __.._ 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", 3~ That ,_ they _ .__have lawfully seized of said premises; that ~ ,_ have _ good right and Imvful authority to sell the same and that _:!iJlev and .their. heirs~ executors1 administrators, successors and assigns, shall Vlarrant and defend the title to Bald premises unto said Grantee, and its successors and as~)igns forever$ aga.inst the lawful claim and demand of all persons whomsoever It is understood and agreed b;y and betvleen t.he parties hereto that this Agreement shall be binding upon the heirs~. executoTs~ administrators, successors and assigns of the Grantor,~.. and upon the successors and assigns of the Granteeo IN 1{[TNESStJHEREOF,~ the Grantor!_" <2~~, hereunto set their hand~ and seal_ and the Grantee,9 The City of Bozem8Il1 has hereunto set its hand, by its Mayor and its Clerk of the City ConmLi.ssion$each thereunto duly authorized, and has caused its corporate 2eal to be affixed, all on this I g day of .:;'.~'p!'f"'lt-f/- ~ Ij67" ~(' -u'~ / t ,'--p ). X~~'. ~ ~ ..- ~ ..'""'-' QA__~-t/C.</ /J -J~""""""~ ~ I .~~ ~ __ a~n( it Q;;,r;t;i - THE CITY OF BOZEMAN ATTEST: / . / :-;--'"'. < ../ //~/ // Lc;//Y/./. ../ gV:>r~4ft'~~ .>r:/..:,;;>dX:I.-<'/ ,;/ /,..' Mayop u". ...._..,,<" // c~ /' (-// ;/ v.:'-(;I;'~" I. (r'/,~';<d;y Clerk of the City Conunission APPROVED: ./ /' oJ)' ., {i L <' /~(Tf City Attorney BOOK 24: PAGE 102 . . . ." STATE OF MONTANA ) ~ ss COUNTY OF GALLATIN ) On this 18th day of September, 1'16..1.. before me, the undersigned a Notary PUblic for the State of Montana, personallY' appeared Ralph E. Kenck & Dorothy S. Kenck, husband & wife & William J. Sutter and Ann sutter, husband and wife known to me to be the person-E., described in andwho.signed the foregoing instrument as Grantor -!, 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 above written. ....... cf .;:> 'I / / - ~~-~-/ --.. ~ ~~/ . " , "! . ". " 1.' "\. I .' otaI'Y Public for the S te of Montana Residing at Bozeman, Montana My Commission Expires - January 20, 1970 STATE OF MO~TANA ) ~ ss ) COUNTY OF GALLATIN ? 196~ before me. the personally appeared , known to me to be the City of Bozeman, whose names me that they executed the On this 20th day of September undersigned a Notary Public for the State of Montana, Edmund P. Sedivy __ and Erne. V. HardinG Mayor and Clerk of the City Commission respectively, of the are subscribed to the within instrument and acknowledged to same for and on behalf of said City. IN WITNESS vmEREOF SJ I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above '\'Titt.en. ....t /\ .t," l' ". '"T" o. f./; ": t~/ < .< ~/ 1 'C; ---:-~- ,-~A:..J--( I otary Public for the St e of Montana Residing at Bozeman, Montana My Commission expires. January 20, 1970 , \ \ " . " ~)! I I "" I /' f-"''',:~ :'"-i"~ ,- t! I4..Y , \l i}....,) INDEXED PLATTED state of Mont,. County of Gallatin. ss Filed for record September 22 -, '1967 at . '3: 00 PM" and recorded in Doc:< _~_oL Mi ~ C p.l 1;;l n An!] ~ page~ CART. T.. S'T'TTr.KY F:ccorC:er. Ey __" ~-&-c--- 6'J. ;;)t'f~../}.J Deputy Fl~E: ---- RT. CITY OF BOZEMAN ----------: x ~x-x-x-x~x-x-><~x-x ~ ~/0 LINE ~_ C; l4 CJ ~ ~ ~ >\l '" ~ ~ ~ ~ CA l't) ~ > 'i " \ \PI ~ ~ \\) ~ ~ \> \} (I', ~ \)) (1.1 tJ , (" (J\ G\ , f11 , fiI' ";:- "( I [1'1 f:j /95. 0' .' BOOK ... ~A ~ 1.'>1 G--< ........ . " ~ S oC) .34-' OS II E:. - - -'~'-,.~..- Gj -/\ ~ ~ ~ ~ ~ () ~ ~ ::j N ~ , ~ .ij\ ~ ~ ~ ~ ~ \l ~ ~ ~ t~l , ~ ~ ~ ~ " 1 ' I~ ~ ~ t~ ,- I";: f,' ) ~ ~ \)) :~ l) ~ \J ~ X 30' 30/ 24 PAUE103- ~~ 10 ~ ~1 "'i -'\ (j ",., ,~~ ....;: <:. , ' ;\i r" ~ ~ C\ ~ '0l ~ ~ ~