HomeMy WebLinkAbout72- Crabb Easement
,
..
.
f" .:
i,Jj
]
" 1~" !'~O'"
~ _f..l....' ,~
EASEMENT AHD RIGI{T OF \^lAY ACl\EETvtENT FOR
SANITARY SE1dEE PIPELINE
THIS AGREEMENT, Made and entered into this 28th day of
June, 1972, by and between C. H. CRABB and IRENE J. CRAB~lusband
and wife, and HARLEY CELANDER and Josephine::.... Celander , husband
and wife, parties of the first part, hereinafter called the Grantors,
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 are the legal record title ownersof
portions of the Southeast Quarter of Section 31, Township 1 South,
Range 6 East, M.P.M., in Gallatin County, Montana, more particularly
described below; and
WHEREAS, the Grantee, in the exercise of its power and author-
ity as a municipality of the State of Montana, proposes to construct
or' to cause or permit to be constructed and install a sanitary sewer
trunk line to connect with the existing sewer lines of the Grantee,
together with the necessary appurtenances to serve various pronerties
located within the area to be served by said sewer lines; and
WHEREAS, one or more of such lines will run across the
Grantors' land; and
WHEREAS, the Grantee desires to acquire from the Grantors
and the Grantors are willing to grant to the Grantee an easement and
right of way across the above-described property of the Grantors and
their heirs, executors, administrators, successors and assip,ns, for
the purpose of installing, operating, using, repairing, replacinp;,
maintaining and removinp said sewer lines and anourtenances an(l for
such other-rights of ac~ess and incidental right~, all as hereinafter
more particularly described;
NOH, THEREFORE, in consideration of the sum of $lO.OD
and other considerations in hand paid by the City of Bozeman, the
receipt whereof is hereby acknowledged, and in further consideration
of the covenants and agreements between the parties hereto, the
Grantorshave hereby granted, bargained, sold, conveyed and confirmed,
and by these presents do hereby grant, bargain, sell, convey and
confirm unto the said Grantee and its successors and assigns the
fOllowing rights and privileges forever;
-,_u_"
1. A perpetual easement and right of way for the purpose
of installing, operating, using, repairing, replacing, maintaining
and removing a sanitary seWer trunk line thereto upon and across
the above-described property of the Grantors, said easement and
right of way to consist of a strip of land described as follows:
Beginning at the South quarter corner of Section 31,
Township 1 South, Range 6 East, M.P.M., thence
North 385 feet, thence East 155 feet, thence North
45014 East 215.3 feet to the true point of beginn-
ing, thence West a distance of 306.72 feet, thence
North 30 feet, thence East 305.95 feet, thence
South 10281; East, 30 feet to the point of beginning;
containing within the above-described exterior
boundaries 9,190.2 square feet or .211 acres;
, .
"
F '.. '"
jJ
. .
., "'61
'l'''~.' I ') ,
. '.. ,-' L
Together with a construction easement thirty (30)
feet in width, 15 feet on each side and contigu-
ous with the above-described UTILITY EASEMENT,
said construction easement to be in effect only
during the construction period.
2. The perpetual right of ingress and egress to and from
said tract of land at all reasonable times for the purpose of install-
ing, operating, using, repairing, replacing and maintaining said
sanitary sewer trunk line, together with the necessary appurtenances
thereto, and for the removing of same if and when desired by the
Grantee, its successors and assigns.
TO HAVE AND TO HOLD the above-described right of
way with all the appurtenances and privileges
unto the said rrantee and to its successors and
assigns forever.
The Grantee hereby covenants and agrees with the Grantors
as follows:
1. That, during operations inVOlving excavation, it will
remove the topsoil 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, remove 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.
Grantee further agrees that it will leave the finished surface in
SUbstantially the same condition that existed prior to the beginning
of operations, except that the surface of backfilled areas may be
mounded sufficiently to prevent the formation of depressions after
final settlement has taken place.
2. To operate, use and maintain said sanitary sewer trunk line
in such manner as will not hinder or prevent the proper cultivation of
the tract through which this right of way is hereby granted.
3. In the event that it should become necessary for the
Grantee to re-enter the Grantors' premises for the purpose of
repairing, replacing, maintaining or removing said utility lines,
the Grantee will reimburse the Grantom for any actual damage done
to the Grantors' premises or crops.
4.
The Grantors hereby covenant and agree with the Grantee
as follows:
1. That at no time will they build, construct, erect or
maintain any permanent structure over or above the said utility
lines 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 utility lines,
- 2 -
2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by the Grantors
or their successors and assigns.
~
.
.-
.. '
r ''" ,~
j ;,~ ;0, \562
3. That they have been lawfully seized of said premises;
that they have good right and lawful authority to sell the same and
that they and their 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, executors,
administrators, succeSSOrS and assigns of the Grantors and UDon the
succeSSors and assigns of the Grantee.
IN WITNESS WHEREOF, the parties hereto have executed or
caused these presents to be executed the day and year first herein-
above' written.
PARTIES OF THE FIRST PART:
J/~~
'-"i/~' . .
~~I--=-C-rab .~" .'-::.~~~--"
-I~~:::;(C~Cb-':7U.-b ~-
rene u-: ra' /'.......,.,
>>L~t/ fL( ~('~4--~/~
HarAlev '-"Celander
fj L' , 1 (
)X(_~I ,) J'I ( (.. /,- c :J. (t'. . Cf1LC;,[ ( L
THE
PARTY OF THE SECOND PART:
ATTEST:
'E~t~~:r~l~f the City
Commission
STATE OF'!'!ONTANA )
ss.
County of Gallatin)
On this ~7tL day of k 1972, before me, the undersigned,
a Notary Public for the State of l'1ontana, personally appeared 9. II.
rabb and Irene J. Crabb, husband and wife, and Hartey Celander and
. , husband and wife, known to me to be the
ersons whose names are subscribed to the within instrument and acknowl-
edged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
the day and year first hereinabove written.
~ ..
t~. t:;
=.. ..-:. '. --t_
:. ~ .~'''' .... '0. _
~ ~":/"'~" ...~,.; .
......,;.... ~ ,./ :: ~~. _lIE.. .wt,'I''' \ -... ":' ".>"
'I,; J./ 'f: ~.~ _\~.,
II) 11111" """ 1 \ I"
.. - ~
_0~,~~~_~ ~~L~~~~.~___"__,,~
Notary PutllC for the State of Bont.
Residing at Bozeman, Hontana. l1y
commission expires ~_It-".--.L(l7.~~___.
~ ~ > , . to.. .. 1 ,
- ..,\; . ' ....~
.;." ., ~
1
- 3 -
~ -.
#
. .
Of
"
. ,
r I'.," '....It
1 i~ ',~ 1 \563
STATE OF MONTANA )
55.
County of Gallatin)
On this :::<&01. day of May, 1972, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared William
Grabow 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
my Notarial Seal on the day and
writ:ten.
have hereunto set mv hand and affixed
year ~~hiS certificate first above
I ' !
.< -. .
I .
Irt~f J!~, .
~pub'iiC r the State of :1ont.
Residing at Bozeman, Montana. My
commis sian expires ___ c.)-- jC-5.:...1L---
...,..~ .
. '\~ ~
.... '\ \.....
r " ..., .,'.
.;'lI :...
f'-., t ,.'.
\, ,J:""
~;""l. ~:. I..: ';: ~ ~
"1 "j. ~I :.-~'
INDEXED ,.,,4
PLAnED -~"<vi\
.J
State of Montana t
County of Gallatin f 55.
Filed July 7 , 1972
aL 3:25 P. M.,and
Recorded in book 14.. f
_ _0
MISCELLANEOUS Page~O
CARL L. STUCKY
County Clerk &
'&
eputy
Fee $
Rt: City of Bozeman
_ L~ _