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HomeMy WebLinkAbout84- Daum Easement ". (D. . ,'" . e e . . / fiLM 168 PACf3121 EASEMENT AND RIGHT OF WAY AGREEMENT FOR A SANITARY SEWER TRUNK LINE EASEMENT THIS AGREEMENT, Made and entered into this ~ / f - day of ~ d ~ r--'-'~;.re./ A.D. 1984 by and between Harry M. Daum, Kathleen Marv Ellen Daum, Albert J. Michel, Ramona Michel McKean Parties of the First Part, hereinafter called the Grantors and the CITY OF BOZEMAN, a municipal corporation ot the State of Montana, in Gallatin County, the Party of the Second Part, hereinafter called the Grantee. WITNESSETH WHEREAS, The Grantors are the legal record title owner of a tract of land lying in the South Half (S;) of the Southwest QJ,larter (SWt) of Section Eleven (II), Township Two (2) South, Range Five (S) East, M.P.M. t 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 acroas the above described property of the Grantors, and their heirs, executors, administrators, successors, and assigns, for the purpose of operating, using, repairing, replacing, maintaining, and removing said sanitary sewer trunk and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as are hereinafter more particularly provided. Now, Therefore, in consideration of the sum of $10.00 and other considerations in hand paid for 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 Grantors have granted, bargained, sold, conveyed, and confirmed and by these presents do hereby grant, bargain, sell, convey, and confirm unto the - 1 - ~i I~ ()~ ~O :l~ , ", e e filM 168PACfJ122 said Grantee and its successors and assigns the following rights and privileges torever: 1. A perpetual easement and right of way tor the purpose of operating, using, repairing, replacing and maintaining and removing a sanitary sewer thereto upon and across the above described property of the Grantors, said easement and right of way to consist of a strip of land thirty (30) feet in width being more particularly described as follows: A strip of land located in the South i of the Southwest t of Section 11, Township 2 South, Range 5 East, M.P.M. as shown on C.O.S. Number 461 more particularly described as follows: A thirty foot easement, fifteen teet on each side of the following described centerline: Beginning at a point 15 feet south and 204 feet west of the northeast corner ot said Certificate of Survey 467; thence in an easterly direction 15 teet south of and parallel to the north property line of said tract a distance ot 189 feet, to a point 15 feet west of and 15 feet south of the northeast corner of said tract: thence in a southerly direction a distance of 602 feet parallel to the east boundary of said tract to a point: thence in a southeasterly direction para11elling the east boundary of said tract a distance of 150 feet more or less, to the point of intersection with the north right of way of U. S. Highway 191 at a centerline station 286 + 68 and the end of this description. 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of operating, using, repairing, replacing and maintaining said sanitary sewer and for the removing ot same it 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 Grantee and to its successors and assigns forever. - 2 - e e filM 168PACf3123 The Grantee hereby covenants and agrees with the Grantors as tollows: 1. That, in connection with the operating, using, repair- ing, replacing, maintaining and removing, of said 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 condition 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 leave the finished surface in substantially the same condition that existed prior to the beginning of operations. 3. To operate, use and maintain said sanitary sewer in such manner as will not hinder or prevent the proper use ot the tract through which this right of way is hereby granted. 4. 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 Grantors tor any actual damage done to the Grantors premises. The Grantors hereby covenants and agrees with the Grantee as tollows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said sanitary sewer unless such structure is built, constructed and maintained in Buch a manner that it would - 3 - , , . ~ e e FILM 1~8 PACfJ124 not interfere with the operation, use, repair, maintainence, replacement and removal ot said sanitary sewer. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any inter- ruption by the Grantors or their Buccessors and assigns. , 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, ad- ministrators, 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, admin- istrators, successors and Assigns of the Grantors and upon the successors and assigns ot the Grantee. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument the day and year first above written. ~. /" c...,Jy; ..;7/1 tt--?7~' Ramona Michel McKean The Parties of the First Part. - 4 - / ~ e e ss. FILM 168 PACEJt25 ,STATE OF IDAHO COUNTY OF CANYON ON THIS 18th day of April , 1984, before me, a notary public in and for said State, personally appeared HARRY M. DAUM and KATHLEEN MARY ELLEN DAUM known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, official ,p~fl:;l" the day and --:,:\!~~.:'~i:-.::i' "',,: :''/ ',":,. written..,:;",:," " II, ':;"f", '\i.";I:,.,',. "~,,l.,.~,,'~' t.;' ',(" I," ,'" <.-(l ., \\", fR r ~ ,t'V,., . 1\'1't~ l'~ 111)~' \. l-/, "" ~ t "'" f 0 f, \ I have hereunto set my hand and affixed my year in this certificate first above Cvano~~~ Notary Public for the State of Idaho Residing at Middleton My Commission Expires 4/13/87 STATE OF MONTANA ss. COUNTY OF GALLATIN notary MICHEL within ON THIS ,}2,j/ day of @ ~ ,1984, before me, a public in and for said State, ersonally appeared ALBERT J. known to me to be the person whose name is subscribed to the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first abQve written. Notary Public for Residing at 13tf: My Commission xpires , STATE OF MONTANA ss. COUNTY OF GALLATIN dv ON THIS ,J,j'" day of ~~ , 1984, before me, a notary public in and for said State,~ersonally appeared RAMONA MICHEL MCKEAN known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, official seal, the day and written. I have hereunto set my hand and ,a.fdi:i.fJI,Q,d my year in this certificate first"'~.~..~()" , :.~... '" ...~~,(l!tl"\' ".-...J ~, ...... ...... '):t'. .:. '. ,;, ... If.( .:.: :- ",,'-/ ....... . : ,,' Q ,. ")T" ('1 ~ ,'l"" " :;~ \. .. .. \ ft,: ;;,,,JI : '\-.1, :;",'0 :<fl - 5 - ....." \,' e e fILM 168 PACfJ126 THE CITY OF BOZEMAN .,C\.~ z, l ~r 1tstCity Manager " . ~ . '>I- 8sion City Attorney STATE OF MONTANA ) ) 8S. COUN'lY OF GALlATIN ) On thi. 27th day of August , 1984, before me, the undersigned a Notary Public for the State of Montana, personally, appeared James E. Wysocki and Robin L. Sull ivan known to me to be the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknow- ledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ~,"'~~~ Seal /" c..J!H.-W:~' '/'~~, ' t~~e~',t.,...oA\~ -' ....-: : Aft · !if - , '''1''~ ~ ~",..~" ~\l'An;. I ..~-r~ .; ,'.'~' i ".:" :: : 'SE ~. .~ :: ~~ ~ t '., ' \ : = -: "I.., A)-.1:.:: ~, ,...,~" .'''., ,. ,,' .- or::: _...~~'~~..""~:t"""~~........ ~ ~ 1'.. -'. .' ,,<or :.::- "a';'., .*' "".. " Y,- "'''""1" ..........' tit ~ ...~-::. C,,'I, ,'" ~ OF ).\~. ',.,\ ""f"ft'tfl>ll~~\ .,1 on the day and year in this Certificate first above ~M ct. d~ Notary Public for the State of Montana Residing at Bozeman, Montana M;y CoDlllission Expires Ap r i 1 3 0 , 1985 - 6 - \ . ~ .~ \ /~--- ~ ~~ //..-;... ~ --- f(:- ~"QI \ t\\ ~ \ ~ ~-:. \ ,-/ \ t \~ ~~- -il, >44- . \ ___ ~-~-. ,4 " \ .. \.- / ,_/ -' \i \ " . ,\~ \~~ \ 8 AI . I I .. ~ e , ~i" .., .. flL~ 168PACf3127 Ill!. '::t. ~. w lilt I "'-., ""-" . ()'lIT' ).... 'fi . . ~~u ",NO." -..~~. -----<;~~:~~~ ~- ~ :~ "''' ~ i · ~, ~ ' "- '\ \ \ \ \ \ ~I ~~ !~ i8 ii L.~._,. ,..) . . F{- - --- I ... I -.. ~ I '" 11\ ~ \ '0 ., '.. .. \ \- ~ 11 31: -~ ~ ;R 1.11 \ l"'- CD 'Ita Ai :II 11 '. .. t ri 0/1 "f .... ~ i I 8 w .. , .... $;' r ~ :i ";t · ~ . "' 'l.. '! wt!w Ii ~.. ~ ~ J~ " ~ : ,..... Ii ~ .. v . I ~ ,II.., i I Ot; ...,. ~ I:,.W ~ F C i j , ~ e .. J w 'J: ., IN k " M . - \~-- a; <0 ~ 'Yit ~ ill \-=-- 1 ~ ""7 ~ ul <( r \) . ~.> ", N'Q 0'" O. 1ft 00 0 o ..... a-o w~._r... o,J.;......,..JQ:. \ \ . #g ..... . .. . ~.. - t- .6. ~ ; - .~~ 00\ ,~ l..il.Uol" .... 8..... J . ~ r- ..... ~ \ ~ ~ i;"; i i Ii! Ii .. , c: <I ; ~ ~ . I .I .' .., .... ) ....l .U 0.1 .. ~~ ~ ~~ ') '352 t? ,~. Ul ( ::> "J at' ....1- 2~ G- !~ ... I . i .. , . ... . 1 . . .. . . . .. Ja'" In IS State of Montana }ss County of Gallatin filed NOVEMBER 25 at 9: 09 Recorded in book MISCELLANEOUS Sita" .. eftene' 6 County cler~k , cJr_~e~ dA By ,_atAtJ..ft:V ~~. uty Fee $ 42 . 0 0 RT: CITY OF BOZEMAN 19 96 . A. M., and 168 of Page 3121 I .Q "J:: w o .... .... Ql !;x