HomeMy WebLinkAbout84- Daum Easement
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fiLM 168 PACf3121
EASEMENT AND RIGHT OF WAY AGREEMENT FOR
A SANITARY SEWER TRUNK LINE EASEMENT
THIS AGREEMENT, Made and entered into this
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~ 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
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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.
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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
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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.
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Ramona Michel McKean
The Parties of the First Part.
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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
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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"'~.~..~()" ,
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fILM 168 PACfJ126
THE CITY OF BOZEMAN
.,C\.~ z, l
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1tstCity Manager
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City Attorney
STATE OF MONTANA )
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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
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on the day and year in this Certificate first above
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Notary Public for the State of Montana
Residing at Bozeman, Montana
M;y CoDlllission Expires Ap r i 1 3 0 , 1985
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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
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A. M., and
168 of
Page 3121
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