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Home My WebLink About82- Fechter Easement lND~:X2f). .1 ,L;..!TtD 1 \ fiLM 72 E 640 Ci ty of Bozeman ~.--" 1 'rAG . 10245 , , State of Mont., County of Gallatin. 55 Filed for rbcord Oct 6 t 1982 at!:O : 30 AM.., and reeorded.. in Book 72 ~ MISCELur~ ::::-64. 0 Puritlg CI. f.hiA~A ._,._..Recorder. By_ ~ 'A ~ t:J /M j . .Dprlllt' EASEMENT AND RIGHT OF WAY AGREEMENr FOR "_" W~TLR__MAUi~N_?TAJ-LATl.QN.....___.__ TH IS AGREE~~ENT, Made and entered 1 nta th 'i S __-.17th day of September ____ /1.. D. 1 S 82 , by and between He1.en _~_' Fechter ___.,___~~__._~__._____ partL of the fit"st part, hereinafter called the Grantor. and THE CITY OF BOZEMAN, a municipal corpor- ation 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 Grantor is the legal record title owner of _ N~~ of Section 5, R6E, T3S WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a water main .' and necessary appurtenances to serve va ri ous prope rt i es 1 oca telw;{.tjQ~nxtjQ.l' south of ~:i:lrljb?mxt:0 the Ci ty of Bozeman and one or more such 1 i nes 'w-ouldrunacross the Grantors land; and ~ WHEREAS, The Grantee desires to acquire from the Grantor , and the Grantor , is wi 11 i ng to grant to the Grantee an ease- ment and right of way-iicross the above described property of the Grantor , and her heirs, executors, administrators, successors, and assllgns, for the purpose of installing, operating, using, repair- ing, replacing, maintaining, and removing said. water main and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particul- arly provi ded. NOW, THEREFORE, in consideration of the sum of $;<~"()"-,, 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 Grantor has granted, bargained, sold, conveye~ and confirmed and by these presents does hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: 1. A perpetual easement and right of way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a water main thereto upon and across the above described property of the Grantor , said easement and right of way to consist of a strip of 1and--- thirty (30) feet in width being more particularly described as follows: The east half of Sourdough Road beginning at the northwest corner of Section 5,'R6E, T3S, MPM, Gallatin County, thence southerly a distance of 247.5 feet along the west line of said Section 5, thence east thirty feet, thence north and parallel to the west line of said Section 5 to the north line of the Section, thence thirty feet west to the point of beginning. ,i . nut 72'~f 641 2. The perpetual right of ingress 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 water main 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 Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantor___ as follows: 1. Tha t , in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said water main it will replace at its sole expense, all existing fences, ditches and other appur. tenances 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 wi 11 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 for replacement over the trench, and will remove from 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 the finished surface in substan- tially 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. 3. To operate, use and maintain said water main in Ruch manner as will not hinder or prevent the proper cultivation of the tract thr~ugh which this right of way is hereby granted. 4. In the event that it shodd 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 for any actual damage done to the Grantors premises or crops. .2- . , s. ~~ 72~~ ~2 The Grantor__ hereby covenants and agrees 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 water main unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainence, replacement and removal of said water main . 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor or her successors and assigns. ....... 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 asslgns, 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 1s understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, admln1etrators. successor and 8ss1gns of thq G~.ntOT. and "poa th. aucce~9ar. and assigns of th~ Grantee. -3- . . . wu 72eA'GE G43 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. c ",/" /,--;:-"~'-' "L ,..l. .t:,. (-, "/'<-" <- i, .-- STATE OF MONTANA ) : ss County of Gallatin) On this :2'")1'r day Of~ 198-.2., before me, a notary public in and flDr said State, personally appeared ~ E. ~~ known to me to be the person-Whose name' is are' subscribed to the within instrument, and acknowledged to me-that _~ executed the same. ",\,,\~ll II ~ I! /1'/,.,. ~(I.~ \,\ ,... ~...;.. ,I'~ rotary ublic for the /~;':' "~: ":.?:~:.:;\ State of f10ntana Residing at Bozeman, Montana (\. t.C' <~~.) ) My Commission EXPi:;S J ~. -S.-o, ('IF" -"4 ,"",'~'" ....;~ .;;; ~~ " '/>~-~'>r,~'~;.~~:::~::.'~~ . . . lq~ 7'1 F. b44 TilE CITY OF BOZEMAN ~~~ ,!:nEST: ,;;t " ;, ..~ tl~ ' I \,\1 'ql) 1 n . ~U --~---_.~ . 'Clerk of ConJni 55 i on APPROVED: . -~~+ City A 0 n0Y STATE OF ~10NTM~A ) $S County of Gallatin ) On this _?!_",:h.day of September , 19_~~_, before me, the _ _.._______.___~'_,.,,_.r'. _ ~_.._,__ undersignc>d a Notary Public for the State of t~ont.'ni1, personally, app('an~d ,__.81Lred_l1:.._~.:tifL9D9...8Q!?irLL Sull ivan known to me to --- be t.he Mayor ilnd Clerk of t.he City COflUllission respectively, of the City of Rozeman, whose names are subscribelj to the within instrument and acknovJ1Ntued to me that thf'Y executed the 5<1111(> for and on behCllf of said City. IN ~IITNESS ImEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. ,\1.1t\tU..,~,! \"",'~ C ,r"lll; _,0' .' ~ ,'~ I~/ "JI 1/,. ;. ""..... '.41~., '... A ~ ty:,.,..~d \ /" ,';",' ~ ~..~ r~ '~. _'k'7.{ "L.~~ {r r, ,c'L't./2_Lt-/ j?, :,' ,\ -.- . ':'el' "., ,......-::.. '0 .' . ,.j 1'4( '. '-: " ,_. - . ~ {' - : : ,-'" , \; .' Notary Public for the State of Montana .: :'\ -; . '. r ; :: ~_' "~)""'\........: f Residing at Bozeman, Montana , ", ~... .:: My Commission Expires April 30, 1985 \~, J"." ,~ ....-: ~-',--'...',-----~.- ~ ~""""',' ,'~ . ~ ,..r~' ..,-' '. .^ "," ""~1,\,,;i\' -5- . . .z Pl-\kCLL NO. '~ 0 J 0 \, of; / . . 0 - . . ct , I en I , (~ FlUt' 72 PAGE 645 W I j: :J a::zu> " \~ \ :> O--lr 0 I 0 lL. <( a::: w3: :> \~ j 0 I t-a..I if) I I I z-<.!> \~ wo...- :2 J: ~ wD:r ' -.., \~ cnw ..,.. .- I ' r:t: <Ct--t- ~--- ---- - ---- - ~ - ~ r-- ~ --~ - ---- w<lZ ~":) . I J I I- 0 ' 1% rz(,) . ;: ILl _ J) <Xc:{ , ~:: ~ 3:~z o Q. I 11 ~ / l1..W- ON~ ~o--l i / :r:m-1 I I I . I <.!>lJ....<( , / Ci:O<.!> , I >- l- I , : :1 ; - , t.J ., I l I :1 , I I , \ , T 2 5 32. w --------- ~-~-~ ~ -- ..,--- ----- - -- - ~ ' -- .,SJ T 3 5 ...l,p~1.' I~S.:~ 5 " ,:.- ' 10.<;' 1/ I I I I q~ / Q' ~ / E I/] II) 1: / I II) I I ,.f I ~~ / {~P ( L~ I ~ I I I I r{? 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