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HomeMy WebLinkAbout77- Henderson Easement 1\ ..o.v r: r,,, . . It,.t ,).,( ~GE lh,}'.( EASEMENT AND RIGHT OF WAY AGREEMENT FOR __~__"___JA TF:R M8.llL TH IS AGREEMENT. Made and entered into th i s ,.~1..3th....... day of April A.D. 197}___, by and between CARROLL HENDERSON par't*- of the first part, hereinafter called the Grantor 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 Grantor is the legal record title owner of property in the NW~, Section 18, T25, R6E more particularly described below, and WHEREAS. The Grantee. in the exercise of its power and authority as a municipality of the State of Montana. proposes to construct and install w~tp.rmains and necessary appurtenances to serve various properties located within the southerly portion of the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS, The Grantee desires to acquire from the Grantor . and the Grantor _ -.is.... wi 11 ing to grant to the Grantee an easementand right of way across the above described property of the Grantor . and his heirs. executors. administrators. successors and assigns. for the purpose of installing. operating. using. repairing. replacing, maintaining. and removing said watermain and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly pro- vided. NOW. THEREFORE. in consideration of the sum of $ and other considerations in hand ~id 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 h~s granted. bargained. sold. conveyed, and confirmed and by these presents does hereby grant. bargain. sell. convey. and confirm unto the said Grantee and its successors and assigns the follow- ing 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 sanitary sewer thereto upon and across the above described property of the Grantor . said easement and right of way to consist of a strip of land .thirtY(30) feet in width being described as: Beginning at a point on the east line of the Butte Addition to the City of Bozeman, Montana said point being south 01 021 46" East, a distance of 19,00 feet from the southeast corner of Block 14 of said addition; thence South 890 591 06" East, a distance of 92 feet to an angle point common with project station 3+35; thence North 280 271 19" East, a distance of 294.62 feet to a point representing an angle point at Project Station 6+28; thence North 00 6' 7" West. a distance of 60 feet to a point on the south right- of-way of Garfield Street. , ,l. ~ r. "'-'.? .); r hf,E t~3J 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 watermains 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. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said watermains 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 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 sub- stantially the same condition that existed prior to the beginning of operations except that the surface of back- filled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 3. To operate, use and maintain said watermain in such manner as will not hinder or prevent the proper cultivation of 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, replccing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantorfl premiBes or crops. -2- - :... r- t'".-" ~); If f0 IJ' J. ;;GE t)v'-i s. The Grantor__ hereby c~venants 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 watermain 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 watermain 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor or hi s 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 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, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. -3- Ilt ):1 rrjt::, ;:'(r ,.,GE UVl"i IN WtTNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. ," {~M#4 /IL<!Jl~p7</ STATE OF MONTANA ) ss County of Gallatin) On this jJzt day of ~ 197 ~, before me, a notary public in and for said State, personally appeared r..(jA~ 1'-.1.. w~ known t. me to be the person__ whose name _ S.:~bscribed to the within instrument, and acknowledged to me that .~ executed the same. , / It- ~ J. .:tJ!J Ji Notary y~liCT for the State of Residin~ at Bozeman, Montana My Commission Expires /2/"h) Montala .,: -,., -4- i...( r,."" .j f :CE .1''"\ r.. ('" lhj,C THE CITY OF BOZEMAN '."ay) c...... .) -,/" I ~ ,'/~A _ / : ',f.p /c " {~?t:~;-v.-~ ayor ATTEST: e (/~4 ;~:~AA~I G,~ ' Clerk of the City Commission APPROVED: ./' ) l/' j/'/} (, ~<Z.!-;~ -,,/~1!411~ ----7""" ,/ f ' I City Attorney STATE OF MONTANA ) : ss County of Gallatin) On this 20th day of April , 197~, before me, the undersigned a Notary Public for the State of Monmna, personnally, appeared James W. Vollmer & 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 have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first , , ~ . ,I above written. I,. J', ~~' ~ -" " ".'l a..~.. J Jd t.u J{ NotAty Jlublic for tl1e State of Montana R~iding at Bozeman, Montana My Commission Expires 1:J.111/7 7 ., ,_I"~ V .~',:, '~":".}~'-~~' ."~ " '. I' I ~ .,....'~~;!' d'} (' (~ r;3 t_," ,.l/Q.,.>' ...... INDEXED PLATTED --- "}i" k State of Mont., County of Gallatin. 55 Filed for record May 10 ,'19 77 at 9,05 A. M., and recorded in Book 37 ~CE~age---2J2 CARL L. STUCKY Recorder. BY~ t::l: . Deputy Rt: City of Bozeman