HomeMy WebLinkAbout64- Hoey Easement
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EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR SANITARY SKWER PIPE LINE AND OTHER UTILITIES
THIS AGREEMENT, Made and entered j.nto this
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, A.D.
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1964, by and between
Frank E. & Hermina H. Hoey. Bozeman, Montana
parties of the first part, hereinafter called the Grantors, and THE CITY OF
BOZEMAN, a municipal corporatien of the Sti,.te of Montana, in Gallatin County,
the party of the second part, hereinafter called the Grantee.
d I T N E SSE T H :
WHEREAS, The Grantor~3 are the legal record title owr18rs of Lots 1, 5, 6, 13,
14, 15 and 16 of Block nAil and Lots 3, 4, 7, 8, 8f Block nB" all in the Maple
Terrace Subdivision; and
WHEREAS, The Grantee, in the exercise of its power and authority as a
municipality of the ~)tate of Montana, proposes to construct and instnll water
distribution mains and sanitary sewer mains to serve the general area of Maple
Terrace Subdivision and said water and sewer mains would nm across the Gr"1ntor
land; and
\i"HEFlEAS, 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, administra.tors,
successors and assigns, for the purpose of installing, operating, using, repair-
ing, replacing, maintaining, and removing said sanitary sewer and water pipe line.
and for such other rights of access and j,ncidental rights as are hereinafter des-
cribed, all as hereinafter more particularly provided.
NOW, THEREFORE; in consideration of the covenants and agreements betNeen
the parties hereto, the Grantor has granted, bargained, sold, conveyed and confirm-
ed, 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 ri~ht-of-way for th e purpose of :inst<Jlling,
operati.ng, using, repairing, replacing, maintaining and removing a sanitary sewer
pipe line, and water mains and appurtenances thereto upon and across the above
described property of the Grantor S , said easement and right-of-way to consist
of a strip of land twenty (20) feet in width as more fully described hereafter.
1.
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A description of utility easements on lots one (1); five (5); six (6);
thirteen (13); fourteen (14); fifteen (15) .'md sixteen (16) of Block "A" and
lots Three (3); Four (4); seven (7) and eight (8) of Block "B" all in the
Maple Terrace Subdivision, to Bozeman, Montana a 1960 Hearran:,;ement of Tracts
1, 2, 3, 4, 9, ll, 13 of Homesites Subdivision, Gallatin County, Hontana, more
particularly described as follows: to-wit:
Lot 1 Block A: A strip of land 10 feet wide and 50.1 feet long;
Beginning at the north easterly corner of said lot 1 of Block A; thence southerly
along the westerly line of said lot 1, a distance of 10 feet; thence easterly para-
llel to and 10 feet southerly from the north line of said lot 1 a distance of 50.1
feet; thence northerly at right angles a distance of 10 feet to the northerly lot
line of sCljd lot 1; thence westerly along said northerly line to Lhe point of
beginning.
Lot 5 of Block A: A strip of land 10 feet wi.de alonlS the southerly
line of lot 5 of Block A, beginning at a point 10 feet northerly and 10 feet west-
erlyof the south easterly corner of said lot 5; thence westerly parallel to and
10 feet northerl;y from the southerly line of said lot 5 a distance of 99 feet more
or less to the we:sterly Hne of said lot 5; thence southerly along the westerly
line of said lot 5, being on curve of 50 feet in radius to the southwesterly
cerner of said lot 5; thence easterly along the southerly line of said lot 5 to
a point on said line 10 feet westerly of the Mutheasterly corner of said lot 5;
thence northerly at right angles a distance of 10 feet to the point of beginning.
Lot 6 of Block A: A strip of land 10 feet in width along the northerly
line of said lot 6; beginning at the northeasterly corner of said lot 6; thence
southerly along the easterly line of said lot 6 a di~tance of 10 feet; thence
westerly parallel to and 10 feet southerly from the northerly line of :said lot
6, a distance of 71 feet more or less to a point on the "resterly line of said lot
6; thence northerly along the westerly line of said lot 6, being along a curve
of 50 feet in radius to the northlrester1y corner of said lot 6; thence easterly
along the northerly line of said lot 6 a distance of 59.9 feet to the point of
beginning.
Lot 13 of Block A: A strip of land 10 feet in width along the northerly
line of said lot 13. Beginning at the northeasterly corner of said lot 13; thence
southerly along the easterly lot line a distance of 10 feet; thence westerly para-
llel to and 10 feet southerly from the northerly lot line of said lot 13 a distance
of 115 feet; thence northerly'll, right angles a distance of 10 feet to the north-
erly line of lot 13 thence easterly along the northerly line of said lot 13 a dis-
tance of 115 feet to the point of beginning.
Lot 14 of Block A: A strip of land 10 feet in width along the southerly
line of lot 14; Beginning at the southeasterly corner of said lot 11{; thence north-
erly along the easterly line of said lot 14 a distance of 10 feet; thence westerly
parallel to and 10 feet northerl~l from th e southerly Ii.ne of said lot 11+ '1 disbmce
of 115 feet thence ~outherly at right angles a distance of 10 feet; thence easterly
along the southerly line of said lot U to the point of beginning.
Lot 15 of Block A: A strip of land 10 feet in width along the southerly
line of lot 15. Beginning at the southwesterly corner of said lot 15; thence
northerly along the westerly lot line of said lot 15 a distance of 10 feet;
thence easterly parallel to and 10 feet northerly from the e,olltherly lot line
of said lot 15 a distance of 115.1 feet; thence southerly at right angles a dis-
tance of 10 feet; thence westerly along the southerly line of said lot 15 to the
point of beginning.
Lot 16 of Block A: A strip of land 10 feet in ,,'idth a.long the northerly
line of lot 16; Beginning at the northwesterly corneY' of said lot 16; thence
southerly along the westerly line of said lot 16, a distance of 10 feet; thence
easterly parallel to and 10 feet southerly from the northerly line of said lot
16 a distance of 115.1 feet; thence northerl;y at right angles a distance of 10
feet; thence westerly along the northerly line of said lot 16 to the Doint of
beginning.
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Lot 3 Block B: A strip of land 10 feet in width along the northerly line
of said lot 3. Bef,inning at the north",esterly corner of said lot 3; thence souther-
ly along the westerly line of said lot 3 a distance of 10 feet; thence easterly
parallel Lo and 10 feet southerly from the northerly line of said lot 3 a distance
of 120 feet; thence northerly at right angles a distance of 10 feet; thence ,.,resterly
along the northerly line of said lot 3 to the point of beginning.
Lot 4 of Block B: A strip of land 10 feet in width along the southerly
line of said lot 4. Beginning at the southwesterly comer of said lot h; thence
northerly along the westerly line of s2~d lot 4 a distance of 10 feet; thence
easterly parallel to and 10 feet northerly from the southerly line of said lot 4
a distance of 120 feet; thence southerly at right angles a distance of 10 feet;
thence westerly alon(; the southerly line of said 101; /1 to the point of bec';irming.
Lot 7 of Block B: A strip of land 10 feet in width along the northerly
line of saId lot 7. BeginninG at the northeasterly corner of said lot 7; thence
southerly alonG the easterly line of said lot 7 a distance of 10 feet; thence
vvesterly parallel to and 10 feet southerly from the northprly line of' said. lot ?
a distance of 120 feet; thence northerly at rt!';ht anr~els a distance of 10 feet;
thence easterl;}' along the northerly line of said lot 7 to the point of be!';inning.
Lot 8 of Block B: A strip of land 10 feet in wldthg.long the southerly
line of said lot 8. Beginning at the southeasterly corner of sa.id lot. 8; thence,,"
northerly along the easterly line of said lot a distance of 10 feet; thence west-
erly parallel to and 10 feet northerly from the southerly line of said lot 8 a dis-
of 120 feet; thence southerly at right angles a distance of 10 feet; thence east-
erl;} along the southerly line of said lot 8 to the point of beginning.
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, re-
pairing, replacing and maintaining said sanitary sewer and ,'Vater pipe line and
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 Grantee and to l.ts successors and
assigns forever.
The Grantee hereby covenants and ap;rees with the Gr'lntorE; a:'3 follows:
1. That, in connection with the installing, operating, using, repair-
ing, replacing, maintaining and removing of said sanitary sewer and water
pipe lines it will replace, at i.ts sole expense, all existinp; 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 1:)egun, or as near thereto as shall be reason-
ably 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 awa.y
from the site any large rocks or surplus excavated material or an;)
kind of debris that may have been exposed by the eXCClv13.t .jor.. and remain-
ing after backfilling is completed, and "rill leave the fi.nished 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 settle-
ment has taken place.
3. To install said sanitary sewer and water pipe line at such a reason-
able depth below the surface of the earth as will permit normal culti-
vation of the ground.
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4. To operate, use and maintain said sanitary sewer and water pipeline in
such mAnner as will not hinder or prevent the proper cultivation of the
tract through which this right-of-way is hereby granted.
5. In the event that it should become necessary for the Granlee to re-
enter the Grantors premises for the purpose of repaiT:Lng, replacing, main-
taining or removing said sanitary se1;rer pipe line and water pipe line,
the GrA.ntee will reimburse the Grantors for an~y actual damage done to the
Grantors premises or crops.
The Grantors hereby covenants and agrees with the Grantp!:,: as follo'p's:
1. That at no time 1dll they build, construct, erecl:, or maintain any
permanent structure over or above the sa.id sanitary sewer and water pipe
line unless such structure is built, constructed and maintained in such a
manner that it 1;rould not interfere with the operation, use, repair, m::dn-
tenance, replacement and removal of said sanitA.ry sewer and water pipe
li nes.
2. That the Grantee may peaceably hold and enjoy the rights and privi-
leges herein granted without any interruption by the Grantors or th eir
successors and assigns.
.3. That 1/~'/ ./f' lawfully seized of said premises; that //",
good right and la,wful authority to sell the same and that 7/' " " and ~,
heirs, executors, administrators, successors and assi,~ns, shall warrant
and defend the title to said premises unto said Grantee, and its successors
and assigns forever, a.gainst the lawful claim a,nd demand of all pel'EcOnS
whomsoever.
It is understood and agrred by and bet1,reen the parties hereto that this
Agreement shall be binding upon the heirf:, executors, administrators, successors
And il[isigns of t,he GrFlntorEi and upon the successors and a,;si!?:ns of the Grantee.
IN
and the
and its
caused
1964.
t"JITNESS WHEREOF, the Grantors have hereunto set th eir hand f; and seals
Grantee, The City of Bozeman, has herelmto set its hand, by its Mayor
Clerk of the Cit;yr Commission, each thereunto duly Authorized, and has
it~; corporate seal to be rlffixed, 811 on this / day of .L. //
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Mayor
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C. K. iN LSON
Clerk of the City Commission
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APPriOVED:
BEN E. BEriG, JR.
City Attorney
STATE OF MONTANA
COUNTY OF GALLATIN)
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undersie;ned a
foregoing instru-
the same freely
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal on the day and year in this Certificate first ,~.bove written.
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-N;tc,ry Public for the St'!t,} of
Residing at Bozeman, Montana
My Commission Expires.;!
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Hontana
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On this ,;~ ,:~ .,,' day ofT: j, , 1964, before me, the undersigned,
a Notary Public for the State of Mont~na, personally appeared R. Harry Morrow and
C. K. Wilson, known to me to be the Mayor and Clerk of th e City Commission respect-
ively, of the City of Bozeman, whose names are subscribed to the wiLhin instrument
and acknowledged to me that they executed the same for and on behalf of said City.
IN '{JITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
on the day and year in this Certificate first a.bove written.
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Not2ry Public j'or t.he Stat"'> of Mont-.a na
Residing at Bozeman, Montana
My Commission expires! I'
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I INDEXED V'
1 PLATTED
d July 23, 1964
state of Mont., County of Gallatin. ea. Flied for recor . c.' .
21 MI C g ~1~
at 4: 25 P. M., and reczr~od In Sock .:>~~~~~i j .....)~ . ) pa e
EARL WALTON _Recorder. By"_ccct!C d 1f/0" {(/ Deputy
Rt: City of Bozeman