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HomeMy WebLinkAbout84- Jarrett Easement ., .. . . d . FlU~ 84f1IJE _.31 EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER EASEMENT THIS AGREEMENT, Made and entered into this day of March A. D. 19 84, by and between DAVID C. Ji'illRE'IT, WONNE G. JARRE'IT, EUGENE GRAP "JR., GENEVIEVE S. GRllfart Y 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 to the City of Bozeman, Montana, as portions of Tai Lane Addition,/ filed and of record in the office of more particularly described below, and the CLerk & H.ecoraer, Gallatin County, Montana, WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install sanitary sewer pipel ines and necessary appurtenances to serve various properties located within the southwest 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 willing to grant to the Grantee an easemenr-and 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 sanitary sewer pipelines 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 has 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 stri p of 1 and sixteen (16) feet in width being more particularly described as follows: Beginning at the center of Section 13, Township Two South, Range Five Rast; thence S89'24'16"1'J a distance of thirty (30.0) feet; thence SOO.O(j'OO"E a distance of six hundred forty-h\D and forty-three hundredths (642.43) feet; thence S89.24'16"W a distance of four hundred fifty and twenty-seven hundredths (450,27) feet to the true :p.::lint of begirming, being the carmon corner of Lot 4 and lDt 8, Tai Lane Addition; thence S89.24'16"v-J a distance of tWJ hundred and seven and fourteen hundredths (207.14) feet to the southwest corner of lDt 4, Tai Lane Addition; thence NOO.03'34"W a distance of seventy (70.0) feet along the west rounda:ry of said Lot 4; thence N89.56'26"E a distance of thirty (30.0) feet; thence SOO'03l34"E a distance of fifty-four and tWJ hundredths (54.02) feet; thence N89.24'16"E a distance of one hundred seventy-six and ninety- seven hundredths (176.97) feet, to a }X)int being on the East tounda:ry of said Lot 4; thence SOO.36'51"E a distance of sixteen (16.0) feet to the true p::>int of beginning, ~ " ' I f1l ~ 8 4 P~GE 4.32 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 .aid sani- tary sewer pipeline and for the removing of same if and when desired by the Grantee, its successors and as.igns: 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 foU"ws: 1. That, in connection with the installing, operating, u8ing, repairing, replacing, maintaining and removing, of said sanitary sewer pipeline 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 condi tion equal to the condi tion thereof existing before said operations were begun, or as near thereto .s 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 11 leu. 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 i8 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 depres.ions after final settlement has taken place. 3. To operate, use and maintain said SClnit-;ny !';P.WPY" pi[lPl inp tn Rueh manner as will not hinder or prevent the cultivation of the tract through which this right of hereby granted. proper way is 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 premise. or crop.. -2- I , r i 5. flL'1i\ 84'p~SE 4,33 The Grantor hereby covendn t.s and a~lrees wi th the Gran tee as fo 11 ows: 1. That at no time will they build, construct, erect or maintain any permanent structllre over or above the Si)id residential sewer unless such structure is built. constructed and main- tained in such a manner that it \>lOulrl not interfere with the ofleration, use, repair, maintaincnce. replacement and rCrTKJval of said residential sewer. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor or his successors and assigns. 3. That they have ~een 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 unders tood and agreed by and between the part i es hereto tha t this Agreement shall be binding upon the heirs, executors. administra- tors, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. IN WITNESS WHEREOF, the said parties of the first part hereunto set their hands and seals the day and year ove written. JR. . .12/ '/ GRAF ~ STATE OF MONTANA ss. County of Gallatin) On this ~CL~day of April, 1984, before me, a notary public in and for said State, personally appeared DAVID C. JARRETT, YVONNE G. JARRETT, EUGENE GRAF, JR. and GENEVIEVE S. GRAF, known to me to be the persons who executed the within instrument and acknowledged to me that they executed the same. ": IN WITNESS WHEREOF, I have hereunto set my hand and , affixed my official seal the day and year in this certificate .~..r/'( . first,.above written. , :\..1 \ ,.'11 'Ill, If< , ' ",- "-.J'. S ./;""" l:f~:~:)., '?',~. ..~~.. .s~\.; 'I: ~,~'4.' f\ or ). ft (~ ". r;;, "... ' :: (.,'l : ,\ v \ \ rj l. . .~'-::; =~,_;., \ "" : f'7'I~ ' ::<>:~-t1i"1.: :" ~ *~'w }0 ' ~...:. ;''It. ..,..;~,' .~'r~ ~ ,.. . . - .~. ,p..~.~, ./ ~ ~ -',,- ...- ., " ~.,.. ,....,.. ';.' . ".~, i...../' ~,'~ ~ . . .. .. , ~ . ~.,' ..... ." .......'- / ',," 7~~ \1''0 "".' f,. T 'I \'. . . II f.(, ! I ~ 0 \ 'J \;,. . ~c k _'_' Notary Public for the ~~. Residing at Bozeman, Montana. My commission expires :-4if-~~. -3- , . . 'F1L ~ 84 PAUE 4:34 THE CITY OF BOZEMAN .~, ,.--- ..-:-~) W' n~' ''''t~ 2~. .~'1~~_ E. Wysocki Manager '" "'".\;1"""'-""-' .< APPROVED: -' -s City Attorney STATE OF MONTANA ss. County of Gallatin On this 18th day of June, 1984, before me, the undersigned, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin Sullivan, 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 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 affii~d~y Notarial seal on the day and year in this ,- ~Certific~te first above written. ."" """" "''''.'''f'"", ..",11 ...., "C. HA"'", .....-."'__\..<;:)r.."........,~ "',. .',:,". ,-.,,;;;" ._/1- ,J , ,'~ *41..tr.lO ~ , ",/'~QTARI4i\~ \ . ~:.SEAL J ~ ,~ ...,'~ '"..: "'.. ~'....j.':.. '.-. ...... ~~ . '\'" . ." .~,:'?- , .f,.., '.'!" ............ 4""~ ,,,...... '-" Or- 1.1 a'~' ", .,' /J' 'r , ~ \\\\\ ~f~'I+.,~nn\ ~ (I. V~ Notary Public for State of Montana Residing at Bozeman, Montana My Commission expires 4-30-85 -5- . t r' TAl LANE ADDITION SANITARY SEWER EASEMENT DEDICATION LOT 6 . LOT 2 ... Cl'I ~ ~ =~ g ~ .lCl In LOT " 10 ... ..."" ... ...0 g /9000' ~ LOT? /38.90' ~ 'it' l ... N 89056'26"E 30.00' LOT4 SOoo03'34"E 54.02' N 89024'16"E 176.97' \ LOT 8 \"'- "" 00003'34"W 70.00' ::~ ~3; ~ g CI) S89024'16'''W 207.14' LOT 10 Sanitary Sewer Easement ...--- " i, \.(~ N-"x:o '''~"f"..t), I, I'\..A"I'-'-... "" ~~,." .,.---........,~ .,- 127703 ... - ntM 84 PAGE 435 ' f L /NCOL N ROAlL Cenfsr Sec. /J LOT 9 ::~ In ~... !::! o ts U) J09.44' 589"24/6 W state of Mont., County of Gallatin. 88 F1te11... .- - ;jI 3L_~_~: l~_ ~_M.. and recorded in Book 84 of n_.___~~l__~\~__Recorder. By Rt: City Hall % Robin Sullivan Fee -0- 'It :t EXI$fing 40' W,d, Pri~aflf -1:~ EOSMnMf 10) 'II' lei IV) C;) ..... IV) 'II' ~ ... 10 ~ ~ :s; "q ~ - ...... ~ ~ =~ C) ~C) 10 ~ 8 tI) H:; 84 " ........ pC1;:':e 431 r \1