HomeMy WebLinkAbout84- Jarrett Easement
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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,
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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..
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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.
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Notary Public for the ~~.
Residing at Bozeman, Montana.
My commission expires :-4if-~~.
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'F1L ~ 84 PAUE 4:34
THE CITY OF BOZEMAN
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E. Wysocki
Manager
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APPROVED:
-'
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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.
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Notary Public for State of Montana
Residing at Bozeman, Montana
My Commission expires 4-30-85
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TAl LANE ADDITION
SANITARY SEWER EASEMENT DEDICATION
LOT 6
. LOT 2
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In LOT " 10
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LOT?
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N 89056'26"E
30.00'
LOT4
SOoo03'34"E
54.02'
N 89024'16"E
176.97'
\ LOT 8
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70.00'
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S89024'16'''W
207.14'
LOT 10
Sanitary Sewer
Easement
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ntM 84 PAGE 435 '
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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-
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