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HomeMy WebLinkAbout84- Jarrett Easement (2) ~ ... FIt" 841'aCE 426 ' EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER EASEMENT THIS AGREEMENT, Made and entered into this day of March A. D. 19 ~, by and between DAVID C. and YVONNE G. JARRETT, EUGENE and GENEVIEVE S. GRAF, JR. part~ 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 Bozem~n, Montan~, as Portions of Tai Lane Additio~/ filed and of record ~n the off~ce of more particularly described below, and the Clerk & Recorder, 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, successor.s and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said sanitary sewer Piaelines and appurtenances and for such other rights of access an 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 con~ist of a stri p of 1 and sixteen (16) feet in width being more partlcularly described as follows: Beginning at the center of Section 13, Township Tv.D South, Range Five East, thence S89'24'IE"w a distance of thirty (30.0) feet; thence SOO'06'OO"E a distance of six hundred forty-tt<.D and forty-three hundredths (642.43) feet; thence S89'24'16"W a distance of three hundred thirty-nine and forty-four hundredths (339.44) feet to the true point of beginning; thence S89'24'16"W a distance of one hundred ten and eighty-three hundredths (110.83) feet, to the commn comer of Iot 8 and Iot 4, Tai Lane Addition; thence NOO' 36' 5l"w a distance of sixteen (16.0) feet to a p::>int on the mmrron l::Dundary between said IDt 8 and said IDt 4; thence N89' 24 '16"E a distance of one hundred eleven (Ill. 0) feet; thence SOr)' 35' 44 "E a distance of sixteen (16.0) feet to the true mint of beginning. -- o- j .. fll~ 84p,!GE 427 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of in,talling, operating, using, repairing, replacing and maintaining .aid sani- tarv sewer oioeline and for the removing of lame 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 ,aid 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, using, 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 itl operation in a condition equal to the condition thereof existing before said operations were begun, or a8 near thereto .. shall be reasonably possible. 2. That, during operations involving excavation, it vill remove the topsoil from the trench area to a depth of one foot, or to the full depth of the topsoil whichever is le.., and stockpile said topsoil for replacement over the trench, and will remove from the site any large rocks or .urplu. 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 1n lublt.n. 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 depression. after final settlement has taken place. J. To operate, use and maintain said sanitary sewer pipeline in Ruch 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 sh(\dd become neceuary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing laid utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premisel or crop.. .2.. 5. FILM 84l'AGE 428 The Gran tor hereby CQVendnt.s 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 residential sewer unless such structure is built, constructed and main- tained in such a manner that it \-Ioulrl not interfere with the operation, use, repair. maintainence. replacement and removal of said residential sewer. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Gran tor or his successors and ass i gns. 3. That they have heen 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. administra- tors. successor and assigns of the Grantors and upon the successors and assigns of the Grantee. parties of the first part seals the day and year ~..~. EUGENE _ F, JR. cl':v-nVE~S".~ STATE OF MONTANA . ss. County of Gallatin) ~ On this ~___ 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 first above written. ,1'\ iIi/III \ ',\ '''1. ~ ~'\ s' .~ ,I"~ 111-"',. " ' ':.,.. .~' q ~}; 1', '1:.1" ,II' ~ ~'" f..,l /.;I"~ ~. ", .,' "'''" !" ,~iJO'~ . ,~':' {\,\J\ n t A "'. ~ ~~ ~) :'-\." ' " : 1'1".':: ". . .. '-' ,; ~: ~.... ~ : ::: : c:; \I'i~: ;:; II ~~', . t".'.; ~,~ AI ~: .' .: ~'...: .' ).. ":-.. ,_'II /.:~ Ir.~'" ;,."..... ,_." ,~, ,,-' .P'1o~,.... ,"1': ~ ,.' l' \ ~~ Q ),C:.^ ~. (] Notary Public for the- S~~~ Residing at Bozeman, Montana~ My commission expires:_~/I 1>'5 I I . . , ,\ .. " ~ f -3- . , , . flLM 84p~Gf 429 THE CITY OF BOZEMAN BY~~ z;Q~~, Jam E. Wysocki City Manager ATTEST: :: :,' .,~~ ~; :~~ , rj~~: ,,,j Jill-i." Robin Sull,i.v.:<iH'}:;;. ...." Clerk Of.tl!eC~f<;.Qmmission , -... -....', . :' :: ~ =.,,-:.l ..~ c" , , :) ~." , j " (. APPROVED: ---;t{,,-5 U It), h'-l City Attorney( I 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 affixed my Notarial seal on the day and year in this Certificate first above written. I~' "'U/trllll ('\0 -, 1111 ....' ;'~'I,. '-'. lY.# ""t. . ".: ,: ..' ~.. .. . ~ ~l..6 '~.... ~."':..'uI",\ "', 'r~,'~ .,~:' ,\ l'\ H ~,' 1;--" <' \. .\~u 1:10)""<... ....1J::. ; St"<' "1'''' ~ ~ , ,~ '~, t : : ) '-/..... ~.)~.. E . . .....:- ., ., ..,..:.... ,', '. .. ~~" '/.-> ..:111'....--.'\~.\ ,,"'" ,,' ".-; ,H~~! .",,- , 1,,;: ~ .,', ; I .,,, \. \' \ 'I ~~.~ Notary Public for State of Montana Residing at Bozeman, Montana My Commission expires 4-30-85 -5- . . ~ . " ; ...,. , , . TAl L-ANE . ADD I'TI ON FILM 84PAGE 439 SANITARY SEWER EASEMENT DEDICATION f LINCOLN ROAO Cenfer Sec. 13 .... Lor 2 0'1 ~ ~ ,:tJ: g ~ ~it) ~ Lor 3 IQ ...."'" .... ...0 I::) I::) 190 00' ;e ILOT 6 '" ~ \0 "'l I LOT 7 C) ... ... /38.90' Lor 9 "'l ~ ~ 10 .,." ~ :::;; "'l: ~ ~ ~ ~ .... Lor4 ~~ II') ~ ~~ G Q "" ~ ... ..., N 89024'16"E 110.00' ~ ~ EX/$fI17fl 40' WId" Privofll .... LRt'X1d EtTSIlm8hf 2: ~ ~ 20714' N 00036' 5r"W 1600' 309.44' S 89 24 16 W ~...., ~3; Sanitary Sewer ... Eosement 5> Q Q CI) S Ooo35'44"E 16.00' :~ C) .C) IQ ~I 8 ~ Lor 10 ~'"""-'i " ,.,: ,;"{ ~~) 1i"4.t..'~',~.:.-. ~" '. 1,:.:~;;\.-.......tI:~.~"tJ -.'\,;\\ t llW 0""1.27702 9-"ite of Mont., County of Gallatin. sa Filed for reeertl All r11 S I 7 -r- 11 ",.~--" :~" 84 .t 4: 15 PM., and recorded in Book 84 of ~"_MTSr.F.T.T.~N~n:y\ ':"'''~i~',_.92,6 ~ ttl {P~ ~. By ( ");r'"''::~t;. {::.7?7t'~" _ beptlt' '/ Rt; City Hall % Robin Sullivan Fee-Q-