HomeMy WebLinkAbout84- Jarrett Easement (2)
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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.
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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.
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Notary Public for the- S~~~
Residing at Bozeman, Montana~
My commission expires:_~/I 1>'5
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84p~Gf 429
THE CITY OF BOZEMAN
BY~~ z;Q~~,
Jam E. Wysocki
City Manager
ATTEST:
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rj~~: ,,,j Jill-i."
Robin Sull,i.v.:<iH'}:;;. ...."
Clerk Of.tl!eC~f<;.Qmmission
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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.
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Notary Public for State of Montana
Residing at Bozeman, Montana
My Commission expires 4-30-85
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ADD I'TI ON
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84PAGE 439
SANITARY SEWER EASEMENT DEDICATION
f LINCOLN ROAO
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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'
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Rt; City Hall
% Robin Sullivan
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