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Home My WebLink About65- MSU Easement 8UOK 22 FAGrl01 .. EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR WATER & SANITARY SEWER EJ:f'I.[:;LlNE. -- 1!L 1 ..5 day of i'" /t V' I THIS AGREEMENT, Made and entered into this A.D. 196-.5: by and between Montana State College part~ of the first part, hereinafter called the Grantor__, and THE CITY OF BomlAN, a rnunicipal 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 the legal record title owner__ of portions is of the Lot 6 & 7, Greek WI'lyS1Jhdi vi ~i on -, and WHEREAS, the Grantee, in the exercise of its power and authority as a munici- pality of the State of Montana, proposes to construct and install a water & san- itary" sewer pipeline. would run across the Grantor land; and WHEREAS, the Grantee desires to acquire from the Grantor__,and the Grantor__ is willing to grant to the Grantee an easement and right-of-way across the above described property of the Grantor_, and their heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, line replacing, maintaining, and removing said water & sanitary sewer cipe- / and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. 0(:' NOW, THEREOFRE, in consideration of the sum of $ / - in hand paid by the City of Bozeman, the receipt vihereof is here by acknowledged, and in further con- sideration of the covenants and agreements between the parties hereto, the Grantor__ has granted, bargained, sold, conveyed, and confirmed, and by these pre- sents __ hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: dUDK 22 PAGEI02 L A perpetual easement and right-of-way for the purposeo! installing, oper- ating, using, repairing, replacing~ maintaining and removing a water & s~nihry sewer .pipeline . thereto upon and across the above described property of the Grantor~ said easement and right-of-way to consist of a strip of land (10') thirty feet in width lying and being mnrp. fll11 ~r rj"'''''''''''; 'o~d to 1.rit I . Begiruling at the southeasterly corner of lot 6, Greek Way Subdivision to Bozeman, Iv'1ontana; thence south 89" 14.4' West along the southerly line of said lot. 6 a distance of 35.0 feet; thence North 30. 15.3' East parallel to and 30 feet (lis- tant northwesterly from the southeasterly lot line of said lot 6 a distance of 164.91 feet to a point of intersection with the easterly line of lot 6; thence continuing North 30" 15.3' East..jadistance of 50.85 to the easterly line of lot '7 of said Greek Way Subdivision; thence South along the easterly line of said lot 7 a distance of 59.54 feet to the southeasterly corner of said lot 7; thence South 30" 15.3' West a distance of 146.3 feet to the point of beginning. 2" The perpetual right of ingre s and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said. . w~J,er & sanitary sewer p~;J.ine.'- and for t he removing of same if and w~ired by-the Grantee, its successors and assigns; TO HAVE AND TO HOLD the above described right-,of-way with all the appurten- ances and privileges unto the said Grantee and to its successors and assigns forevero The Grantee hereby covenants and agrees 'Jith the Grantor_ as follows: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said water and sanitarv sewer pj"p.el.i!).e. it will replace, at its sole expense, all existing fences, ditches and other appurtenances of said land that may be disturbed by its operation in a cond- ition equal to the condition thereof existing before said operations were begun~ or as near thereto a.s shall be reasonably possible.. 2. That, during operations involving excavation, it will remove the top- soil from the trench area to a depth of one foot, or to the full depth of the topsoil, whichever is less9 and stockpile said topsoil away from the site any large rocks or surplus excavated mat.erial or any kind of 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 is completed, and will leave th~ finished surface in substantially the same condition that existed. prior to the beginning of operations except that the surface of backfilled ar~ may be mounded sufficl~ntly to prevent the formation of depressions after fixlal settlement [laS taken place. 3. To install said sanit2ll sewer and water lin0 at such a reasonable depth belovJ t.he surface of the earth. as will permit normal cultivation of the ground. 40 To operate~ use and maintain said ,!'later & sanitary sewer>>ipeline in such manner as will not hinder or prevent the proper cultivation of the tract through which this right-of -,way is hereby granted ID 5. _________....~_.._.._'"""_ac::I_~.....,...:M:.I.o,..~az>a:c>~.~..,_.....,._..<:::IC><::EI_=>_'''''''''~''"''''''<::ImIllC>..."CO'..._..C'L~_,.p:''~~-=>-.~-~--------.....--------- .. , dfJDK 22 -P/~GEln:J 6" In the event that i.t should become necessary for the Grantee to re- enter the Grantor~. premises for the purpose of repairing, replacing, main- taining or removing ,,:,ater__and ~~nitary sewer line, the Grantee will reimburse the Grantor'_. for any actual damage done to the Grantor_ premises oX' crops" 70 The Grantor,__ hereby covenant~.", and agree_. with the Grantee as follows: L That at no time will ~-1.h.J!lL build, construct, erect or maintain any permanent structure OVel" or above the said,~ter and sanitary sewer _ _~i~eli~___~ unless such structure is built, constructed and maintained in such a manner thRt it would not interfere with the operation, use, repair, maintenance? replacement and removal of said water and sani- tary sewer ~_ 2. That the Grantee may peacably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor_ or their successors and assignsv 30 That-1J:l.sL_GI:antD~__., lawfully seized of said premises; that they have __ good right and lawful authority to sell the same and that they and --Lh.~, heirs,'i executors:; administrators, successors and assigns, shall warrant and defend the tit.le tosald premises unto said Grantee, and its successor:;; and assi.gns forever~ against the lawful claim and demand of all persons vihomsoeveL, It is understood and agreed by and betliJeen the parties hereto that this Agreement shall be binding upsm the heiNi.. exec;utors~ administrators, successors and assigns of the Grantor,__. and upon the successors and assigns of the Granteeo IN 1,'JITNESSWHEREOF>> the Gran to r'_. ,_~_~> hereunto set his hand and seal and the Grantee, The City of Bozeman# has hereunto set its hand, by its Mayo? and its Clerk or'the City Commission, 'each thereunto duly authorized, and has caused its corporate seal to be affixed, allan this ./." ,I. day of //",.,,' ? i 96-.3 U /';>(i'- / JA STATE COLLEGE BY: THE CITY". OF 'BOZEMAN I 'r" ,.' ./ /"----4.. .' I '.>:>/"./ r-'''-~ ,~~ tc/ \. /C/,iiU// it C,~-'""""--T"~ Mayor / ATTEST ~ : (.,,,/ ,'. ,/., --'--,.' / / '.... ".'.", "",' ,,",<, /" ~_.:/</:?cc<-<' , . (>'C-r:'/i,:;,L:jz - ; . '., " / ~~n<I,-.:u.~_'_. Clerk of the City Commission APPROVED: City Attorney ... r ... .. ,l citJD~ 22 PAGE104 STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this , r day of If "'-~ , 1 'J6J;:'- before me, the undersigned a Notary pUblic for-the State of Montan~ personally appeared ,L ~?> ~, // .y:-7 ,/'/ .f C-' ..;7 known to me to be the person_ described in and who signed the foregoing instrument as Grantor_ and acknowledged to me that ht" had executed the same freely and voluntarily, for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my handar.d affixed my Notarial Seal on.tmni'ay.,and year in this Certificate first above written. , . I . ~~. 'T' . \ ,I' . ^. \ :' \" - , : ; '~ , ,?(./ /7'1>' / . .. ~,; S'TATE.OF MONTANA ) : 55 COUNTY OF GALLATIN ) . r- /7/ /1.1 J On this '" L- day of r I [{. F , 1961...-; before me, the undersigned a Notary Public for the State of Montana, personally appeared f? ' )l4Af? Y 111 c.r\ R () w and S-R IV ~ V /74R Ol,.y cl- , known td- me to be the Mayor 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 vVHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above writteno '-. 1';' <~ , I .-;1 ,,". I // ' ~r---r-cdl 0?/~r::/-d-e:/ ;' Notary Public for the St7cl.te of Montana Residing at Bozeman, Montana My Conunission expires~N~/"N'o( ,90 /j7//' l \ /' . Co ,~ ' ,. ,/ -d/O INDEXED PLATTED"-J . .-. State of Mont., County of Gallatin. 59. Filed for rec'ot'"d May 6 ,'965 at 9: 20 A. M.. and recorded in BOO~' _\If ruse. PIlP 101 CARL L. STUCKY Recorder. B" ,cdt'titf'c ~p.[Jf:Cf'? Deputy / Rt: City of Bozeman