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Home My WebLink About80- Sippel Easement ,. .'- tlLI1 5nPAGE 320 / EASEMENT AND RIGHT OF WAY AGREEMENT FOR SEWER TRUNK THIS AGREEMENTt Made and entered into this 13 day of August 1980 A. D. llBID1_t by and between William H. & part_ of the fir3t partt hereinafter Betty A. Sippel called the Grantor and THE CITY OF BOZEMANt a municipal corporation of the State of Mo~tanat in Gallatin CountYt 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 mare particularly described below, and WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montanat proposes to construct and install a sewer trunk and necessary appurtenances to serve various properties located within the Vallel Unit 'Subdivision portion of the City of Bozeman and one or more such 11nes would run across the Grantors land; and WHEREAS, The Grantee desires to acquire from the Grantor ,and the Grantor willing to grant to the Grantee an easemen~and right of waY-across the above described property of the Grantor t and heirst executorst administratorst successocs and assignst for the purpose of installing, operating, using, repairing, replacing, maintaining, and rerooving said sewer trunk 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 rece pt 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 do~s hereby grant, bargain, sell t 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 strip of land thirtY(30) feet in width being more particularly described as follows: Beginning at the northeast corner of Section 10, Township 2 South, Range 5 East, an iron pin found in place; thence North 89Q 46' 00" East, along the South line of Section 2, Township 2 South, Range 5 East, which is the centerline of Durston Road, a roadway by use, a distance of 150.00 feet; thence North 010 36' 27" East, a distance of 1324.37 feet to the true point of beginninq; thence North 010 36' 27" East, along said centerline, a distance of 1325.20 feet, of which 30 feet east of said centerline, parallel and contiguous thereto, shall be granted as a permanent utility easement, with a 15 foot temporary construction easement parallel and contiguous to each side of said permanent utility easement. t IL~ 58 P~GE 321 .' _.. ~. The perpetual right of ingres. and egre.. to and from .aid tract of land at all realonable tim.. for the purpo.. of in. tal ling, operating, u,ing, repairing, replacing and maintaining .aid sewer trunk and for the removiq of lame if and when desired by the Grante., ttl ~ce..or. and a'lign.: TO HAVE AND TO 1I>LD the above J..er1bed right of way with all the appurtenances and privilege, unto the ,aid Grantee and to its .ueeeSIOfS and aSligne forever. TIle Grantee hereby covenants and agree, with the Gr.ntor_ a, follow.: 1. that, in connection with the installing, operating, uling, repairing, fdplacing, maintaining and removing of ,aid sewer truOk. it will replace, at iu sole expense, all existing fenc." ditches and otbar appurtenances of said land that may be di.turbed by it. operation in a condition equal to the condition thereof exi.ting before said operations were begun, or al near thereto al shall b. rea.onabl, possible. 2. That, during operations involving excavation, it will remove the topsoil from th. trench area to a depth of one foot, or to the full depth of the topsoil whichever is lesa, and stockpile s~id topsoil for replacement over the trench, and will remove from the site any large rock. or .urplu. excavated material or any kind of debril that may have been exposed by the excavation and remaining after backfilling is completed and will leave the finished surface in .ub.. stantially the same condition that existed prior to the beginning of operations except that the lurfac. of back- filled area. may be mounded sufficiently to prevent the fOI"m4t1on of depressions after final settlement haa taken plaee. 3. To operatA, USG and maintain said sewer trunk __ in such manner a. 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 .hould b.come nece..ary for the Grantee to re-enter the Grantors prem1.ee for the purpose of repairing, replccing, maintaining or removins .aid utility U~le' the Grantee will reimbune the Gl'4nton tor any actual Jamag_ done to the Grantor. pramis.. or. cr~ps. ..2 - .. t IlM 58 PAGE 322 5. In further consideration of the granting of this easement by the Grantors unto the Grantee, Grantee covenants and agrees with Grantors at such time as Grantors' real property is annexed to the City of Bozeman and connects to the original Far West Trunk Installation, Grantors or their successor in interest shall be responsible for and pay their proportionate share of the installation of the Special Improvement District known and aenerally described as said Oriqinal Far West Trunk Installation as the same relates to the total cost of construction excludina any interest thereon. . 6. Grantee covenants and agrees with Grantors to reseed disturbed area resulting from construction of the Special Improvement District known and qenerally described as the Original Far West Trunk Installation. 2 (a) t IL~ 58 PAGE 323 5. The Grantor__ hereby c~venants and agrees with the Grantee 8S f~llows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said sewer trunk unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainence, replacement and removal of said sewer trunk 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 been lawfully seized of said premises; that they have good right and lawful authority to sell the same and that they and their heirs. eXecutors. administratl'rs, 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 snd 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, administrators, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. -3- . flU~ 58 rAGE 324 IN WITNESS WHEREOt, The said partie~ of the first part have hereunto set their hands and geals the day and year first above written. \,\l' '"HI f #"'1/ . '. I, ~,\~ ~ 't\ 11 "1'1 ~. " ".'..~..'O> ............ A. ,;) '" .... ':~' ..- . "f'~i .,;-..~.....~ ~ATE o. )' .;:,;:~..'~.0' 1/ ~.~. .; . , . O' .~ ~, 0 ; "- :": ~ 1''? \ S::., Cc:u n t ~.*t-P. :~.Jr.':' ~;. . ~~..~.. :,i~'~s (tL day of ~'~/ii ~r~J1'\ and fo.r said St .... ""'ttt4t.J3et:.ty' .Ao S1.ppel t"'~~:~ument~~ /aCknOwledged executed the same. /L . I ~kC;I;J ( /A..--"....C../ 19bO, before me, a notary e, personally -;ppeared william Hy Sippel known ta me to be the person~whose to me that ;t')':;jb:d to the within ~ty/{.. p.uun..i s.' s i o~ Ex P t;{~ . / i9-i)~' . U .4 - , , .I filM 58 PAGE 325 THE CITY OF BOZEMAN ~~'~ ~,/ LV, e..e. (~ c -"~.- ' Mayor C01DIIl is s1 0 n P:~~ Cl Y Attorney ~ STATE OF MONTANA ) ss County of Gallatin) On this ;;:1(,/" day of (",: " /', i~ ;, .f-, 1911 c.), be fore me, the .J undersigned a Notary Public for the State of Mon~na, personnally. appeared ~". d ", (),- ([,,-. ..J v-1.1M<J /j ,;<,c"/"lnown to me.to be the Mayor and Clerk of the City Commission respectively, of the City of BozelI\8.n, 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 I have hereunto set my hand and affixed my., Notarial Seal on the day and year in this Certificate firat above wrl,tten. ..11" !III""" "~"~ ~A 0 ""- ,'" Q \\ LJ '1, "'",' :\ \' .... .. '. 1f'l:CJ.'''''' .i'" ..... -.. ~ ..... III ~~~ :/ ; / "OTARl:'{ '.-{ \ -,.~~Sl-(l\r i E . tA''''' '. . :;; ~ ;!:.'./ ~-~ - ^ A-.t.: ~ -::'J~'.. ...../.' .:- ~ .t' ~.". ....'10 ~ ".....:: ;~" ~ ......... t;.~ ,\' """,0.F' No-~ """, '/1'111-1,,"1'" . (/ j.-,.-- Nota: Public for the Sta te of Monta na Residing At BOEemnn, Mqnt4na My Commission Expires fv;,~.,'[ ~y {', F;:~/ '" i'N'6'ex'EO-' PLAITi:.) \ .........' St3t~ 01 r;1;'!1t.. GO;2",ly (n,,: :,:1. Sf:; ~" C,'.A Z?;~~QL,~___..._,.Sep.t.eml:J~]~_4___.._.__. j ';:;- 80 a"t, _.8_~,,1,_,,_,i_~,---AM.. and rc-::ordcd in Book 58 ~ MISCELLANEOUS page., 320 _____~I~ a:. t3~ Recorder. By r. 'l.tb7l k I~ .9(iput, Rt: City of Bozeman