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Home My WebLink About67- Westlake Easement and right of way agreement _.~ ',."",,: . '~ ~;! J!~-'!I " . Ld f/~GELIIJ EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR WATER & SEWER MAINS THIS AGREEMENT, Made and entered into this 2nd day of May A.D. 1967 , by and between Myron & Aura D. Westlake 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. WITNESSETH: WHEREAS, The Grantor s_ are the legal record title owner~ of portions of the S.E~ of the N.E~and a portion of the N.E. of the S.E.. Section l. T2S, R5EJ M.P.M. -- and WHEREAS, the Grantee, in the exercise of its power and authority as a munici- pality of the State of Montana, puo:araPllllil': >emvrlJ(tlllX!6'~t"X upon completion of construction and installation of water mains and sewer mains by Grantor accept ownership and maintenance of same. The above mains would run across the Grantor land; and WHEREAS, the Grantee desires to acquire from ,the GrantorlL,and the GrantorlL are 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 ~, operating, using, repairing, replacing, maintaining, and removing said water and se'Wer mains and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREOFRE, in consideration of theHsum of $None in hand paid by the City of Bozeman, the receipt .:ihereof is hereby acknowledged, and in further con- sideration of the covenants and agreements between the parties hereto, the Grantors ....... have granted, bargained, sold, conveyed, and confirmed, and by these pre- sents _ hereby grant, bargain, sell, convey, andconfirrn unto the said Grantee and its succe~sors and assigns the following rights and privileges forever: ~~.... . h. C' . . . ;c~j f.JAGEjl~.r j . ciJUh 10 A perpetual easement and right-of-way for the purpose of installing, oper- ating, using, repairing, replacing9 maintaining and removing a water and sewer main thereto upon and across the above described property of the Grantor~ said easement and right-of-way to consJst of a strip of l~d thirty (,0) feet in width lying and being _ in the S.EJrpf the NoE"'tand I a portion of the NE~of the S.E.* Section 1, T2S, R5E, M.P.M. . Beginning at the northeast, corner of Lot One (1) Block One (1) of West- lake#s Second Subdivision of the City of Bozeman, Montana; thence North 10 16' 30n East parallel to and 137 feet distant easterly from the easterly right of way line of Interstate Highway 1-90-6 (13) 296 as now constructed, a distance of 576.16 feet; thence at right angles to the right, bearing South g80 43' 301t East, a distance of 358 feet to a point 12.5 feet westerly of the centerline of the City of Bozeman 19lt Trunk line sanitary sewer as now constructed; thence South IO 16' 30n West, parallel to and 12.5 feet westerly distant from said centerline of said Trunk line sanitary sewer, a distance of 30 feet; thence at right angles to the right, bearing North g80 43' 30" West, a distance of 328 feet to a point 167 feet easterly of the easterly right of way line of said Interstate Highway; thence at right ~es to the to the left bearing South 10 16' 30n West, parallel to and 167 feet distant easterly from the easterly right of way line of said Intersta~Highway, a distance of 546.16 feet; thence North 880 00 West a distance of 30 feet to the true point of beginning. 45 ,[,,;J ,,, ''-''1 <<'I) t:;L Ii. 'j,. I't /I. 4:' t+'<l , 1;1 eel, 20 The perpetual right of ingre s and egress to and from said tract of land at all _reasonable times for t.he purpose oi'installing, operating, using, repairing, replacing and maintaining said" w~_d sewer mains - and for the removing of swne if8"~hei1Ci€Sired 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 forever 0 The Grantee hereby covenants and agrees Tilth the Grantor~ as follows: 1. That, in connection with the installing, ope:r-ating, using, repairing, replacing, maintaining and removing of said _~ter and sewer mains 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 as shall be reasonably possible. 20 That, during operations involving excavation, it will remove the top- soil from the t,rench 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 lar'ge rocks or surplus excavated ma.terial 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 thl; finished surface in substantially the same condition that existen prior to the beginning of operations except that the sw'face of backfilled ar~ may be mounded suff'ici-ently to prevent the formation of depressions after final set,tlement, has taken place. 3. T6 install said water and sewer lines ~ at such a reasonable depth below the surface o:rthe earth as will perrnit normal cultivation of the groundo 40 To operate, use and maintain said . water and sewer pipeline in such manner as will not hinder or prevent the proper cultivation of the tract through which this right-of-way is hereby grantedo t: ..I. - -' ---- ~ ... .. 1,- -- P ;, _--~--",.,....._.-:>~-~--..-"""".-:>~I:III:I,...'I"O:1.l:.-........,-...=..=.--~<::EI'~.,...,.-."'O':'..........-,'=='hIIEJ<IC::''''''''''~......:&u::>.,_.<>=-"<D:II>c:m:I"'~_~_"'_____________ ;. - ! . . . .-. .-" 4 r 1 t.: J f-~GE U 6., In the event that it should become necessary for the Grantee to re- enter the Grantor,jL premises for the purpose of repairing; replacing, main- taining or removing water and sewer line, t~e Grantee will reimburse the Granto;s for-;;Y~tual damage done to the Grantor..!!.. premises or cropSD 70 ___ The Grantor~ hereby covenan~.. and agree..!!.. with the Grantee as follows: L That at no time will t~. build, construct, erect or maintain any permanent structure over or above the said water and sewer line W1less such structure is built, constructed and maintained in such~manner that it would not interfere with the operation, use, repair, maintenance, replacement and removal of said water and sewer line 0 2. That the Grantee may peacably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor..!L or their successors and assignse 3" That _ they __ have . lawfully seized of said premises; that they have good right and lawful authority to sell the same and thatth~ and theI"r 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 whomsoevero It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs,executors~ administrators, successors and assigns of the Grantor;' and upon the successors and assigns of the Grantee.. IN WITNESS WHEREOF >> the Gl'antor~6., .~_l:~":..~ hereunto set their handS_ and seaJs_ and the Grantee,. The City of Bozeman,# has hereunto set its hand, by its Mayor and its Clerk of the City Commissionj each thereunto duly authorized, and has caused its corporate seal to be affixed, al~ on this 2nd day of ~I . ,19~7. ~/' ";7/)d _7// L ____ _ ';1 .---l/:::-C--?:- dIe /----z~__1Z____ -,-~ ,.// L----. _~ III <r /f //) I / ( / v/ t t:Z ~ THE CITY OF BOZEMAN /' //'/' /' /' .;?~/ //////;{ ~.~., ~ "lj-.-~r ..... / . /".- ~. ,;/ // . "'Mayor /' , ' . . . : : . i ./ "- .- // ATTEST: j " r- ,,," C' :. .... /J ~" ;/, &'./4-:.>0 't.-<~ !, ~~y _. _ ~ '.. '. '" ~ Clerk O-t ":the,." Q,:i;t..y"Commission I ~ !\, ; l .\. 'I. APPROVED: '" .J ,1" !> ) rz ,7) . <,..,.. )' ( ~yj ../\,..--........ /',. / d). --L--y-Ul . ' . /f " " j / City Attorney . . . . - '-"~F' ~ h r" . :~ G'U K !~>j tAGfLl;)~ STATE OF MONTANA ) : 55 COUNTY OF GALLATIN ) On this 2nd _ day of May , 1.,6...1. before me, the undersigned a Notary PUblic for the State of Montana, personally appeared Myron and Aura D. Westlake known to me to be the person~ des-cribed in and who 'signed the foregoing instrument as Grantor~ and acknowledged to me that they had executed the same freely and volunt~!ily, for the uses and purposes therein expressed. '., , .IN,'WrTNEs'S(WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on we \~Y' a:naAy~ar in this Certificate first above written. . . '" . :. ) : . >,' i. . .'. ~ J ' . " . ~ ,.' , ., ..../-,,'d;,? ..:) .>.~) .If ,)'- .~.. _, .. .:.,~:, ,. o aZ t' L-?tA-_LR/ d: V./.C-eC___AJ-~ , t'.r \ Notary Public for the State of Montana Residing at Bozeman, Montana ) My Commis sion Expires - 7l? elf'" / 1/ 70 STATE OF MONTANA g ss COUNTY OF GALLATIN ) On this ~ad. 3f day of May y 196~ before me, the undersigned a Notary Public for the State of Montana, personally appeared Edmund P. Sedivy and Erna V. Harding , known to me to be the Mayor and Clerk of the City Corrunission 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 ~mEREOF y I have hereunto set my hand and affixed my Notarial Seal on the da.y and year in this Certificate first above writtenc , :\. '," . " , : " t~.> . . .j . ~ ". ,,;'u' 'i(/7 "i', 'Io, ," .. , _.' if" I ;-, J~ I / ) . -t. , ' .... "', .!' , "~,~ ,."''110 .. .: . '.., i.J " .... t;.. . ,.... .'. ~ . . . . . .. . tf ;, " '/111'111'\'\\\ I ,; i..:'\I./ (....'oii ; J".-' .1967 Fee: Deputy -- Rt: City of Bozeman