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HomeMy WebLinkAbout73- Steiner, Sanitary Sewer Lines , , Ie ILU 0{), ,. 400 j "', A.'~J rf:.;::" EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER LINES THIS AGREEMENT, Made and entered into this 2Jhb day of JunE' A, D. 197_, by and between HIKE i~, & ELIZABETHt'J:. STEINER, husband and wife partz-- of the first part, hereinafter called the Grantors___ 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 Grantors are the legal record title owners of portions ~f the Section 13, Township 2 South, Range 5 East, M:P.M. to the City of Bozeman, Montana more .particularly described below, 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 lines 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 Granto~, and the Grantors 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 r"rpu~e of installing, operating, using, repairing, replacing, maintainjng, and removing said ______ _ sapita;ry _ s~Y'7er_lj.n~ and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all 8S hereinafter more particularly provided, NOW, THEREFORE, in consideration of the sum of $ and other considerations in hand paid 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 shave granted, bargained sold, conveyed, and confirmed. andlby these presents hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privi- leges forever: 1, A perpetual easement and right of way for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing a sanitary sewer line thereto upon and across the above described property of the Granto~ ,said easement and right of way to consist of a strip of land thirty (30) feet in width lying and being more particularly described as follows: Beginning at the North one sixteenth corner of the Southwest one quarter of Section 13, Township 2 South, Range 5 East of M.P.ll.; thence North 890 57' IS" West a distance of one hundred sixty nine (169.00) feet to the true point of beginning; thence South 00 33' West a distance of one hundred and twenty (120..0) feet; thence North 890 57' 15" \Jest a distance of fifteen (15.00) f(~et; thence ;'Jorth 00 33' East a distance of one hundred twenty (12C.OO) feet; thence SQuth 890 57' East a distance of fifteen feet to the true point of beginning. , . - . f!U~ "'no 401 ;c(J l(\::: 2. The perpetual right of ingress and egress to and from said tract of land at all resonab1e times for the purpose of installing, operating, using, repairing, replacing and maintaining said sanit2ry sewer line and for the removing of same if and when desired by the Grantee, its successors and assigns: TO HAVE AND TO HOLD the above described right of way with all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever, The Grantee hereby covenants and agrees with the GrantorE- as follows: l. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said sanitary sewer pipe line 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 condition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible, 2, That, during operations involving excavation, it will remove the topsoil from the trench area to a depth of one foot, or to the full depth of the topsoil which- ever is less, and stockpile said topsoil away from the site any large rocks or surplus excavated material or any kind of the site any large rocks or surplus excavated material or any kind of debris that may have been ex- posed by the excavation and remaining after backfilling is completed and will leave the finished surface in substantially 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 depressions after final settlement has taken place, 3, To operate, use and maintain said sanitary 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 granted. 4. In the event that it should become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or remov- ing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. 5. The Grantees hereby covenants and agrees with the Grantee as follows: l. That at no time will they build, construct, erect or maintain any permanent structure over or above the said utility lines unless such structure is built, con- structed and maintained in such a manner that it would not interfere with the operation, use, repair, mainten- ance, replacement and removal of said utility lines, -2- . , . . Filii I) r.. _ 402 ,.c:\ ....~- .....; ~. ' ~'- 2, That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor or its 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, administra- tors, 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 administrators, successor and assigns of the Grantors and upon the successors and assigns, of the Grantee, -)- , - FlU- 0(1 ",C~ 40,'3 '""..,.; <I . ~ IN WITNESS WHEREOF. The said parties of the first part have here- unto set their hands and seats the day and year first above written. , I~ II . ,/ ,/"'" , " .~,,' ..., '7:ffti& ~7,,{ /0-4UV !// . v'j .,~"Ll: STATE OF MONTANA ) (/ :ss County of Gallatin ) On this ~O day of JUA96, 191..l.. Al:l tile a notary pul;llic in and for said State. personally appear.ed )(t:LA~}4. ~t:r/tn~ known to me to be t" personj: whose name~ AA~ su scribed to the within instrument, tn acknowledged to me that Q executed the same. "f _ >~\.:.:.. ,1.1,..11.1> Notary ubl c for e State of Montana ~""./ ~';\lil),{.." . , Residing at Bozeman. Montana ~{~~ , .~ ~; My Commission Expires '1 ~f5 19~ .., ~ ft C p,. ',- .:;;-: . ~ , <I' \, ... f-. 0').... .,' "<:;- r1'" .' .f"< - ,. ....... ,,",y. '", C of" . " -4- t ~ .' . .. ,..., , . , , . FILM '-"'''\ 404 ~u . THE CITY OF BOZEMAN .~~:':~ By: ATTEST: .. ifi>--:;V:L ~' :J /'_.' ,;:', (,-7(-l-7t. ~~ ERNA V, HARDINg.., '''',,~, !~ Clerk of the City" Commission APPROVED: MI STATE OF MONTANA ) : ss County of Gallatin ) 3 On this 21st day of -Tune 1972, before me, the undersigned a Notery Public for the State of Montana, personally appeared William Grabow and Erna V, Harding, known to 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 WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in t is Certificate first above written, . \. J'lt}, o ary Public f the State of "\. .." - , <', (-0 f' Montana, Residing at Bozeman, ...., ~Il. "..... "_, (; '.: \,'~ (\ ',d A (. " t:- Montana -,,' ~ , My Commission Expires 9-{~-'71- :'~ ;""l , ,',. ~ \.. .;::. '1 ',' S t. .. -q- '.~ '\' . ~.." ~ I------"'~..>' ,,' """" III . -'" 't.40 ,.~ .' C.... ...'~~).~~F!~..~,k~/" ')--1-'" - /'\':. ,. .... f; O-r ' . 1.:: .,1 "" r"'.~. I f' ~~~,i_.~:.D.. ,".. ' State of Montan~ ! 55" County of Gallatin Filed___., July 9 ,1973 at 8:10 A. M., and Recorded in book 20_, of MI SCELLA NEO_.l!~__Page 400 CARL L. STUCKY BY~?,~ Deputy Fee $ -- Rt: City Offi ce ;;-" \ ~ I f" . ' .~~ ~ I ~ . ..~. ; . . . . !\ ~ -....:. i !~ ~ ~ I , I -~ ; ~ t~ I I W ! lfl ,., % II ~ ) ~ i Q:: I- '"_ ...--.... lr I I --I( u 0 . 1 ~ \ en Z 0 ' , N .. )~ , en u r I l- i ~ ~ ,. en I ?~~ I , _J l .~ --- ---- , ~ -~ \ ~ c.Dor ,s ~ .: - -0 i -;& :;> Ci.o ,.., r zcn M tt 0 S A'tM. .2 . c; " + - -- -'DIW ~I-az MO"IM .... pmlJ '9' 9U :i . Ii ~ 8 'I,'tJ -0 . .... J Q: . a. 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