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Home My WebLink About80- Karp's Addition Residential Sewer Easement and Right of Way Agreement . li"ODED va/\ . . - 0 - , PLAT1ED ' : . ' . City of Bozeman f'L~ 55 i"" ~ 3n4 7 ' ,~. J. v '."<'nte of Mont., County of Gallatin. 58 FiI~t09~ecord l1arch 13 , 1 9 80 n:,_-.2: 15 A M.. and recorded in Book 55 of MISCELLANEOUS page 132..4 .e..att. ct. f3~ Recorder. By ~~ ~/~ Deput> EASEMENT AND RIGHT OF WAY AGREEME FOR ' Residential Sewer THIS AGREEMENT, Made and entered into this 5th day of March A. D. 19 ~, by and between Jerry Kober partL of the fi rst 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 Lots 9 & 10. Block 3, Karp's Addition more particularly described below, and WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a residential sewer and necessary appurtenances to serve various properties located within the Northeast 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 residential sewer 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 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 consist of a strip of land twen~~20) feet in width being the north twenty (20) feet of the east 62.42 feet of Lot 9 Block 3, Karps Addition to the City of Bozeman, Montana. , r 1l.,M 55 f~:l:t 1305 Z. The perpetual right of ingress and egress to and from said tract ef land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said Q,sirl5ntial s~'tIer and for the removing of same if and when es1red by the Grantee, 1t. suec88sors and assigns: TO HAVE AND 10 HOLD the above described wight of way with aU the appurtenances and privileges unto the said Grantee and to lea successors and 4~signs forever. , , The Grantee hereby covenants and agrees with the Grantor as follows: --- 1. That. in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said residential sewer it will replace, at ita sole expense, all existing fences, ditches and other appurt.enances of said land that may be disturbed by its operation 1,n 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 oper.tlons Involviag excavation, it will remove the to~soil from the trench 4rea to a depth of one foot, o~ to the full depth of the topsoil whichever is less. and stockpile sllid topsoil for replacement over the trench, and will remov~ frem the site any larg~ rocks or surplus e.eavated materi.al or any kind of debris that may ,have been exposed by the excavation and remaining after backfilling isco.hpleted anJ will leave the finished surface itl sub.. stanti:lly the same condition that existed prior to the begin~ing of operations except that the surface of back- filled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 3. To operatA, use and maintain '.laid res i denti a 1 sewer ___ in such manner as will not hinder ot' prevent the proper cultivation of the tract th~oughwhich this right of way is hereby granted. 4. In the event that it should become necessary f~r the Grantee to re-enter the Grantors ~remises far the purpose of repairing, replccing, maintaining or removing said utility lilles the Grantee will reimburse the Gt".e.ntors for any actual damage done to the Gr~ntor8 premi.e. o~ c~ops. -2.. . , . ~ fiLM 55 rALE 1306 5. The Grantor__ hereby covenants 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 maintained in such a manner that it would not interfere with the operation, use, repair1 maintainence, replacement and removal of laid residentia sewer . 2. That the Grantee may peaceably hold and enjoy the rights and privileges bere~n granted without any interruption by the Grantor__ or hlS successors and assigns. 3. That they have been lawfully seized of said premises; that they have good right and lawful authority to 8ell 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, admini.t~atora. successor and assigns of the Grantor. and upon the succeasora and assigns of the Grantee. -3- /. , . , . . . . . fiLM 55 PAGE 1307 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. "1 ,/' I FF I .~' / ~j / , ...,,// " . / "-'".'."'.'?'1'/;,;/z."~.' ~ .,' /-?0>/ .... t>" // CV..... .' ::)~ g cf(J-<JL) STATE OF MONTANA ) : ss County of Gallatin) i"n this ~ dsy nf tr 199>a before P~iC ~n a~aid Stat , personally appeared , .. , . 'lll"I/" ~ I< . known t. me to be they. erso ~R'~,\'S~ ~ e 11.'. 'I"i. name ~ subscribed to the w~t~~:..~......!.~ ,i'~FF instrument, and acknowledged to me that r.k;;- ~:.~ /.')-_ \v" \ executed the same. ;: ! a..... ,,?",r:-r, ~.. ~ d '. "lJ -"..., .,..,,,,,,~. .,~- _ 11II. ~ ,-. (JI'''''' II .., ,/ ;; rn": fr:. ...... I.:) : fit i ,. ~. .'-", f,'''' . =: ..'~ '. . ) 1. 0'11.0' .:-:: .-,)>"4"'" ..... .~. #-. ..';" .,_!~ II'.......",..~, "..." . ", . ary Public for th tate of l10n .?~,>:.;.., siding at Bozeman, Montana j1y.~ission Expires A'A.(' ~ Z C{' ( cz:. f' 0 . / -4- . . t . . . .. .: ~ILM 55 PALE 1308 THE CITY OF BOZEMAN By: JLL~~~ Mayor ATT~T:' ')J V. ... ~ ..'.., . > . .... (.; .... .: I ',..( . .", ~"I.. t' k -'\",;, "'..".. .,...t/~ ~ i -..,. , 1Il .g./'..~"","#. . ~ .;,:.-.~. " ,..~RNk' V . HARDING , 1. lJ1erJr-.of thf! Cl;ty~ommf sion " , ""'- 1~PROVED: · . ~. ~ c.i '() , c-9:torney STATE OF MONTANA ) : ss County of Gallatin) On this 6th day of March , 191}Q.J before me, the undersigned a Notary Public for the State of MontR na, personnally, appeared Duncan S. MacNab 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. I~ WITNESS WHEREOF, I ha'J'~ h!~n~unto aet my hand l',nd affixed my Not~n:l.~~l Seal on tl,"~ day auel ?ear i.n thiH Cel~ti Hcace first ab':Jve r,;X 1. t':~en, i/.,'{. . : ,\ fI '.".;'" , .. \', 1\ I.i ',.1 ;..', \' ~\ ,\ 'I. , ~ *. t,,: ~ I ~ .1,..... ,.."'.... T .'.r/;f?~~ )..:} [W. . . " . ".." n .r" ' ~ ..;: .. ,1' }, n If '.1" -.. ...:1.__,,,.... ~-- --- .~ : '" t.l .~1 Notary bUc fox' the State elf MontHna i L:C! t-= ,';:r f f R~8tding at l)O:r.CUllHl, Mo~t8.nA "\ \A..I' .-....:.~~'....L..t./ 1 My Commission Expires CJ,/.tk-.:.'<<"A_:f L:...-JS'fl r~... t.').. ""__. ...../~. /1 '......" .Iji 4l~ /''' .. )I'~" -y~~ .......,.....~". f":'t;:. :>>' 'I, -. llr:- f*~~'~\ "., I," ill l I ! '" ~ ~',.~Hlll~r~ -' "iii.;, ^~J ~'.~..__,"_"_i""-,~_ _~_._