HomeMy WebLinkAbout22 Recorded 1981 Sewer Easement EASEMENT AND RIGHT OF WAY AGREEMENT FOR
SANITARY SEWER TRtJrtK
FRM 64nat&30
THIS AGREEMENT, Made and entered into this day 0
A. D. 19 &, by and between B-K PARTNER5H P
(Lonnie W. Beck Ellen Kreigbaum�ar&s of the first part, hereinafter
called the Grantar � 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.
W I T N E S S E T H
WHEREAS, The Grantors arc the legal record title owner of
a 4.394 acre parcel recorded in the Gallatin County Courthouse as Film 58 Page 1931
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 sanitary seeier and necessary appurtenances
to serve various properties located within the Eastern
portion of the City of Bozeman and one or more such Tines would run
across the Grantors land; and
WHEREAS, The Grantee desires to acquire from the Grantor S. and
the Grantors are willing to grant to the Grantee an easement and
right of way across the above described property of the Grantors
and theirheirs, executors, administrators, successors and assigns,
for the purpose of installing, operating, using, repairing, replacing,
II maintaining, and removing said sanitary 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 S XXXX 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 s
nave ranted, bargained, sold, conveyed, and confirmed
se pres and by theents — 30 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 Grantors said easement and right of way to c `►sist
of a strip of land Thirfy �30) feet in width being Fifteen (I
feet of each side o the following described centerline along the southerly
property boundary and a strip of land Twenty (20) feet in width being
'Pen (10) feet of each side of the following described centerline along
the easterly property boundary.
beginning at a point 15 feet North 0012' East of the Southwest property
corner of said property on and along the West line of the Southeast
Quarter (St%) Southeast Quarter (SE!�) of Section 8; Thence, along a
spiral curve to the left parablel to the centerline median of interstate
1-90 having a deflection of 1 12'45" per 101) feet and 145 feet northeast-
erly of said centerline a distance of 214.86 feet to the end of said
spiral curve; Thence Scuth 70 34'00" East (which bearing equals South
70 32'45' East of Highway bearing) parallel to Interstate 1-90 Right-Of-
Way a distance of 79 89 feet and 10 feet northeasterly of said Right-Of-
Way; Thence North 14�31'43" East parallel to the East Boundary line of
said property a distance of 493.77 feet, more or less, to the intersection
with the southerly Right-Of-Way of U.S. Highway 10 and the end of the
easement.
In addition, a temporary easement 15 feet on either side of the permanent
easement is granted for construction purposes.
I
MOO 64 mE 1831
2, the perpetual right of ingress 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
sanitary sewer 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 Grantor S
as follows:
1. That, in connection with the installing, operating,
using, repairing, replacing, maintaining and removing,
of said sanitary sewer it will replace at its
sole expense, all existing fences, ditches and other appur-
tenances 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
F reasonably possible.
2. That, during operations involving excavation, it will
i remove the topsoil from the trench area to a depth of one
foot, or to the full depth of the topsoil whichever is less,
and stockpile said topsoil for replacement over the trench,
and will remove from the site any large rocks or surplus
excavated material or any kind of debris that may have been
i exposed by the excavation and remaining after backfilling
is completed and will leave the finished surface in substan-
tially the same condition that existed prior tv the beginning
E 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
in much 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 shod d become necessary for the
Grantee to re-enter the Grantors premises for the purpose
of repairing, replacing, maintaining or removing said utility
lines the Grantee will reimburse the Grantors for any actual
damage done to the Grantors premises or crops.
-2-
5,
The Grantor hereby covenants and agrees with the Grantee as fellows:
1. That at no time will they build, construct, erect or maintain
any permanent structure over or above the said _saR7tary
sewer _ unless such structure is built, constructed
and maintained in such a manner that it would net interfere
with the operation, use, repair, matntainence, replacement
and removal of said sanitary sewer
2. That the Grantee may peaceably hold and enioy the rights
and privileges herein granted without any interruption by
the Grantor s or therir 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, 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, administrators,
successor and assigns of the Grantors and upon the successors and
assigns of the Grantee.
E
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4-7
IN WITNESS HHEREGF, The said parties of the first part Vw•f,
hereunto set their hand-. and Sra Fs the Jay and yF-ar i i r•s t about:
wri t ten.
STATE Of r-If1rlTAPIA }
ss
ro+ni ty of Ga 1 l.i t i n )
On this day of 19�, before me, d not.rr-,
uubt is in/ and for said State,�rsonally appeared�;c.W_ &;fs
ellen 4ei 1Am known to mp to be the., in•r-ott
wllU`.l' nd4� --•._ subscri ' to the
wi t.,rin instruo-icnt, and acknowledged to me that _
executed the same.
flotary ub1' for
f
State tana ofm at Bozeman, Mr.nt#&' �:.r ; '`�y,•
My Cupfnission Expire-- ,
,4.
4
FRN 64MEJ&M
THE CITY 097L--
By: _
Ftayor
ATTEST: '
4.
Clerk of the City Commission 'i��j'
APPROVED: ` j{}
City #ttorney
STATE OF MONTANA )
ss
County of Gallatin )
On this M10' day of 24_&, before me. the
undersigned a Notary Public for the State of Fontana, personally,
appeare J,Ab'�)R',-'1 i >Z l,jf� Known to me to
be the Mayor and Clerk of the City Commission respectively, of the
City of Dozeman, 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 this Certificate first
above written.
- •- --
3• ��� ' ota Pu is for the State of'Fbntana
y Residing at Bozeman, Fontana
= - My Commission Expire.,
�iF rr4n
.,�OFO.�t p� 1I00(iD 4�� m Aww�S HII
IPLAIUD
8896'7
State of Montana t
Courrty of Gallatin f SS'
Filed Ju1y 31 , 19 81
a 8:30 A M•,and
Recorded in book_--
oo 64
MISCELI.6.4E0US�p� 0
Carnry Ckrk a Reowder
DeouH
Fee --
City of Bozeman -`-
BECK EASEMENT
fllil 64e&€1835
That the parties of the second part hereCY give and 3ra"t to the parties
of the first part a per-:anent easement for the installation and maintanence
of a sanitary sewer trunk gain over and across lands owned by said parties
for a 30 foot easement along the southerly and easterly boundary lines of
a 4.394 acre parcel owned by the second party as dFr_cr�bed and recorded in
the Gallatin County Courthouse as Film 58 Page 1931 and C.O.S. 246 (used
as the Basis of Bearing); said easement being Thirty (30) feet in width
being Fifteen (15) feet of each side of the following described centerline
along the southerly property boundary and a strip of land Twenty (20) feet
in width being Ten (10) feet of each side of the following described center-
line along the easterly property boundary.
Beginning at a point 15 feet '{0012'E of the Southwest property corner
of said property on and along the West line of the SE: SE4 of Section 8;
Thence, along a spiral curve to the left parallel to the centerline median
of Interstate I-90 having a deflection of 1012'45" per 100 feet and 145
feet northeasterly of said centerline a distance of 214-96 feet to the end
of said spiral curve; Thence S 70034'00'E (which bearing equals
S 70032'45" E of Highway bearing) parallel to Interstate 1-90 Right-Of-May
a distance of 74.89 feet and 15 feet northeasterly of said Right-Of-Way;
Thence N 1403l '43" E parallel to the fast Boundary line of said property
a distance of 498.77 feet, more or less, to the intersection with the
southerly Right-Of-way of U.S. Highway 10 and the end of the easement.
In addition to the permanent easement granted as provided above, first
parties shall also have an easement over the lands owned by the second parties
here to of an additional Thirty (30) feet on the northerly a westerly side of
permanent easement as a temporary easement to be used during construction, which
temporary easement to be used during construction, which temporary easement shall
terminate and end as soon as said sewer main is installed.
PARTIES OF THE SECOND PART: 8-K Partnership
,._ consisting of: Lonnie W. Beck
Ellen Kreigbaum
' L.W. Beck
RT. 8 Box 8 309 X. 3rd
Greenville. Tenn 37743 Perwwnent residence Bozeman, MT 5971
587-74M
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