City of Missoula v. Rose

This action involves the proper construction of an easement -deed for land in Missoula County, Montana. In 1963 the respondent, hereafter called the City, created a Special Improvement District for the purpose of constructing a sanitary sewer line to extend city sewer service to the real property that is the subject of this litigation. On October 5, 1963, the appellant’s predecessor in interest granted and conveyed, by a written instrument to the City “* * * a permanent easement and right-of-way, for the purpose of constructing, maintaining and removing a sanitary sewer line as now surveyed…