HomeMy WebLinkAbout70- Wood Release and Satisfaction
R E LEA S E
AND
SAT I S F ACT ION
The undersigned hereby acknowledges receipt of the sum of $1.106.39
as full satisfaction for any and all damages to lands, premises and crops
proximately caused by the construction and installation of a sanitary sewer
pipe line by the City of Bozeman, Montana over and across lands and prem-
ises of the undersigned described in that certain "Easement and Right-of-way
Agreement For a Sanitary Sewer Pipe Line" dated the 9th day of April
1969 and filed of record in the office of the County Clerk and Recorder of
Gallatin County, Montana in Book
4
of Miscellaneous page~. The
undersigned further acknowledges full and satisfactory performance of all
covenants to be kept and performed by the City of Bozeman relating to
replacement of all existing fences, ditches and improvements; the satisfac-
tory restoration of the surface of trench areas and the installation of said
sewer pipe line to depths permitting normal cultivation and hereby releases
and forever discharges the City of Bozeman, Montana from any and all liabil-
ity of any kind or nature whatsoever arising from the performance of each
and all of the aforesaid covenants.
Dated this ~ day of & e.----~~ '
1970.
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ROLFE & WOOD, INC.
STATE OF MONTANA )
( ss
COUNTY OF GALLATIN ~ _
On this~ day Of()Y~19~ before me, the undersigned a
NO~y ~~b~..p_~t~t~~_Montana, person:~~~n ai~e::e~o be the persons
~and who ~~he foregoing instrument as Grantor and
acknowledged to me that ~ had executed the same freely and voluntarily,
for the uses and purposes therein expressed.
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.
Notary Publicfi--- th tate of Montana
Residing at eman, Mo~ana
My Commission Expires ~_ / ~; /'l7tJ
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EASEMENT AND RIGHT-oF~WAY AGREEY~NT
FOR A SANITARY SE'NER PIPE LI~ffi
THIS AGREEMENT, Wide and entered into t,hif;
9th day of
April
A. D. 1969 , by nnd between Rolfe pnd Wood, Ioc. party of the first p'lrt,
hereinpfter CAlled the Grpntor, and THE CITY OF BOZEMAN, a municipal corporation
of the St.3te of hont"ll!), in Gallatin County, the p;:>rty of the sf)cond part,
hereinafter called the Grantee.
WIT N E SSE T H :
v-nmPEAS, The Grantor is the legel record title ovmer of portions of the
NE~ of Section Thirty~five (J5) TIS, R5E, M.P.N. and
W'1mrCM3, the Gr;mteo, in the exercise of its power and authori Ly p s a
municipality of the Stn.te of Ivlont;ma, proposes to constnct. and iost3.11
p sanitary sewer interceptor trunk line to collect "od trC1.nsport sewClF':e and
domestic wa stes from various a.reF1S within the Cit:y of Bozeman to the new sewage
disposal plAnt 8i te located in the SEi, NW~, and swi, NSi. Section 26, Tl::;,
R5E, M.P.Iv:. and would run across the Gr;mtor land; and
WHEREAS, the Grantee desires to "'couire frorr the Gr,"ntor, and the Grantor
if willing to grant to the Grc,ntee pn easerr:Emt And right-of-'tleoy '"CTOfS the
pbove de9cribed property of the Gri?nLor, and hL~' heirs, executor" adwLids-
tratol'f'., f;ucce"sors -"nd ass1gns, for the pllrpoc-e of lf1staI1i.ng, 0ror-otinr;,
using, repairing, replacing, maintiJining, ,snd removing seid sanitary sewer
pipe line and for such other rights of c:ccess ,"nd incident'll rightf a" c.re
hereinafter described, pll eos hereinafter more DArticul~rly provided.
l'JOVJ, TfilWEFORE, in cOW31rjenticn of the SlJm of <'50.00 in hcmd p8id hy
the City of Rozerr,'''n, the rscoipt whereof is herehy acknowledf~ed, and
in further consirleration of the coven."nts and rgreements hetween the f\"'rties
hereto, th", Grc:ntor ha,s granted, h-"rg::dned, sold. conveyed, And ccnf:Lrmed,
and by thcge presents does hereby F':r?nt, barg'll,n, sell, convey, and confirm
unto the said Grl'mtee and its succe~:1sors and aSciigns the followinz right s
and privileges forever:
1. A perpetual easement and right-of~wa.y for the purpose of lnst?lhng,
oper!3ting, lJfdng, repniring, replacing, ffiaintflininp; and removing " s"lniU.ry
~3e\over pi.pe 11ne thereto upon Rod Rcross the above des~ribed property cft,he
Gr'mtor lying vJithin the Northeast Quarter (NE,~) of Eection Thirty-five (35)
TIS, R5E, M.P.M. and more particularly descri~ed as an casement thirty (30)
feet in width, fifteen (15) feet on either side of the following des~ribed
centerline:
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Deginn~Lng at -e. point on the east line of sal d Sedion Thirty-five
(3S) five hundred ~8vent:,-four (574) feet more or less North oi' U;0 Ens\:'
Q1l"Tter cornr~r of s"~d ,'3edion Thirty-five (5) "nd fHt,A'Cn (15) feet,
we",tedy of the southwestiJighw'lY right.-of-wa;y Lire of Interstf'te 90 f1~,
centerline Station 1564 + 84 as now constructed; thence North ~wo degrees
twenLy-!~even minutes !:nd forty-four f,econds VJest (N 020 27' 1j,4" 'd) fifteen
(15) feet from And par"llel to the Southwest highway right-of-WAY line of
Inter?tate 90, " distAnce of one hundred forty-four (14L) feet more cr
lcs~, to highway centerli..ne P.T. Station 1563 + 39.97; thence l\orthwes:,:J;r'l~"
fifteen (15) feet distnnt frOlIc and p'lNlllel to the ssid :_Jouthl'1lPstc:rl:i rir:ht.-
of-way Lin", of Interstate 90 plong a four thousand one h'~mdred ~'?v~nt;;.'-two
and five tenths (4172.5) feet r~dius curve to the left p distance cf one
hundred eighty-six and forty-five hundredths (lf~6. L.5) feet to co rcir:t c:'
intpt'section with the westerl:l riGht.....of-way line of the co'mt:' ro"d, 1-:'cin,';
centerline :.:~t"tiOi1 1561 + )+7.95 of Jnter,,:tate 9() as new constrl)J~+,ed and
b8ing the tn,_", point of bec;:Lnni ng; thence continuing !lorthwester.ly fifteen
(15) feet distcmt from and parallel to the south\.,resterly right-or-way line
of said Interstate 90, along a four thousand one hundred seventy two and
five tenths (h172.5) feet radius curve to the left p dist""ce of one thousand
fift~l-::ix ;mcl thirty-nine hundredths (1056.1=1) feet tOg point on the south
bank of the Jpcksor-Luce IrriGPtion Ditch; being th0 CCIT,mon !'~('pert;'l line
between the Rolfe A.nd Wood propertY' ~'nd the nropert;;/ of .Jpmes "T.'md F:. ,Jpne
vvalker, hrving a tot2l cent.erline of epsement dist"'nce or one Uwusnnri
[ift,y-slx And thirty-nine hundredths (1056.39) feeL Also c triangular
trE'tct of lcmd lying within the westerly right-Of-wa;y line of the cO\mty
rOed and a line drawn pcrp~llel to and thirty (30) feet distAnt southerly
of the westerly right-of-way line of Inters.tate 90 between Interstate Hi..ghway
Station 1561 + h7.95 and 1562 + 98.97 together with a temporary right to
enter and occupy during construction of the sanitr;,ry sewer an 2dditional
thirt,y (30) feet of width westerly of and ad,jacent to the above described
e?sement, as shown on the attached exhibit.
2. The perpetupl right of ingress and egress to and fro~ said tract
of '1.nd r>t ell re2son",ble times for the purpoce of in!':tplling, opere>ting,
using, repairing, replacing and maintpining s~ld sanitary sewer pipe line
and oth er 'J,ppurtenpnces pnd for the removin[~ of sarr.e if pnd W~(?'l desi red b;y
the Grp.ntee, it? successors ,gnd asc,ig,ns:
TO HAVE AND TO HOLD THE above described right-of-way with all the
appurtenanr:es and privileges unto the said Grantee and to its succes-
sors and assigns forever.
The Grantee hereby covenants and agrees with thr:- Grant"r AS fo1101'S:
1. That, in connection with the installing, operating, using, repAir-
ing, replacing, mpintaining and removing of said sanitary sewer pipe
line it will replA,ce, at its sole expense, All existing fences, ditches
;md other appurtenAnces of said lnnd thc>t mey be disturbed by its
operation on a condition equal to the condition thereof existinG
before s~id operations were begun, or as near thereto as shall be
reasonably possible.
2. That, during operAtions involving exc'J.V:~tion, it will remove
the top:,-'Oil from the trench Area to g depth of one foot, or to t.he
full depth of the topsoil, whichever is less, and stockpile said
topsoil a,way from the 2ite any lRrge rocks or surplus eXC!W".ted
material or any kind of debris that ill,:'!y have been exposed by the
excavation and remaining after backfilling is completed, and will
leave the finished surface in subst'lntially the same condition
th?t existed prior to the begirning of operations ex~ept thpt the
slJrf'c!ce of backfilled are,?s may be n;ounded sufficientl:' to rrcver.t
the formation of depressions after final settlement hps taken place.
3. To install SAid sanitary sewer pipe line at such" reason-'1ble
depth below the surface of the earth as will permit norrr:pl culti-
v"tion of the ground.
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4. To operate, use and mn,int,'3in said sanit,;;Jry sewer pipe line in
81Jch manner '1.5 will not hinder or; prevent the proper cultiv'ltion
of the tract through which this right~of~wpy is hereby r;rcmted.
5. That upon completion of construction end inst911a.tion of seid
SAnitary sewer pipe line the grAntee will pay to the grantor, in
addition to the above specified money con~i.rler'3tion fer this
easement, the sum of one dollar and fifty cents (t,1.50) per lineal
foot, for the first one hundred (100) feet R.nd one dolla.r (~,1.')O)
per lineal foot for the balance of the footage crosFing the property
of the gr'3.ntor as rneasured on the centerline of the right-of~way,
for damage to the premises and crops by virtue of the gr,<>ntee's
entry thereon. The payment herein specified for dlJ.mrl,ges and creps
shall canst itu,te full payment to the grantor for any such damage
caused to the grantor's premises and current crops, as an incident
to the initiAl construction end inda llation of the sanita..ry sewer
pipe line and appurten;mces.
6. In the event that it should becorr,e necessary for the Gra.ntee
to reenter the Gr~ntor's premises for the purpose of repairing,
replacing, maintaining or removing s;:mitary sewer pipe line, the
Grantee will reimburse the Grantor for'iny actual damage done to
the GrAntor's premises or crops.
The Grantor hereb;y covenants and agrees with the Grantee AS follows:
1. Tha.t at no time will he build, construct, erect or maintain any
permanent structure over or e.bove the said sanitAry sewer pipe line
unless such structure is built, constructed and maintained in such
'3 manner that it would not interfere with the oper:,tion, use, repAir,
maintenance, repl.s.cement end remov?l of said sani.t';ry sewer pipe
line.
2. ThAt the Grantee may pea.cably hold and enjoy the rights and
privile,ges herein granted without Any interruption l~y the Grpnt0r
or his successors and assigns.
3. Thc:t he h<'s been lA.wfully seized of :'i2j.d premises; thst he hps
good right 2nd lclwful ;:mthority to sell the same cnd thAt he And
his heirs, executors, AdministrAtors, successors and assigns, shell
warrant and defend the title to said premises unto sRid Grantee,
and :Lts successors and assigns forever, ag;ojnst the Ipwf1;1 claim
and demAnd of all persons whomsoever.
It is understood ~nd agreed by and hetween the parties hereto that
this Agreement shRll be binding upon the heirs, executor2, administrators,
successors and assigns of the Grantor ?nd upon the successors and assigns
of the Grantee.
IN 'iiITl'lESS WHEREOF, the Grentor ha:o hereunto set his hand anrl Feal
and the Crentee, The City of Bozeman, h? s hereunto set its hand, liy its
Mayor and it2. Clerk of the City Commission, each thereunto duly authori7.ed,
and has caused its corpor?te seal to (o;,e affixed, all on this 9th day
of April , 196 9 .
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RCLFE AND WOOD, INC.
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ATTEST:
CITY OF BOZEMAN
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By:I&h~~
R. Harry MOU ,'Ma r
APPROVED:
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Ben_...E/. Berg,'Attorncy' j/ "
STATE OF MONTANA )
) S8
COUNTY OF GALLATIN )
On this ~ day of April ,1969 before me, the undersigned a
Notary public for the State of Montana, personally appeared
William A. Rolfe & Lucile B. Wood known to me to be the persons
described in and who signed the foregoing instrument as Grantor and
acknowledged to me that they had executed the same freely and voluntarily,
for the uses and purposes therein expressed.
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.
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Notary Public foi the State of Montana
Residing at Bozeman, Montana
My Commission Expires August 17, 1969
STATE OF MONTANA )
) 5S
COUNTY OF GALLATIN)
On this 10th day of April, 1969 , 1969, before me, the undersigned a
Notary Public for the State of Montana, personally appeared R. Harry Morrow
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 thise Certificate fir~ above wri,~ten'l
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Nota Public for the State of Montana
Residing at Bozeman, Montana
My Commiss ion Expires ~~lgUS t 17, 1969
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PLATTED -A
State of Mont., County of Gallatin. 58 Filed for record , Apri 1 17 i'1969
at~: 45~M., and recorded in Book 4 of "MISCELLANEOUS page~9
~AH~ L. STUCKY Recorder. By~~eG'ci? t7 ff 7""L' C:/"Oeputy
Rt: City of Bozeman
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