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HomeMy WebLinkAbout65- Humble Oil Co. Easement II"'" ~ , BOOK 22 PAGE293 '.', ,.' .-... i _ ~ I . . EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR SANIT~Y SEWER THIS AGREEMENT, Made and entered into this 3rd day of Septeaber A.Do 196JL, by and between .. Humble Oil Co. part..z.- of the first 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 portions of the I~t8 2R, 29, ~O, ~l, ~2 n~ Rln~k ?A, >>n~~h~~ PA~;~;~_ ,- - and WHEREAS, the Grantee, in the exercise of its power and authority as a munici- pality of the State of Montana, proposes to construct -and install an 8" sllnit.",ry sewer lateral . would run across the Grantor land; and WHEREAS, the Grantee desires ,to acquire: .fI"Olllthe ,.Grantor-,and the Grantor_ is willing to grant to the Grantee an easeaentand right-'of-way across the above described property of the Grantor-, and theirtteirs, executors ,administrators, successors and a.ssigns, for the purpose of in'sta:lling, operating, using, repairing, replacing, maintaining, and removing said RAni t.A7 AAW~':. and for , such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREOFRE, in consideration of the,sum of $ 1.00 in hand paid by the City of Bozeman, the, receipt whereof is hereby acknowledged, and in further con- siderstion of ~agreemento between thel'arties hereto, the Grantor_ has " ::::~ :andconfirmed, and by these pre- sents _ hereby . ~lI:~~rY"'-~7<v andoonfirm unto the said Grantee and its succepsors and assigns the following rights and privileges forever: 22 PAGE294 , < i , ./to ... : " ~ BOOK 1. A perpetual easement and right~of-wayforthe'Purpo'se'of installing, oper- ating, using, repairing, replacingp maintaining.&nd removing's. ~~i tarv sewer ~:p:i.p8 ] i ne - R" ,thereto upon and acros's the above described property of the Grantor--J said easement and right-of-way to consist of a strip of land Six ~~) feet in width lying and be-ing JIOre tully described to-wit! . Beginning at a point on the westerly lot line of lot 32 Block 28, Northern Pacific Addition said point being~ feet northerly of the southwesterly corner of said lot 32; thence easterly parallel to and 'Ph feet distant from the southerly lot lines of said lets 32-31-30-29 and 28 a distance of 124 feet; thence northerly parallel to and 1 foot distant westerly from the easterly line of said lot 28 ~,distance of'6 feet; thence westerly parallel to and 100 feet distant northerly from the southerly lines of said lots 28 thru 32 a distance of 124 feet; thence southerly along the westerly line of said lot 32 to the pOint of beginning. Being a ~trip of land _6'. southerly-lIE lImh...-.aUJIIllIllMIilCIlVof the centerline of a proposed 8ft sanitary Bower. 2.. The perpetual right of ingre sand egress to and,from said tract of land at all reasonable times .for the purpose of hat,ailing, operating,using, repairing, replacing and maintaining said Aft R.nit~~7 R<<WAP l~+AP.' - and for t he 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 appurten- ances and privileges unto the said Grantee and to its successors and assigns forever" The Grantee hereby covenants and agrees with the Grantor_ as follows: L, That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of ,said 8" sanitary sewer la.teral it will replace, at its sole expense" all existing fence,s, ditches and other appurtenances of said land that may be distunDed by its operation in a cond- ition equal to the conditionthereofexiating before said operations were begun, or as near thereto as shall be reasonably possible. 2. That, during operations involving excavation, it will remove the top- soil 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 aWAY from the site any large rocks or surplusexoavated material or any kind of the site any large rocks or surplus excavated material or any kind of debris that may ha,ve been -exposed by the excavation and remaining after baokfilling is completed, and will leave th~ ,finished surface in substantially the same condition that existed prior 'to the'beginning of o.perations except that the surface of backfilled ar~ may be mounded sutficl~ntly to prevent the formation of depressions after final settlement has taken place. 3. To install said Sn S~lTIit.Ary 1Il8WtIl!l'" ht.Al"'Al' line at such a reasonable depth below the surface of the earth as will permit normal cultivation of the ground" - 40 To operate, use and maintain said 8" 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. 5. :,t ----------""""--~~_......<:IIIa__r.-:>~_..._________________...... r . 22 PAGE295 II> .. BOOK : ' ~ 60 In the event that it should become necessary for the Grantee to re- enter the Grantor_premises for t.he purpose at repairing, replacing, main- taining or removing 8ft sAnitarY sewer l~teral line,'t.he Grantee will reimburse the Grantor_ for any actual. damage _done to the Grantor_ premises or cropso 70 The Grantor_hereby covenantL and agre6L with tbe"Grantee &s tollows: 1.. That at no time will he build, construct, erect or maintain any permanent structure over or above the said 8" 8anita~ sewer lateral unless such st.r:ucture' is built, constructed and maintained in such a manner that it would ,not interfere with the operation, use, repair, maintenanceljl replacement and removal of said' 8" sanitaq sewer lateral. 0 2. That the Grantee may peacably hold and enjoy the right8 and privileges herein granted without any interruption by the Grantor_or hil'l successors and assignso they have good right and lawful author that they and their ,heirsljl exe '"' istrators, ,successors and shall warrant e title to said premises unto said ccessors and assigns forever, against the lawful claim and It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Grantor_ and upon the successors and assigns of the Grantee.. IN WITNESS WHEREOF l/ the Grantor_ haa 'heremto ',set his hand_and seal_ and the Grantee, The City of Bozeman, has heretmto' set its hand, by its Mayor and its Clerk of the City Commission, ~acn thereunto duly authorized, and has caused its corporate seal to be affixed, all on this )rd day of September , 196~ 0 HUMBLE BIL & REFINING COMPANY 0, K. as to ,-7' transaction,,,. ,.........., """". O. K, as to (,}f ti- , Attorney-in-Fact form....",'....................._...... " . ' .~; I 'l' .. " III 41 If ~ " ; , ,:~:.: ?':":~ .. ' , -' "k-.," .. '...-.... ). /, ' , .. "_ t " . .G. - ,... ' . ".- ':, 'j B ...~ ~.. , . "WI '. ',' . ,,....,... i . ti.. ~"".. ....~\ ~,........... . AT ' :4 ! : l 1 \ < \" , " I '~""r.~, "".- ., y /,./'/ ..,/, P ~. /' o ,/,,'/7 ,"-----' /,' 4--zJ-cy ~ Clerk of the City Commission APPROVED: ''--f~ / 9J([ fl. ,L , City Attorney . BOOK. 22 PAGE296 ~ . Illinois . ~ , ' .. Attorney~in-Fact ~TATE OF ILLINOIS ) ) 55: r COUNTY OF DU PAGE ) l I, Marilyn Speh , a Notary. Public, do hereby certify j that G. T. PHIPPS , personally known to me to be the same ' person whose name is, as Attorney-in-Fact, of HUMBLE OIL & REFINING COMPANY, a corporation of the State of Delaware, subscribed to the foregoing instru- ment, appeared before me this day in person and acknowledged that he, being duly authorized, signed and delivered the foregoing instrument as the free and voluntary act of said corporation and as his own free and voluntary act, for the uses and purposes therein set fortho ~ _ .' ~ I ", Given under my hand and seal this 5.d :"'~af:"6t:.'Sep'"l_ber , 19...M.,. ~....~ . ,... , :. .... . , .", , .,', .. . <1'..-/ . .N~taP>.lblic My Commission Expires; . ,,~'.:: ' ' AUiPBt 10, 1967 __ STATE OF MONTANA : ss COUNTY OF GALLATIN ) On this Ir day Of~"Pt- tf!"r- , 1965. before me, tl1e undersigned a Notary Public for the Staie of Montana,. ,personally-appeared k /Ifill/? '/ H t?)? R tl t{/ and ER t/ J)- V< HAt/? P //)"'r:.. , 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 ha:ve hereunto set "11I7 hand and affixed my Notarial Selll on the day and year in this Certificate first above written. , ~ ary Public for the State or Montana Residing at Boseman, Mon a ,.,,11";:'''' . My Commission expires ",-r;;/u"#/' y #70 /j7j{'7 \....\ \,. '~, './I I' ./ ,:.,"'>".>.:..,..~',<..' . . . . . ":: -~;" \. ". l ~i II ", : ,,}: I '.'~ .,: ~ "',', ' " .'" : .< ,~:11 't. -( .;- .~~ :, ::,...,;,~.:..~.'..,.: ,'::,./ ""'/',.~ ""::''';:''~ " II't"'I:II~~" \" ., ~ INDEXED 641475 PLATTED V State of Mont., County of Gallatin, sa. Filed for recora October 11 at 10 . 30 A. ' Y1965 . · M.. and recorded in Book ~ MISC. 293 CARL L. STUCKY Record..... By - . 4 ~DeDI\l3I Rt: City of Bozeman '