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Home My WebLink About63- Highway Commission Easement (2) .- - . . ; . . . Form No. 73 STATE HIGHWAY COMMISSION OF MONTANA HELENA ENCROACHMENT APPLICATION AND PERMIT ~H.__a?~~ILJ~~!~Q~~.!_9.~___~___~_22 (13) ______?~Q~Q.~~~_~!2______._____..____.m_____________ (Project Affected) (Maintenance Number) APPLICATION FOR PERMIT TO __P.l!H~~____~AA1.1!_Q,.~.__g~.~~-r__1I!!~~!...I!~gh~Y.:!_._._..._._ (Insert Nature of Permlt) 1. Name of Applicant: City Of Bozeman, Montana 2. Address of Applicant: 326 East Main street, Bozeman, Montana 3. If Applicant is a Corporation give State of incorporation and names of President and Secretary: Munioipa1 Corporation in the state Of Montana 4. Nature of Permit desired: (Give sufficient detail to permit thorough understanding, and submit blueprints or sketches, in triplicate, if desired by Engineer.) CrosB under the existing highway (US 10) east oity limits of Bozeman at Sta. 251-79.'.j. F 222 (1;) with a 12 inoh Vitrified Clay, sanitary Sewer Pipe approximately 12 feet below the present centerline grad.. Sketch attached. .-. ,_.,~,-~.. -. -~._'~._-, - -- ~--- . 5. Highway survey stations at or near which installations or structures will be installed: 25~79.4 F 222 (13) 6. For how long a period is the permit desired: Permanent 7. REMARKS: This sewer line is to serTe the Hillcrest Homes Retirement Projeot now under construotion in the Southeast part of the Oity of Boz~man. Dated at Bozeman , Montana, this 28 th day of February 19 63 , ~"""".'_F-:-'__""""'.- - --- , . ----.---' - - ,.---------- ,.............-.'. -.----.. . _u'.. _~._____=-"'.".'~;:'~ _Qll~_-1:!f~.z..eJllan...._J.1QnJana_.__ . - --~._~~,~,._._----------------- __________~l._~_ ~ OSCAR E. CUTTING City Manager '- -............... (INSTRUCTIONS CONCERNING USE OF THIS FORM) ". " '. Applicant will complete this form in triplicate and transmit it to the Division Engineer within whose division the high- way affected is situated. Division Engineers will, if the application is for a minor encroachment, I.e., installation of water, sewer, approaches, gas, and irrigation pipe, etc., and if he approves application, sign permit form on reverse side hereof. If application is for major encroachments, I.e., raIlroad crossings, attaching pipe lines to bridges, etc., the Division Engi- neer will forward form in triplicate through District Engineer to the Helena Office together with letter of transmittal giving full information and recommendation. When application is approved and applicant has signed acceptance, the original will be delivered to him. If Permittee desires, he may sign acceptance at time of signing application. . , F'orm 73 . ~ Rev. 7-31-57 PERMIT Subject to the following terms and conditions, the permit applied for upon the reverse side hereof, Is hereby granted: 1. TERM. This permit shall be In full force and effect from the date hereof until revoked as herein provided. 2. RENTAL. Rental shall be none 3. REVOCATION. This permit may be revoked by State upon givln~ 90 days notice to Permittee by ordinary mall, directed to the address shown in the application hereto attached, but the St.ate reserves the right to revoke thIs permIt without giving saId notice in the event Permittee breaks any of the conditions or terms set forth herein. 4. COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies Division Engineer shown In application when he proposes to commence work. 5. CHANGES IN HIGH\V A Y. If the St"~e should deem it necesC'ary anel/or desirable to ehange, construct, reconstruct, or othendse use for hig-hway plll'pOtSCS, t.he prelnises covered by this pcrnlit, Or any porHon thereof, and such ehange, eonstrurt.ion, reconstruction, at. usage shoul(1 ner-e.csitate changes in structurt"s, or installations. installed under this permit, Permittee shall make necessary ehanges and the cost lIwrenf ,.;l",n hR pair! in aecordance with the Jaw in effect. at the time the change is re'lulr('(j to be made; St.ate anr! PermIttee each reserves UH~ r.if,'ht 1.0 te(:;t. validity or conr::titutlonality of any such law. 6. STATE SAVmD HARMLESS FROM CI.AIMS. In accepting this permit the PermIttee, Its/his successors Or assIgns, agree to protect the State and save It harmless from all claims, actions or damage of every ktnd and descrIption which may aCcrue to, or be suffered by. any person .01' persons, corporations or property by reason of the performance of any such work. character of matel'ials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway )'lght of way, and in case any suit Or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittoe, its/his successors or assigns, will, upon notice to It/him of the commencement of such action. defend the same at its/hiS sole cost and expense and satisfy any Judgment which may be rendered agaInst the State in any such suit Or action. 7. PROTECTION OF TRAl<'FIC. Insofar as the Interests of the State and the traveling puhlic are concernerl, all work pet'formed under thi6 permit shall be done under the supervIsion of the DivI,lon Engineer of tile State Highway Commission and his authorized representatives, and he/they shall indicate barriers to be erected, the lighting thereof at night, placing of flagmen and watchmen, manner in which traffic is to be handled, and shall specify to Permittee how road surface Is to be replaced if it Is disturbed durIng operations, but said supervision shall in no wayoper- ate to relieve or discharge Permittee from any of the obligations assumed by acceptan~e of this permit, and espeCially those. set forth under Section 6 hereof. ' 8. HIGHWAY DRAINAGE. If the work done under this permit Interferes in any way with the draInage of the State highway affected, Perm!ttee shall, at its/hiS own expense, make such provisions as the State may direct to take care of said draInage. 9. RUBBISH AND DEBRIS. Upon completion of work contemplated under this permIt, all rubbish and debris shall be immediately removed and the roadway and roadside left In a neat and presentable condItion satlsfaetory to the State. 10. WORK TO DE: SUP,BJI{Vr'oED DY STATK All work contc'mplated under this permit shall be done unrler the supervision of and to the satis- faction of the author.i7.ed reprc,'cntativc of the State anrl the State here)1Y re,et'ves the right to orde[' the change of location or removal of any stl'ucture or in8tall~ lion authorizcd by this permit at any time, sair! changes or removal to be made at the sole expense of the Permittee. The cost of any such change 01' removal to be paid as provided in Section 5 hereof. 11. STATE'S RIGHT NOT TO Bl'J IN'fERFERED WITH. All such changes, reconstructing or relocation shall be done by PermIttee in such a man- ner as wlIl cause the least interference with any of the State's work. and the State shall In no wise be llable Jor any damage to the Permittee by l:llaS!lll_oLany such work by the St!'t~, its agents. contractors or I'~presentatlves, or by the exercise of any rights by the State UDon the hIghways by the lnstalfatr6ns or structures placed under this permit. 12. nEMOVAL OF INSTALLATIONS on STRUCTURES. Unless waived by the State, upon termination of this permIt, the Permittee Shall remove the installations or structures cont.emplated by thIs permit and restore the premises to the condition existing at the time of enterIng upon the same undel' this permit, reasonable and ordinary wear and tear and damage by the elements, or by cIrcumstances over whiCh the Permittee has no control, excepted. 13. MAINTENANCE AT EXPENSE OF PERMITTEE. Permittee shall maintaIn, at its/his sole expense the installatlons and structures for which this permit is granted, In a condItion satisfactory to the State. ~ 14. STATE NO'f LIABLE FOR DAMAGE TO INSTALLAT!ONS. In accepting this permit the PermIttee agrees that any damage or Injury done to said Installations or stnlCtures by a contractor working for the State, or by any State employee engaged in constructlon, alteration, repair, maintenance or improvement of the State hIghway, shall be at the sole expense of the Permittee. 15. STATFl TO BE RFlIMBunSED FOR REPAInING nOADWAY. Upon beIng billed therefor Permittee agrees to promptly reImburse State for any expense incurreel .in repairIng surface of roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit. 16. OTHER CONDIT!ONS AND/OR nEMARKS. Permittee shall maintain traffic at all times while installing sewer under highway. At least one half of the roadway shall be in uee by the traTeling public. --............-._~ Dated at Bozeman , Montana, this 28 th day of P'ebr-uary ,19 6, The undersig-ned, the "Permittee" mentioned in t.he fore. STATE HIGHWAY COMMISSION g-oing instrument., hereby accepts t.his permit, together ../ .~. . with all of the t.erms and condit.ions set. forth t.herein. L.~,.<-:1-..~"_-_-m...~- -:-- - _-.--' BX",':~-~':-:~:), ..",.. .~_-~ ._:::________-_~_=__::::___.::::_~_____~~__________;c_. _ _.. DIvIsion Engineer City...af_.J!ru::e .u_m_m__mumm_ State Highway Commission. /1/ gr~~<<t:~:ffNr~ _-~"'~<'~tpi1~"k~ ""m ~ ----....-