Loading...
HomeMy WebLinkAbout63- Kenck Easement .. ~ ., , . It ," "'" .... C:lr1AGEC44 ~ - . :. 8(~h ----~ EASEUENT AND RIGHT-or.'lfTAY AGREElIENT FOR SANITARY S::riER PIPE LINE THIS AGR~EI:rENT, ro.dc and entered into this I.f day of ~ i'f~.r1 !r-e/i A.D. 1965, by and bchreen Ralph E. and Dorothv Kenck and TIilliam~. and Anna Sutter: Bozeman, Montana. part___ of the first part, hereinafter called the Grantor~ , and THE CITY OF BOZEIIAN, a municipal corporation of the State of Hontana, in Gallatin County, the party of the second part, hereinafter called the Grantee. ~ I T N E SSE T H ; ']-IEREAS, The Grantor s_ are the leGal record title miller L of portions of the NE-} Sy~ Section 12" Township 2 South" :R~nr;e 5 East. 0 --i and VlliEREAS, the Grantee, in the exercise of its pocrer and authority as a municipality of the state of ;~ontana, proposes to' construct and install sanitary se'-rer pipe lines ,for the collection and disposal of sewage and domestic wastes ... from the general area of 1I0ntana State College behreen ~leventh and Twenty-third hvenues, south of West ColleGe Street thence in a generally northerly direction through the ,'resterly environs of the City of Dozer.1an to a connection nith the pre.. sent sanitaryse',-rer system in the vicinity of Forth -:;i:.,hth Avenue and tirch street" a portion of which proposed sanitary sewer pipe line vrould run across the Grantor!- land; and VffiEREAS, the Grantee desire~ to acquire from the Grantor~, and the GrantorA- are 17illing to grant to the Grantee an easement and right-of-y,ray across the above described property of the Grantor!:...! and their heirs~ executors, administrators, successors and assigns, for the purpose of installing,. operating" Using, repairing" replacing, maintainin~, and removing said sanitary sewer pipe line, and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOlT, THEREFORE" in consideration of the sum of ~ft cJ t! i1l hand paid by the City of Bozeman, the receipt 'vhereof is hereby acknowledged, and in further cons ide rat ion of the Qovenants and agreements betneen the parties hereto, the Grantors have granted, barGa~ned, sold, conveyed" and confirmed" and by these presentS-/do hereby grant" bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges for- ever: 1. A perpetual easement and richt-of-v~y for the purpose of installing, oper- ating, using, repairing, replacing, maintaininc and removing a sanitary sewer pipe line and appurtenances thereto upon and across the above described property of the Grantor.2.' said eas-ement and r ight-of-YJaY to consist of a strip of land thirty (30) feet in width lying and beinG fifteen (15) feet on "8.Oh s-U.e of the follov-ring describ&4 eenter line: 1. , !1 . '(I f('~ tliJOk t.._.. rJAl;[(-,4~) . i . .. "A 25 ft. wide easement. 10 0t.~ on 'the Y,'est s ide and 15 ft. on the East side- : . ;r "'i~he following described center line. . Beginning at a point 10 ft. East of the Northea.st corner of the NY~ SY* Section 12; thence Southerly 660.0 ft., more or less. 10 ft. from and parallel to the West line of the ~ S1F:t to a point on the North end of 15th Avenue. And also, 30 ft. wide easement. 15 ft. on either side of the following des- cribeg center line. Beginning at a point 10 ft. East of the West line of the ~ S1~ Section 12 and 329.5 ft., more or less, North of the North line of West Curtiss Street and also being the centerline of ~est Olive Street extended from the East; thence from said point of beginning Easterly 254.0 ft., more or less, 329.5 ft. North of and parallel to the North line of West Curtiss Street to a point 264.0 ft. East of the 'Nest line of the ~ SV% Section 12 and 329.5 ft. North of the North line of~est Curtiss street. 2. The perpetual riGht of ingrest and egress to and from s~i4 tract of land at all reasonable times for the purpose of installinG, operating, usinb, repairing, repla.oinr; and ~intaininG said sanitary sewer pipe line and appurtenances thereto and for the removing of same if and when desired by the Grantee, its successors and as signs ; TO HAVE AND TO HOLD the above described riGht-of-way with all the appurtenances and privileges unto the said Grantee ani to it. sUQcessors and assigns forever. The Grantee hereby covenants and agrees with the Grantor~ as follows: 1, That, in oonnection with the installi~. 9perating, U8ing, repairing, re- plaoing, maintaining and removing of said sanitary sewer pipe line it will replaoe. at its sole expense. all e"cisting fences, ditches and other appurtene~cel or said land that ~y be disturbed by its operation in a condition equal to the condition thereof existing before said operatio~ vmre begun. or as near thereto as shall be reasonably possible. 2. That, during operations involving excavation, it will remove the top. ,oil trom the trenoh area to a depth of one foot, or to the full depth Qf the topsoil, whichever is less, and stockpile said topsoil away from the site any large rocks or surpl~ exoavated naterial or any kind of debris that may have been exposed by the excavation and remaining after backfilling is completed, and ,till leave the finished surfaoe in substan- tially the same oondition that existed prior to the beginning of opera- tion3 exeept that the surface of baokfilled areas may be mounded suffi- ciently to prevont the formation of depressions after final settlement has taken place. 3. To install said sanitary sewer pipe line at such a rea.onable depth below the sUTfaoe of the earth as will permit normal cultivation of the gr ound. 4. To operate. use and maintain said sanitary sewer pipeline in such manner as will not hinder or prevent the proper cultiVation of the tract through vmieh this right-of-v~y is hereby granted. 5. That upon completion of oonstruction and installation of said san1tcry Gower pip. line the Grantee will pay to the Granter~# in additien to the above specified money oonsideration of this easement, the sum of Six Dolla~s (;:,S.OO) per lineal rod measured on the centerline of the right-or-way tor damages to the premise. and crop. by virtue of the Grantee'a entry thereon. The payment. herein specified for damage to premise. and crops shall be and constitute full po.yment to 'the Grantor~ for any such damage caused to the Grantor.::a." lands and ourrent erops, as an mcident to the initial oonstruction and installation of the sanitary .ewer pipe lins. 6. In the event that it should become neceuary for the Grantee to re_ enter the Grantor~ premises for the purpose of repairing, replacing, maintaining or removing said sanitary sewer pipe line. the Grantee ,rill reimburse the Grantor~ fer any actual damace done to the GrantQr~ pre- mises or orop.!,. . ; . . ..Ii II" . " tJ PAGE cilt} ~ r]r~.1~;' . .~ The Grantor~hereby covenant __ and ag~ee_____ \'rith t~le Ch'antee as follovrs: 1. That at no time will ~bUild, construct, erect or maintain any permanent structure over 0):" a OV'2. the '3aid Sl:\nitD.ry sewer pipe line un- less such structure is builJv, constructed c.nd Jlc.intained in such a mAnner that it 1iTould not interfcr0. vrith th? opere/vion, use, repair, r,laintenance, replacement and removal of said 3~nita~y sewer pipe line. 2. That the f'rD_ntee may peaceabl;T hold and enjoy the riGhts and privi'" leges herein granted nithout any interruption by the Grantor2.. or MFlr successors and assigns. 3. That i!J.t!y I!fI'P lavrfully s~ized of said premises; that ~ j,C{ye good riG,;ht arid lawful autho:o:i Gy to soll the same and that M'E'~ nd Me//.:: heirs, executors, adIT~nistrators~ se0cessors ~nd assigns, sha 1 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 betvteen the parties hereto thQt this AGreement shall be binding upon the heirs, executors, administrators, successors and assiGns of the Grantor2:.. and upon the successors and assicns of the Grantee. IN WInTESS - 'HEREOF, the Grantor S dd hereunto set ~elr hand .3 and seo.15 lmd the Grantee, The City of Bozeman, has hereunto set its hand; by itB Mayor~nd its Clerk of the City Commission, each tl1ereunto duly authorized, and has caused its corporate seal to be affixed, all on this ;Zy day of OC!-&7/'--1>r-, 1963. /~ ~,,-I /lJiJ?i"~ . _ (/ dl-Q-I--4 ~ ~ / J(.%~ P-~I a~l--l /r1 /a - - 1/ 1'./ (/-:/_~-t~ /tt;;i / THE CITY OF E OZEEAN By .~~.lj /l1 ffirt0-~<,~L FRED r;. STAUDA.'fmlR, Hayor ATTEST: - , c. K.t{ri:i uL~~ Clerk of the City Commiss~~n APPROVED: ," ~3M. / ,(~cJ &- (/ City Attorney STATE OF MONTANA ) : 5S COUNTY OF GALLAT IN ) 3. . , . . . . 1 ,'-A . . , ~l PAGfC4'1 · , . .. . \ t tnw< . - . -- ----~.- ,." On this 28 day of October, 1963 before me, the undersigned a Notary Publio for the Stat e of I'fontana ~ pers onally appeared Ralph E~. and Dorothy Kenck and 'Nilliam T. and Anna Sutter knovm to me to be the person described in and who signed the fore~.inc instru- ment as Crantor _ and aeknolirledged to me that they had executed the same freely and voluntarily, for the uses and purposes therein expressed. IN t{InnSS 1]EREOF. I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above v~itten. .' ~4"Z-~ N6tary Pub io for the st;Z of Hontana Residing at Bozeman, Ewntana . - ~ ~ . , < ~~ Commission ~xpires January 28. 1964 STATE OF EONTANA ) : ss COUNTY OF GALLAT IN) On this /3 day Or)::.'ff.l7/Hr , 1963, before me, the undersiGned, a Notary Public for the State of Fontana, personally appeared Fred: . Staudaher and C. K. "Us on, blO'rm to me to be the: -ayor and Clerk of the City Commiss ion respect- ively, of the City of Bozeman, whose names are subscribed to the Yli thin instrument and aclcnowledged to me that they executed the same for and on behalf of said City. IN "ITWTISS IFcREOF. I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. ~/c -// / , _ /, / / \~7-~:L-V~-(" Notary Public for the State of j'ontana Residing; at llozeman, riontana Ey Commission expires. ;j;V/7'/d' /'./;; Jr /;7('/(,./ , ,.i .'. ., I'," .,.. .. ~ ' . _...~.. I f\; l>:_~ iJ t~- .~ .~ roo PLAiYfjJ~-~ ..~.j....~_J STATE OF MO[\lTANA, J COUNTY OF GALl.iI..l'iN. ss. FiL'd__..__...m.Ji'.ebruary__.21.... , 19 64 AL...--2-:.3-7-"....__ _.___._.P..M.. Gnd R-.;.;;".:;i-'.~'_'G iI, ).'<.':.<': .~l. _ H_______of MISGELLANEOllS______ ~'-:~;':JC __Z.4.4..... --....__._......._E_AR.L WALTON_______.._..... ~ c""c"~ Cn' ';C-';':" "'U&, -0. 0 /./ .."J .. .7 BY'r- ..-,_:~--:~:~::.{t!<<&?~~~:'i:'(i/ Fee $____"':'_"':'__________..___... . Deputy. 4.