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HomeMy WebLinkAbout63- Anderson Easement . . :..... .- . , '1 I . l;AGf G~)tj - J , ~ ~OOk /" ,,-' EASEUE'NT AND RIGHT-Of-WAY AGREElmNT FOR SANITARY SZrJER PIPE LINE THIS AGRBEl'1ENT. Ea.do and entered into this ;23 day of()'c: ~ C--rr-, A.D. 1965, by a.nd bcti"teen Arnold and Ruth Anderson, hus,!:>and and wife. Bozeman. Montana purt ies of the first part, hereinafter called the Grantor s . and THE CITY OF - - BOZEIIAN, a municipal corporation of the state of Bontana, in Gallatin County, the party of the second part, hereinafter called the Grantee. PIT N E SSE T H : 'lIEREAS, The Grantor s_ are the leGal record title ouner..!L of portions of the Lot No. Nine (9~, Block No. Three (3), Royal Vista Addition. a subdivision of Bozeman, Montana. j -.i and VJHEREAS" the Grantee, in the exercise of its poner and authority as a municipality of the State of i~ontana, proposes to- construct and install sanitary 8e'::er pipe lines for the collection and disposal of se....-rage and domestic wastes from the general area of Bontana State College betneen Bleventh and Tvrenty-third Avenues, south of Wes~ College Street thence in a generally northerly direction through the vresterly environs of the City of Bozeman to a connection uith the pre- sent sanitary:se','rer system in the vicinity of Forth'~i[:;hth Avenue and Birch street, a portion of which proposed sanitary seuer pipe line would run across the Grantor~ land; and VffiEREAS, the Grantee desire5 to acquire from the Grantors , and the Grantors - -- are villing to grant to the Grantee an easement and right-of-~~y across the above described property of the Grantor!-, and their heirs, executors, administrators, succe:ssors and assigns, for the purpose of installing, operating, using, repairing. replacing, maintaininG, and removing said sanitary sewer pipe line, and for suoh other rights of access and incidental rights as are hereinafter desoribed, all as hereinafter more particularly provided.. NOn" THEREFORE, in consideration of the sum of C <:;"0; od in hand paid by the City of Bozeman, the receipt whereof i:s hereby acknowledged, and in further consideration of the covenants and abreerr~nts be~:een the parties hereto, the Grant or s he. ve granted, barGained, 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 ritht-of-vay 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..L' said eas~ment and r ight-of-YJ'aY to consist of a strip of land thirty (30) feet invidth lying and beinG fifteen (15) feet on ~aoh side of the followirlt described center line: 1. . . . ~ .;;,. . (~l PAGt~;j7 ' . i r:ODI< - ". . - Beginning at the Southeast corner of Lot No. Nine (9) ~ Block No. ThreEl (3) , -.-- of the Royal Vis ta. Addi-c ion; thence Westerly dong the South line of said Lot No. Nine (9)~ a distance of fiteen feet (15 ft.) to a point; thence Northerly fifteen feet (15 ft.) from and parallel to the Sest line of Lot No. Nine (9), a distance of fifteen feet (15 ft.) to a point fifteen feet (15 ft.) West of the East line of said Lot No. Nine (9); thence Easterly fifteen feet (15 ft.) from a parallel to the South line of said Lot No. Nine (9), a distance of fifteen feet (15 ft.) to a point on the East line of said Lot No. Nine (9) fifteen feet (15 ft.) North of the Southeast corner of said Lot No. Nine (9); thence Southerly along the East line of said Lot No. Nine (9) ~ a distance of fifteen feet (15 ft.) to the point of beginning~ beinG the Southeast corner of said Lot No. N~~e fliJ.perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operatinG~ usin2;~ repairing, replacing and L~intaininG said sanitary sewer pipe line and appurtenances thereto and for the removing of same if and when desired by the Crantee, its successors and as signs; TO [lAVE AND TO HOLD the above described right-of-~~y "ith all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantor!- as followl$: 1. That, in connection with the installing, operating, usinc, repairing, re.. placing, maintaining and removinG of said sanitary sewer pipe line it v1ill replace, at its sole expense, all existing fences~ ditches and other appurtenances of said land that may be distrubed by its operation in a condition equal to the condition thereof existing before said operations ~ere beGun, or as near thereto as shall be reasonably possible. 2. That, durins operations involving excavation, it ,nIl remove the top~ .soil from the trench area to a depth of one foot, or to the full depth of the topsoil~ vnlichever is lesl$~ and stockpile said topsoil ro~y from the remainder of the excavated material; and in backfilling, this top- soil will be replaced as the top one~foot of the trench. It will remove from the site any larGe rocks or surplus excavated material or any kind of debris that may have been exposed l)y the e::cavation and remaininG after backfilling is completed, and 1"ri 11 leave the finished surface in substan~ tially the same condition that existed prior to the beginning of opera- tions, except that the surface of backfilled areas may be mounded suffi- ciently to prevent the formation of depressions after final settlement has taken place. 3. To install said sanitary sewer pipe line at such a reasonable depth below the surface of the earth as will permit normal cultivation of the ground. 4. To operate, use and n~intain said sanitary sewer pipe line in such manner as v~ll not hinder or prevent the proper oultivction of the traot through vmich this right~of-vmy is hereby granted. 5. That upon acceptance and execution of this easement agreement by the Grantee, the Grantee ,'Jill pay to the (-'-rantor~ ' in addit ion to the above speoified money co~sideration for this easement, the sum of One Dollar and fifty Cents U:i.50) per lineal foot for the first one hundred (100) feet, One Dollar (01.00) per lineal foot for the second one hundred (100) feet, and Seventy-five Cents <::'0.75) per lineal foot for the balance of the footage crossing the property of the Grantor ~ as measured on the centerline of the right-of-v~y, for damages to the premises and crops by virtue of the Grantee's entry thereon. The paym~nt herein speoified for damases to premises and orops shall be and constitute full payment to the Crantors for any such damage caused to the Grantor s premises and current orops, as an incident to the initial construction, install~ ation and maintenance of the sanitary sewer pipe line. 6. In the event that it should become necessary for the Grantee to re~ enter the Grantor-lL premises for the purpose of repairinb~ replacing, maintaining or removing said sanitary sever pipe line, the Grantee will reimburse the Grantor~ for any actual dama~e done to the Granto~ pre- mises or crops. z. ., :1'11I., .~~ . ' ;-:'1 ~~(iF ~58 , rJOCJk - ' . The Grantor5 hereby covenant and agree with the Grantee as follmis: - --- 1. That a.t no time \'!ill-/~bUild, construct. erect or rna.intain any permanent structure over or a ove the said sanitary sewer pipe line un- less such structure is built. constructed and Llcintained in such a manner that it vlOuld not interfere with the operation, use, repair, maintenance, replacement and removal of said sanitary sewer pipe line. 2. That the Grantee may peaceably hold and enjoy the rights and privi... leges herein granted without any interruption by the Grantor 5 or successors and assigns. -- 3. That!'f c-f itr€' lavlfully seized of said premises; that +Af'J ,hare good riG)ht and lawfuL authori"Gy" to sell the sa.me and that HI f'1: and fll nr heirs, executors, adlninistra-cors, successors and 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 be-hreen the parties hereto th~t this Agreement shall be binding upon the heirs, executors, administrators, successors and as s ic;ns of the Grant or .l.- and upon the successors and assi[;ns of the Grantee. IN WITNESS -1IEREOF, the Grantor..,L !Jare hereunto set fIlf?ir- hand Land se~l and the Grantee, The City of Bozeman, has hereunto set its hand, by its Mayorland its Clerk of the City Commission, each thereunto duly authorized. and has caused its corporate seal to be affixed, all on thisiJ~ day of.J~Af-'il7 Fer- . 1963. , " /1 7 / -' \' /., --, ,/.( \ i::-v,--<"l,: .'c/::L--<',--l.--/'.. I "" , ? iL,{---c // -- " '. ." <, . '\ .:/ LJ(}~ c /:.--<..-1--/ f . ,~~ \ / THE CITY OF D aZEMAN ~'- . -- ~ By ATTEST: ,~ ~4u/~ C. K. '-'1 sat:. Clerk of the City Commission APPROVED: ~ B"~ .' G, . City Attorney STATE OF MONTANA ) : ss COUNTY OF' GALLAT IN ) 3. " -"" , ,. _. I"~"'q ~ . ' . . .. I," ;." - F: O[W . , . C lYJllt:'''JU " ,I 1., ~(,' '" '" On this 25th day .f September, 1963 befcre m~ 1 the t~ndersiGned 3. Notary Pu1:;~.:...~ for the Stc.t e of Montana , pers onally appearec:.._}..rnoll...~..<LButh P Anderson.__ - lmC?jll tOfu0t0~"i:;::tn D,,:trs~,'ns'-1-=--.:;-.~T'j7j~':;:;TTIY:C; ~.. 01-'0 -~hC fo'ec-oin" b':t.,..- . _ "'.' J.: ,j __ ......,Io;)I,.J ...... .,.. -...... ,j.-.... ..... :).....c.1..L.,. ..i.l.. ... V .1.l.) ... ,-, - ~'I. ment as C'r8.:'tOls and ild<...:l,)';rl\)CII;;'d '~~(I llle i:i1c.t tl~ ha(].:')xs ~iJ.ted the s arne free ly and vobrrc8.rii.y-::-for th,;; uses e,nG. purpose::; t:1e"T.;"ir. f'XfJ:~v;scd... IN i'jITE'I;SS 'lCHEOF. I hlwe hereun'(;c set ny hand and affi:::ed my Notarial Seal or.. the day and year in this Certificate first above YITitten. / / /-/ ----;-/"'---- ( -- - Not;;Y~~bft~-1~r '~:~')t;;;"~f-r;T~~-~a/r' ResidinG at Dozema.n, Montana h~ Commission ~pires January 28, 1964 . STATE OF i ,ONTANA ) : ss COUNTY OF GALLAT IN) On this ~3 day of6cbt-ry-.. , 1963, before me, the undersiGned, a Notary Public for the state of T"ontana, personally appeared Fred' . Staudaher and C. E. "Us an, Im01m to me to be the: ayor and Clerk of the City Com.miss ion respect- ively, of the City of Bozeman, whose names are subscribed tothe nithin instrument and acknowledged to me that they executed the same for and on behalf of said City. IN '"ITIUSS IF'REOF. I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above ,TIritten. " :i2- ~// _d--e/ tary Pu lic for the Sta of j-ontana ResidinG at Bozeman, Fontana ""'. l:y Commission expires.-N/l"Cf/ v ?J': /5;?t:y ~" . ~ r / / i::D'.u,~/ ":',:',' """v .~"... . :,j1503 STATE OF MONTANA, COUNTY OF C" r i '\ T; \' }'i', ... i. ""~_ ,. .... L 1. fil"" Febr 21 d'U" ----- ____ __ '-nu ]J,a,;ry 10 64 :~~-- ~-;4~ ~,-~ ,,: 21 ----~.P-.-., 'd -MIS.CELLANEOUS ' . ?56_;~ ....n...n...._EARL WALTON __. k.7 COli' (,', ,'- - '--. ~y .zc",car47~A:~~ ":'.' J) - -- ,.. '______.m. Di:'pury, 4.