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HomeMy WebLinkAbout64- Boyes Easement . , BOOk '! '}' ; 'I' "! J' / ")t,,,.. /" h..- ,,' i.'~[1 t C ...... t ';' 1 " EASEUENT AND RIGHT-Or-WAY AGREEUENT FOR SANI7ARY S:-::t'ER PIPE LINE THIS AGRJ:i:EtENT. Fade and entered into this 8' day ofj;"q,~/4'I"Y I A.D. . 196~1 by and bctrreen J. Boyce end L~a R. Robbins, husbro1d ad wife, Dozerr~n. iTontana po.rt___ of the first part. hereinafter called the Grantor___, and THE CITY OF BOZEUAN, 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 : 'HEREAS. The Grantor L are the legal record title O1.JIler s of portions of the NEJ24 sr~- Section 12, To,mship 2 South, 'Ro.nge 5 East j and ~mEREAS, the Grantee, in the exercise of its povrer and authority asa municipality of the state of i"ontana, proposes tcr construct and install sanitary se'-:er pipe lines ,for the collection and disposal of sevrage and domestic wastes from the general area of Hontana state College betHeen JUeventh and Tvrenty-third Avenues, south of West ColleGe Street thence in a Generally northerly direction through the vresterly environs of the City of Dozeman to a connection Fith the pre.. sent sanitaryse'\7er system in the vicinity of l"orth -:;i~hth Avenue and [irch Street, a portion of \1hich proposed sanitary sever pipe line would run across the Grantor land; and V!HEREAS1 the Grantee desires to acquire from the Grantor s , and the Grantor s - -- are uilling to grant to the Gran tee an easement and right-of-nay 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, maintaining. 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 ::~Od7(;/ in hand paid by the City of Bozeman, the receipt 1vhereof is hereby acknowledged, and in further cons iderat ion of the covenants and agree!l'.ents betT:een the parties hereto, the Grantor~ have granted, bargained, sold, conveyed, and confirmed, and by these presents do hereby grant, bargain, sell, convey. and confirm unto the said Grantee a~ts successors and assigns the following rights and privileges for- ever: 1. A perpetual easement and riGht-of-vmy 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 easement and r ight-of-vray to cons ist of a strip of land thirty (30) feet in Tridth lying and beinG fifteen (15) feet on eaoh side of the followirl~ desoribed center line: 1. eoo~ . 11 (, ",'.... I' 1 ')1',"( I' /' ......, '" ~ /"llJr "_, '"- J A 30 ft., wide easement, 15 ft. on either side of the followinG described center line. Beginning at a point 396.0 ft. East of the 1.:Jest line of the ~ m'~ Section 12 and 329.5 ft.. more or less, North of the North line of'\'[est Curtiss street; thence Easterly 132.0 ft.. more or less, 329.5 ft. North of and parallel to the North line of ~ilest Curtiss street to a point 528.0 ft. East of the\'rest line of the ~ SV~ Section 12 and 329.5 ft. North of the Nortll line of West Curtiss Street. 2. The perpetual riGht of ingress nnd egress to and from said tract of land at all reasonable times for the purpose of installinG, operating, usinG, repairing, replaoinG and maintaining said sanitary sewer pipe line and appurtenances thereto and for the removing of same if and when desired by the Grantee, its successors and a.ss igns; '10 lLAVI; AND TO HOLD the above described riGht-of-way 'with all the appurtenances and privileges unto the said Grantee an4 to its sUQcessors and assigns forever. The Grantee hereby covenants and agrees with the Grantor__ as follows: l. That, in oonnection with the installint;;, 9perating, using, repairing, re- plaoing, maintaining and removing of said sanitary sewer pipe line it wUl replaoe, at its sole expense, all eJ::isting fences, ditohes and other appurtenances of said land that ~y be disturbed by its operation in a condition equal to the condition thereof existing before said operationa were begun. or as near thereto as shall be reasonably possible. 2. That, duriUG operations involving excavation, it will remove the top- 80il from the trench area to a depth of one foot, or to the full depth of the topsoil, whichever is less, and ~tockplle said topsoil avray from the site any large rocks or surplus excavated naterial or any kind of debris that ~y have been exposed by the excavation and remaining ~fter backfilling is oompleted, and \till leave the finished surface in 3ub~tan- tially the same condition that existed prior to the beginning of opera- tions exeept that the surface of backfilled areas may be mounded suffi- ciently to prevont the formation of depressions after final settlement ha3 taken place. 3. To install said sanitary sewer pipe line at such a re~.onable depth below the surfaoe of the earth as vrill permit normal eultivation of the ground. 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 which this right-of-vmy is hereby granted. 5. That upon completion of construction and installation of said sanitary Bower pip~ line the Grantee will pay to the Granter ~ in additi$n to the above speoified money eonsideration of this easement; the sum. of Six Dolla:r$ ((;.6.00) per lineal rod measured on the centerline of the right"or-w'l.!l.y tor damages to the premise, and orops by virtue of the Grantee's entry thereon. The payment. herein specified for damage to premise. and crops shall be and constitute full p~yment to the Grantor for any such damage caused to the Grantor lands and current crops, asan incident to the initial construction and installation of the sanitary .ewer pipe line. 6. In the event that it should become necessary for the Grantee to re. enter the Grantor__ premises for the purpose of repairing, replacinc, maintaining or removinG said sanitary sewer pipe line. tho Grantee ~dll reimburse the Grantor for any actual damaGe done to the Grantor pre- mises or orops. - -- rJOL1k i I,'; ';, ",)' /' J :) F'r /' I' ,_ L i!ILlt ;.,..,......(:., . '. The Grantor.l,. hereby covenant _ and e.g:::p.e~ nith the Grantee as follovfs: 1. That at no time "Ji llfd..:.i.... build, construct, erect or maintain any permanent structure over Qrabov:"! the 'Jaid sanitary sewer pipe line un- less such structure is built, constructed and I:laintained in such a manner that it ,muld not interfere "rith the operation, use~ repair~ maintenance, replacement and removal of s!O'.id 38.nitac.-Y sewer pipe line. 2. That the Cr2,ntee may peaceably hold and enjoy the rights and prlva.... leges herein granted "lrithout any interruption by the Gre.ntor J' or ffr:' Ii- successors and assigns. 3..That iAE'/ _ i(l-'2 18.YJfully seized of said premises; thatfl?f'y );C/ye good rlGht--ancr-lavlfu1 autho:"~ 'cy to sell the sa.me e.nd that Ii f"1 and I-/;nr. heirs, executors, adIT~nistrators~ successors end assigns, sharI uarrant and defend the title to said premises unto said Grantee, and its successors and assigns forever, abainst the lawful claim and demand of all persons vrhomsoever. 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 assicns of the Grantee. IN WITNESS - 'HERBOF, the Grantor L j;~ hereunto set fJ,f',r hand..:!... and seal s and the Grantee, The City of Bozeman, has hereunto set its hand, by its Mayor7nd its Clerk of the City Commission, each thereunto duly authorized, and has caused its corporate seal to be affixed, all on this g day of :;;;/7t'o'l 196~. ' 1 , />----:7 ,---;//f/ " < )( f ., ,,/,/ / ,7 tzt/;!f/ , /" )(~j'",,/ h? &oIrI~ ATTEST: THE C ITl OF ~ OZEVAN , / - ~_/. <..... J By / IJV-:--~/~ .J / l-r-----r---r-r ~,j..*~ ~.p.. Hayor R. HARRY MORROW \" c!'{J u/A'k--vr / C. K. "'1 SOli, , "'- Clerk of the City Commission ' APPROVED: ~.it~Cr.JR:' City Attorney STATE OF MONTANA ) I as COUNTY OF' GALLAT IN ) l:-;::12~<,- ~ /' ( ~ 3. ... , . ~ 11: ;~1 H'1GF2c3 " 'i On this f5 d2l.Y ef Jd/Jt.l4fY , 196~ before me, the undersigned a Notary Public for the State of ttlJlifd/14.. , personally appeared .:J, H, Rdt.t-/;'...s- Cl?7<Ci. Lfl/~ R. Rdlrt-/'r'J' - lmovrn. to me to be the person _ described in- and who signed the fore~oiI1L instru- ment as ('.rantor..z. and acknovrledged to me that the y had executed the same freely and voluntarily, for the uses and purposes therein expressed. IN ~fITN~SS TJIEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. '" ?r-~~ r/ \k/~~ Ndtary Public for the state of l:lontana ResidinG at Bozeman, Montana My Conunission 1:xpires ..]4/"hu/' y ?r /c;lt:-:'7 , / / STATE OF EOHTANA ) : ss COUNTY OF GALLAT IN) On this {.5J' day ofJ;/NtU,y , 196~ before me, the undersigned, a Notary Public for the State of Fontana!, personally appeared ~ - . OLlldd.er and R,Jfr/r/'/IIf/,},o'iu- C. K. 'ilson, lcrwrm to me to be the ;-ayor and Clerk of the City Commission respeot... 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 "IT1T;3SS IF'REOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above vvritten. ~ ftftl T --<-~- ~~r:L-lL( No ary Public or e' ate of Fontana. Res iding at Bozeman, l'lontana Ey COnmlission expires.,K//.'d"/" ,/ 76" /YU / _/ 4. ....~ ~ ~ , . ~ . r~-;::c i:\ Cr5---'~- ~'~ 1,[" 4 1_.__.""-,,,,-, ',"" "._,' ,W'"--~"".'l "'._ " (~, nE ,,", '"r' '" '~ ' ~L..";' ............. I" '",J . '.1 '7.1/;'~:'.-.._' ~,-, .: ..;.. ',':,:',..~..:... .-: ,," '. .""'.-~/ STATE OF MONTANA COUNTY Or' GALLATIN. }ss. ~12d--------n"f..~_bJ~)J~.:rYmg;L________. 19 64 1.---.2__:_3,1_.___.. P H-md nc:C;();'-\;,j in h,n!: "--....21--'...."". '-f -.MISCELLANE6iis-.-- --.---:-~~~" '-2"2"8 ___._._ft.~~~_ mm___.____EARL" WALTON 7 u___ ----, -- .----------.., By ~,<~~~~:4!;Z~~-j;'~,~";:.~ Fee $ -- '---------.....______....m ",putY._ 4.