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HomeMy WebLinkAbout73- Gallatin County Encroachment Application ., GALLATIN COUNTY ENCROACHMENT APPLICATION AND PERMIT County Road #11 (project or Road Affected) (Maintenance Number) Water Transmission Line Easement (Insert Nature of this permit) 1. Name of App1 icant : City of Bozeman 2.. Address of Applicant: P. O. Box 1407 Bozeman, MT 59715 3. If Applicant is a Corporation give State of incorportation and names of president & Secretary: Municipal Corporation 4. Nature of Permit desired: (Give sufficient detail to permit thorough understanding, and submit blueprints or sketches, in triplicate, if desired by Commissioners Q) (See attached construction plans) A permanent easement 30 ft. in width lying 15 ft. each side of the following water trans- mission main centerline stations: 10+00 to 10+75, 12+170 to 13+85, 14+10 to 18+70. A permanent easement varying in width (but approx.!8ft.) lying west of station 18+70 to eograp ~ca po~n s at or near w ~c ~ns a a ~ons or s ruc ures W~ 2 +34. be installed: Near E 1/16 line in HE 1/4 Section 7, T3S, R6E, MPM s. 6. For how long a period is the permit desired: Indefinitely 7. REMARKS : Dated at Bozeman, Montana, this 5th day of November 19 73 City of Bozeman Subject to the fOllowing terms and is hereby granted: ..--e c( (Signature of A plicant) Harold A. Fryslie, City Manager conditions, the permit herein applied for 1.. TERM.. This permit shall be in full force and effect from the date here of until revoked as herein provided. 2. RENTAL. Rental shall be 3.. REVOCATION. This permit may be revoked by the County upon giving ~!J days' notice to Permittee by ordinary mail, directed to the address shown in the application hereto attached, but the County reserves the r~ght 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 County Road Superintendent when he proposed to commence work. 5. CHANGES IN HIGHWAY: If State or County changes highway necessitating changes in structures or installations installed under this permit, Permittee ahall make necessary changes without expense to State or County.. 6 Q STATE AND COUNTY SAVED HARMLESS FROM CLAIMS. In accepting this permit the permittee, its/his successors or, assigns, agree to pr.otect the State and County and save them harmless from all claims, actions, . . , or damage of every kind and description which may accrue to~ or be suffered by, any person or persons, corporations or property by reason of the performance of any such work, character of materials used, or manner of installation~ maintenance and operation, or by the improper accupancy of said highway right of way. and in case any suit 9r action is brought aqainst the State or County and arising out of, or by reason of. any of the above causes. the permittee, its/his successors or assigns, will. upon notice to it/him of the commencement of such action, defend the same at itsjhis sole cost and expense and satisfy any Judgment which may be rendered against the State or County in any such suit or actiono 7. PROTECTION OF TRAFFIC. Insofar as the interests of the State and County and the traveU.ng public are, concerned. all work performed under this permit "hall be done under the supervision of the County Superintendent of Roads Cilud h.llii authorized representatives, and he/they shaJ,.i indicate barril'u'8 t:o be. .rect,ed, the liqhting thoreof"t ;1iqht, pli4icing ;)f'. fl.;.... men and watchmen, manne~ in Which traffic is to be handled, and .hall apecify to permittee how road surfaae ia to be replaced if it i. di.- turbed during operations, but said aupervimion shall in no w~y op4rate to relieve OJ:' di8charge Perm~tt.e from any of the oblig'ltion~ ill:JM,umed by acoeptance of this permit, and lIapac.1ally 'c.hoae Oiill" i',,:., ;;;~lu1l1Gi'\;)t' Section 6 hereof. 8. HIGHWAY DRAINAGE. If the work done under thia permit into~fo~6a in any way with tha drainage of the highway affect6d. Permi~te" ~hall. at ita/ hi sown Ei:x:pense. make such provisions aH the County may d.L:r,,~,:.:t t;i,) take care of said drainageo 9. RUBBISH AND DEBRIS. Upon completion of work contemplat~d ',-"-__Ide:.." t.his permit, all rubbish and debris shall be immediately removed and the roadway and zoadside left in a neat and presentab~e conditioll satis- factory to che County" 10. WORK 'fa BE SUPERV"::SED BY COUNTY. All work contemplat~d undGr:h~s per- m~t Gh,:d,l rXl (icnG I.lndt!r the supervision of and to the-: sat::'.Lil'~l.."'~,J.on of the a...t,ho:r:L~e,l ,L;presentar.ive of the C(ju~l.ty" andche COCtlt.y ~;"3J,.',;;by reserves the :c;,"glr\:.~ to order the change of location ox :remO\l('J,:.. of any structure or installation authorized by this permit at anyi..:.l.me, said changes or removal to be made at the sole expense of 'the permittee.. 110 COUNTY"g RIGHT NOT TO BE INTERFERRED WITH. All such changes, recon- structing or relocation shall be done by Permittee in such a manner as wilL i:au:,,;e, the least interference with any of the County 0 b \.,,(~;~~1:J and the County shall in no wise be liable for any damage to the Permittee by reason of any such work by the County, its agents. contractors or representatives, or by the excercise of any rights by the County upon the highways by the installations or structures placed under t.hisPermit. 12. REMOVAL OF INSTALLATIONS OR STRUCTURES. Unlsss waived by the County, upon termination of this permitb the Permittee shall remove the installations or structures contemplated by this Permit and restore the premJ.ses to the condition existing at the time of ented.IH] upon the same undeI" this permit. reasonable and ordinary wear and tE:ar and damage by the elementso 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 irs tallations and structures for whicb, this permit :LS granted.. in a condition satisfactory to the County, 140 COUNTY NO'!' LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or injury done to said installation or structures by a contractor working for the County or by any County employee engaged in construction, alteration. repair. maintenance or improvement of the County highway. shall be at the sole expense of the Permittee 0 15. COUNTY TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed the!'2foI'P.:~rmittee agrees to promptly reimburse County fOl anl;' expense incurred in repairing surface of roadway due to settlement at install- ation" or for any other damage to roadway as a result of the work performed under this 'permito DATED at Bozeman. Montana. this J....~ day of j)"l " , 19 13 # 16. All cul~ert., placed in driveways connecting to County or secondary roads must be new and galvanized. and the size recommended by the bridge foreman 0 No abutments may be placed at the ends of the culverts, which will extend above the surface of the driveway, and no curvings or obstructions above the level of the existing road in the County right-a-wayo COUNTY OF GALLATIN BY ATTEST: ~,I '~~~6<c~r::n~7;~~:;;~~ -(J~/7 The undersiqned. the Ilpermittee" mentioned in the foregoing instrument. her,by accepts thi~ permit. toqether with all of the terms and conditions .it'"forth therein 0 City of Bozeman /:' ~,-p L ....,.......- ce. d--", ~ () . / . " ,I, VI ~---/ ,~,'t-" permi ttee" Harold A. Fr/slie, City Manager