HomeMy WebLinkAbout69- Bozeman School Easement
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EASEI~T AND RIGHT-OF-WAY AGREEMENT
FOR A SANITARY SEWER PIPELINE
THIS AGREEMENT, HADE AND ENTERED into thi:c
25th day of June
A.D. 196~, by and between the Trustees of Bozeman School District No.
7 of G.3l1atin Count.y parties of the first p?rt, hereinAfter c:~l1ed t.he
Grantors, .snd THE CITY OF BOZEMAN, a municipal corpor:lticm of Lhe St:lte
of Hontana, in Gallatin County, the party of the second p.,trt, hereinafter
called the Grantee.
WIT N E SSE T H :
WHEREAS, The Grantors are the legal record title owners of portion
of the R~~, NWt, Section Twelve (12), T2S, R5E, M.P.~. and,
WHEREAS, the Grantee, in the exercise of its power ,gnd au~horit~t
a~l a municipality of the State of Kontana, propOf)es to constr~lct and
install ,,", sanitary sewer interceptor trunk line to collect ,'lOd tra.nsport
sewage and domestic wastes from v."lrious areAS withi.n the Cit.y of Bozp.man
to the new sewage disposal pl"cnt. site locat.ed in the SE~, NW~ and SW~,
NE~, Section 26, TIS, R5E, M.P.N. would run across the Grantor land;
and
WHEREAS, the Grantee desires to acquire from the Grantors, ,0nd the
Gr<Jntors are willing to gnnt to the Gr-"lntee an easement and right-of-way
across the above described property of the Grantors, and heirs, executors,
(?,dministrators, successors and assigns, for the purpose of instAllin;:;,
oper8ting, using, rep<9iring, replacing, mainte.ining, And removing said
sanitary sewer pipeline and for such other rights of a~cess 'lOd incidentAl
rights as are hereinafter described, all as hereinafter more particul"ITly
provided.
NOW, THEREFORE, in consideration of the sum of $1.00 in hand paid by
the City of Boz.eman, the receipt. whereof is hereby acknowledged, A.nd in
further consideret.ion of the 8fwen<'lnt2 ,md a.r:reemer.ts between trle parties
hereto, t.he GrE.ntor<:: have granted, bargained, ~;oJ.d, conveyed, E,r.d confirmed,
and by these presents do hereby grant, barg,<tin, ~oell, convey, ;:md ~onfirm
unto the said Grantee and its successors and assigns the following rights
and privileges forever;
1. A perpetual easement a.nd right-of-way for the purpose of install-
ing, operating, using, repairing, repl~clnf" ffiAintclining clOd removing a
sanitary sewer p:ipeli,ne therp.to uv~n and p.cro:"'? tr:e'lb()v~'~ descri,bed property
lying wit.hin the City of Bozem,qn, Count.,y of GallC1tin, State of Hont,'lna in
the Nort.heast, (.iuarter of the Northwest Quarter (!IlE~, Nwk) of Section Twelve
(12), T2S, R5E, M.P.M., and more particularly described as follows:
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,1 I'G[ 130f)
A fort.y (40) feet wide easement twenty (20) feet on either side of
the following described centerline beginning at a point six hundred seventy
six and two tenths (676.2) feet south of and twenty (20) feet west of the
north qU!1rter corner of' said Section Twelve (12) SRid point of beginning
being located on the North line of the Junior High School property as
described in Rook 144 of Deeds of Ga,llat:i.n County, p,'1 ge 28, pnd twenty
feet west of the west line of North Eleventh Avenue. Thence; North six
minutes East (N 00. 06' E) twenty (20) feet west of and par,'",llel to
North Eleventh Avenue. A distance of four hundred ninety six snd two
tenths (496.2) feet together with a tempor!'lry right to enter and occupy
during construction and instalhtion of a sanitary sewer on additional
twenty (20) feet of width westerly of'Jnd adj"cent t.o the "tove described
forty (40) feet wide sewer easement.
Thence: becoming a thirty (30) feet wide easementftfteen (15) feet
on either side of a centerline continuing north forty four degrees-fifty
two?nd six tenths minute West (N 4L~. 52.6' W), a, dist'lnce of two hundred
twelve and one tenth (212.1) feet to a terminus point on the south line
of Durston Road, together with a tempor~ry right to enter and occupy dur-
ing construction and installation of a sanitary sewer Clnd Additional
thirty (30) feet of width, fifteen (15) feet on either side of and
adjacent to the above described thirty (30) feet wide sewer easement..
Total length of centerline 708.3 feet.
2. The perpetual right of ingress and egress to and from said
trAct of land at all reasonAble times for the purpose of insta.lling,
operating, using, repairing, replacing and ma,intaining said sanitary
sewer pipeline and appurtenances thereto And for the removing of same
if and when desired by the Grantee, Hs successorsqnd assigns:
TO HAVE AND TO HOLD the .sbove descri bed right-or-way with all
t.he appurtenances and privileges unto the said Grantee and to
its successors and assigns forever.
The Grantee hereby covenants cmd agrees with t.he Grantors as
follows:
1. That, in connection with the installing, operating, using,
repairing, replacing, mClint:-dning and removing of said sani-
tary sewer pipeline it will replace, at its sole expense, all
existing fences, ditchef; and other ,:jppllrtenilDces of si'id lend
that m<JY be disturbed by its opertLtion one; condition eqw1l
to the condition thereof existing before s.qid operations were
begun, or as near thereto as shall be re,qsombl;y possible.
2. That, during operations involving excavation, it will
remove the topsoil from the trench area to a depth of one foot,
or to the full depth of the topsoil, whichever is less, and
stor:kpile said topsoil away from the site ,3n;l large rocks or
surplus excavated material or any kind of debris th8t may have
been exposed by the excavation and remA.ining clfter backfilling
5.:0 completed, 2nd "r.ill leave thog fini:o'hed surfAce in substA,n-
tially the same condition tbat existed prior to the beginning
of operations except that the surface of backfilled are2S moJo'
be mounded sufficiently to prevent the fOrnl"tion of depressions
after final settlement hieS blken plpce.
3. To install said sanitary sewer pipeline at SUCh? re"'son-
Abl", deptb belaH t.he surface of th", e"rth "',rill perrnit i,c,r-
mal cuH,iv::Jtion or the grmmd.
4. To operate, use ,,'nd mRintain s,-,id SelnitClry sewer pipeline
in such manner ,'5 will not hinder or prevent t.he proper culti-
v2tion of the tract through which this rigMJ-of -wA,y is her,:o,ty
granted.
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5. In the event that it should tecomp nece~s':'ry for t.he Grar:tee
to re-enter the GrAntors premises fc,r' the F:rp,)se of r"pp"irl.,ng,
repl"cing, m;:dnt-.ining or removing C"Rnit.dry :"ewer pipeline, the
Grantee will reimburse the Gr',ntoN" for an:1 ,"!ctu,ql d.i'ffi'!ge done
to the Gr0ntors premises or crops.
The GranLors he~ety covpn~nts ?ort a~rees with the Gr:~tep RS ~ollows:
1. That at no time will the;y- build, constr":;:" er",~t or [['ain-
t,"in",ny permanent. structur<? over or :,bove the s.'1,id "'r) i ~,1ry
SEn~cr p:i_peline lmle2f) such strud,ure is h1ilt, C'oP~t:'ly~I-,ed and
mr.d':lt'~~~,n",d;_C' s'Jeh -, .11"'," Dnp.1:' t.h,',t j,1.."cl:l(j rWT~ ~L'-J.(~r'f('re with
Lh 2 () pf::: l"'~~ t, :.~.,C':'.l, 'I,};:;"~'~, ~.I~,:? }".. ~l ',~_ r~, rn:'i .':.n L E:~l'i ,r:": n c (',:" , r":'::~ ~""l ~,~ ;:~n, f.~:\'
of ~;"id sanitnr;y sewer pipeline.
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2. Thpt the Gr2ntee may pe8c?hly hold And enjoy the rights
and privilege~ herein gr"nted without-:-ny interrupticn by the
C;r~rltor~~ or thoi~~ succe~~or? ,~:rld ~EEi~n~.
J. ThAt, t,hcJ' h'wc l'c'wfully seized of ::;<''..(} preJ',}_~~es.; Lh3t tJJ7
1\<V0 bood right, ,Clnd hwful 8uthorit;Tto sell ':J,e ::n.r.8:Jnd thtlt,
the;)' i!Od their hei.rs, executors, FJdrr,inist.l'?tors, C"lccessors
Rnd as!';igns, sh211 war-re1nt and defend the t.itle to f;J,id prerdses
unto said Grmtee,,,nd :1 ts ~'Uccessors And a~~sjgns forever,
eg"inst the le'wful e1:dm ;'ind dem?nd 01',,-11 persons whomsoever.
It is understood <"nd agreed ty ::md between the pnrties hereto th"L
this Agreement shelll be binding upon the heirs, executors,'ldminic,tr?tors,
su~cessors ?nd ,'1ssigns of the Gr'mtors "nd upon the successorf pnd:Jssigns.
of the GrJnt.ee.
IN WITNESS WHEREOF, the GrJ:>ntors h Clve hereunto set. t.heir t1'1nds 8nd
::;e,<~ls,nd t.he Greentee, The Cil.y of Bozercln, h'<~ hereunto set. its hand,
by its Mayor ,'!.nd its Clerk of the City Conunisdor., e?ch thereunto duly
2uthorized, !lnd hes caused its corpor::.te se81 to be "ffixed,"ll on
thi s ~ day of ,~1 ,-- -- ,196,L::....
TRUSTEES OF BOZEMAN SCHOOL DISTRICT
NO. 7 OF GALLATIN COUNTY
ATTES'l' :
By,:
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Esther Nelson, Clerk
AT'rEST:
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By: ! ~I (--"1[..-- ,
R. a rry Morro
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Erna V. liaMing,
Clerk of the Corrunlss:ton
APPROVED:
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Beni:'B~.~g, City Attorn5ey
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STATE OF MONTANA )
) 55
COUNTY OF GALLATIN ) ~
On this /ol!!' day of , 196fl- before me, the under-
signed a Not3ry Public for teState of Mont:ma, personally 2,ppe3red
Trustees of Bozeman School Dh;trict No. 7 of Gall'Jtin County, known to
me to be persons described in end who signed the foregoing instrlllTtent
,'1.8 Grantors and acknowledged to me that they had executed the same freely
Imd voluntarily, for the uses and purposes therein expresfed.
",'IN' WJ;TNESS WHEREOF. I h2ve hereunto set my h";od nnd affixed my
:.N'Oiad~J;" S~~l on the daY1nd year in thi::: Certificste first "d--,ove writ!:.en.
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Not~ . Public f r the State of Montana
Residing at Bozeman, M~ ~/
J.~y Commission Expires /2 /Y'~:?
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STATE OF MONTANA )
) 55
COUNTY OF GALLATIN )
On this ~6-1 day of , 196L, before me, the under-
signed a Notary Public for Nontana, personally Appec~.red
R. Harry Morrow and Erna V. Harding, known to me to be the Na;yor and
Clerk of the City Commission respectively, of the City of Bozeman,
whose names are subscribed to the within instrument A.nd acknowledged to
me that they executed the SClme for and on beh:df of SAid Cit;y'.
IN 11fITNESS 'tJ}{EREOF', I have hereunto set myh"lnd i'lOd affixed my
Notarial Seal on the day and year in this Certificate first above
written..
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Not, y Public fo the State of MontanA
Residingqt Bozeman, Mol}.t'!U12
My Commission Expires f~ /1/7'4
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INDEXED
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PLATTED
State of Mont., County of Gallatin. 55 Filed for record
at 10: 00 A. M., and recorded in Book 4 of
CARL L. STUCKY Recorder. By
Rt: City of Bozeman office
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MILTON K. NEGUS
SUPERI.NTENCENT
MRS. ESTHE:F( NEL50N
CLERK
BOZEMAN PUBLIC SCHOOLS
TELEPHONE; 586-2364
SCHOOL DISTRICT NO.7
P_O_ BOX 520
BOZEMAN, MONTANA
. February 26, 1971
Mr. Harold A. Fryslie
City Manager
Bozeman, Montana
Dear Mr. Fryslie:
Enclosed you will find the acknowledged satisfactory per-
formance of all covenants described in the easement and
right-of-way agreement for the sanitary sewer pipeline
dated June 25, 1969.
The final work was inspected by Woodrow Wold. He reports
that other than hand raking to prepare the ground for
seeding, the work seems to be satisfactorily completed.
Yours truly,
BOARD OF TRUSTEES
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Esther Nelson, Clerk
Encl.
D R AFT
29 January 1971
Re: Sanitary Sewer Easement
(Junior Hir.h Site)
11 Mise. 1305
Mr. Harold A. Fryslie
City Manager
Bozeman, Montana 59715
Dear Harold:
We hereby acknowledge full and satisfactory performance
of all covenants described in that certain IlEascment and Right-
of-Way Agreement For a Sanitary Sewer Pipelinell dated the 25th
day of June, 1969 and filed in the Clerk and Recorder's office
of Gallatin County in Book 4 of Miscellaneous Page 1305, relat-
ing to the restoration of the surface of trench areas, the
replacement of fences, ditches and other improvements, and the
installation of said sewer pipeline at sufficient depths per-
mitting normal cultivation of the surface and other specific
items covered in said Agreement and releases and forever dis-
charges the City of Bozeman for any and all liability arising
from the performance of e,aeh and all of the aforesaid covenants.
SCHOOL DISTRICT NO. 7
BOARD OF TRUSTEES
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Clerk
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