HomeMy WebLinkAbout64- Corcoran Easement
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EAS~ffiNT AND RIGHT-OF-WAY AGREEMENT FOR SANITARY SE~~R PIPE LING
THIS AGREEMENT, Made and entered into this
IS
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d"lY
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1964, by and between .____,_129_naLcL~_!.__.,i;1nd ~uni.ce_P. CO!J:~~.t
of Bo z em al'lLklo n_t a.!} a . ____,_'","..-.__,_ ..._ M. _...._....._"._""_,_._ ._,_
partie::: of the first part, hereinafter called the Grantor~, and THE CITY OF
BOZEMAN. a municipal corporation of the State of Montana, in Gallatin County,
the party of the second part. hereinafter called the Grantee.
wIT N E S S R T H :
WHEREAS, The Grantor ~ ~ the legal record title owner~,of portions
of th e,..B.l~~gl<.~._I.~.r~_e_(]J..._3'D~,~Y!~_ JAt.oE ..w.~.F E5' R e<lt::r.~3:r:g~rr.~n t~J th ~e_s.~~.__,__,
Sid~_, AdE2:ti.on to the City of Bozeilian, Montana:
and
WHEREAS: the Grantee. in the exercise of its power and authority as a
municipality of the State of Montana, proposes to construct and install sanitary
sewer pipe lines for the collection and disposal of sewar;e iind domestic wastes
from the general area of Montana State College between Eleventh and Twenty-third
Avenues, south of West College Street thence in a r;enerally northerly direction
through the westerly environs of the City of Bozeman to a connection with the pre-
sent ~;anitary sewer system in the vicinity of North Eighth Avenue and Birch Street,
a portion of which proposed sanitary sewer pipe line would run across the Grantor s
land; and
dHEREAS, the Gr,sntee desires to acquire from the Grantor !?_, and the Grantor,!2
are willing to grant to the Grantee an easement and right-of-way across the above
described property of the Grr1Jltor1?, and 1.11eiE. heirs, execut,oN" adrninLstrators,
successors and assigns, for the purpose of installing, operating, using, repairing,
replacing, maintaining, and removi.ng said sanitary sewer pipe line, and for such
other rights of access and incidental ri.ghts as are hereinafter described, all as
hereinafter more particularly provided.
NOW. THEREFORE, in consideration of the StUll of $ 1/ {l d in hand paid by
the City of Bozeman. the receipt whereof is hereby acknowledged. and in further
consideration of the covenants and agreements between the parties hereto, the
Grantor.;'2. have granted. bargained, sold, conveyed, and conf i_rmed, and by these
presents ~ 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 right-of-1tray for the p'Jrpose of installing, oper-
ating, using. repairing, replacing. maintaining and removing a sanitary sewer pipe
line and appurtenances thereto upon and across the above described property of
the Grantor~, said easement and right-of-Nay to consist of ~XMX~:XKXMM~MK~
~XX~~XiKOC:JmXg(XNX~X()b~~~~:x:~X~~**xt:xXlXiXlXi;C
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!,."._ PfiGE\. tJ,'-'J:
A strip of land ten (10) feet \-lide, five (5) feet each sid~, of the foUoHing
described line. Begi_nning at a point on the westerly line of Block h, '15.75 feet
southerly of the northwesterly corner of said Block L~; thence easterly parallel
to and 75.75 distant from the northerly line of said Werre Rearr"mgement thru
lots 4-3-2 and 1 of said Block 4 a distance of 268.6 feet to the easterly line of
said Block 4: also.
Beginning at a point on the vJesterly line of Block 3, '15.75 feet southerly
of the northwesterly corner of said Block 3; thence easterly parallel and '/5.75
feet dist~mt from the northerly line of said ,-Jerre Rearrangement thru lots 4-3-2
and 1 of sa~d Block 3, a distance of 268.6 feet to the easterly line of said
Block 3.
2. The perpetual right of ingress and egress to and Prom s~id trqct of land
at all reasonaole times for the purpose of installing. operating, using, repairing,
replacing 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 assigns:
TO HAVE AND TO HOLD THE above described right-of-way with all the appurten-
ances and privileges unto the !laid Grantee and to -its successors and assigm; for-
ever.
The Grantee hereby covenants and agrees with the Grantor s as follows:
1. That, in connection with the installinr;, operating. using, repairing, re-
placing, maintaining and removing of said sanitar;y' se'v'er pipe line it will
replace, at Lts sole expense, all existing fences, ditches and other appur-
ten>nces of' saLd land that may be disturbed by its operation in a condition
equal to the condition thereof existing before said operations were begcill,
or as near thereto as sh811 be reasonaoly possible.
2. That, during operations involving excavation, it ",rill remove the top-
so"il from the trench area to a depth of one foot, or to the full depth
of the topsoil. whichever is less. and stockpile s"id topsoil away from
the site any large rocks or s'Jrpllls excavated material or any kind of
debris that may have been exposed ~:yt,he eXCAvation and remaini.n,r>: after
backfilling is completed, and will 1 eave the fi.nished surface in surlstal1-
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 hnal settlement
has taken place.
3. To install said sanitary sevIer pipe line 'et such a reasonable depth
below th,' surface of the earth as will permit normal cllltivation 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-vray is herehy granted.
5. In the event thclt it should rJecome necessary for the Grqntee to re-
enter the Grantor s premises for the pu.rpose of repairing, replacing, main-
taining or re;ovinp said sanitary sevTer pi neti-ne, the Gr.'l.ntee wi 11
reimburse the Grantor ~ for any actual dcl1nage done to th e Grantor ~ pre-
mises or crops.
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The Grantor s hereby covenO:.nt~ and agree~ Viith the Gre.ntee as follov!s:
1. That at no time will they build, construct, erect or maintcdn any
permanent structure over or above the said sanitary sewer pipe line un-
less such structure is built, constructed and maintained in such a manner
that it ;:'otlld not interfere with the operation, 118e, repair, maintenance,
replacement and removal of said sanitary sevier pipe line.
2. That the Grantee may peaceably hold and enjoy the rights and prlVl-
leges herein granted without ,q,ny interruption by the Grantor...,S or their
successors and assigns.
3. Th,:t f-~ ~. law~ully sei?,ed of sa'_d premi::es; th;c"t.,--!fr:e7 !!~-
good rlght-anIT" lawful a11thorlty to sell the SClrr,e and that ,ij"\L~ and
fL'k-c.".---. hei.rs, executors, administrators, successors and ass~^gns. shall
warrant and defend the title to said premises lmto f5aid Grantee, and its
successors and assigns forever, against the lawful claim and demand of all
persons whomsoever.
.,.
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 Grantor2 and upon the successors and nssigns of the Grantee.
IN WITNESS WHEREOF , the Grantor ~ h t:{. J- f' hereunto set 1f1f'I"/- hand2.
and seal.2. and the Grantee. The Cit;y of Bozema, has hereunto set its hand, by
its Mayor and its Clerk of the City Commission, each there'mto duly authorized,
and has caused its corporate seal to l,e affixed, allan thi s Z day of _liEf"
1964. T
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THE CITY ',' BOZEMAN
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'WV;f&u-t, Ill{-(,,~--aj-
R. HARRY)1 BROW. Mayor
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C. K. dilson,
Clerk of the Cit;y Commission
APPROVED:
BEN E. BERG. JE.
City Attorney
STATE OF MONTANA )
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COUNTY OF GALLATIN )
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On this _u,_____' day of ____......__., 19!54 before me, the undersigned a Notary
Public for the State of ..l12.nt'!12~___, personally appeared___________.___.,__
."_._,_ I2onald_A.:-~!!.d F~1Elic ~.P~~"!-llL.tLus b.stnd_an d J:!:H~,_?L~Q.~~nlan..,"____.._._
known to me to be the person s described in and \-Jho sivned the foregoing instru-
ment as Grantor _!? and acknowledged to me that _~_,_'__ had executed the same freely
and vo11mtarily, for the uses and purposes therein expressed.
, IN WITNESS fJHERF~OF, I have hereunto set my hand and affixed my Notarial
S~al,on the day and year in this Certifir:ate first above written.
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,Notar;T Pllhl-i c for the Stg.te of Montana
Hesiding at Bozen,an, Monta.."1a ._
My Commission ExPires...J~~T_df-Lyp' 7
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"'''S1'ATE OF MONTANA )
. 55
COUNTY OF GALLATIN )
On this -L1_,_ day of -Y a ~..._~' 1964, before me, the undersigned, a Notar;v
Public for the Stat,e of Montana, .. ersonally appe::tred H. Harry Morro\-r and C. K.
;:J'ilson, kno\'mto me to be the Mayor and Clerk of the City Commission respectively,
of the City of Bozeman, Montana, \'Those names are subscribed to the within instru-
ment and acknm-rledged to me that they executed the same for a'1d on behalf of
said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
on the day and year in this Certificate first above vrrHten.
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Notary Public for the Stat of Montana
Residing at Bozeman, Montana .
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State of Mont.. County of Gallatin, 88. Flied for record_.
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at / . 7_, ?/.'.... . .JM:... d r~corded In Book_.~.L----O .
.,-,t:1:k:1 "t~;tff~ecorder. By,_____._______
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1964
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Deputy
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