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HomeMy WebLinkAbout63- Eldridge Easement and Right-of-Way Agreement for Sanitary Sewer Pipeline - .. / .- .,' EASEUENT AND RIGHT-OI'-1[Il:A.Y AGREElIENT FOR SANITARY SZrJER PIPE LINE THIS AGR'!:El',!ENT, ra.dc and entered into this ,-;< // day of ;!:;rp'df-I"r- , A.D, 1963, by a.nd betlfeen Maurice L. EldridR:e and Clara Elc1ridr::e~ husband and vdf'e of' Bozemanl l~ontana pa.rt~of the first part, hereinafter called the Grantor~. and THE CITY OF BOZEHAN, a municipal corporation of the State of llIontanal in Gallatin County, ,th9uparty of the second part, hereinafter called the Grantee. ~ I T N E SSE T H : "HEREAS, The Grantor ~ are the lebal record title OImerJ of portions of the NEt SW t Section 12. Township 2 South, RanR:e S East -A and VrnrnREAS, the Grantee, in the exercise of its pOTrer and authority as a municipality of the state of i~ontana, proposes to" construct and install sanitary se'7er pipe lines for the collection and disposal of senage and domestic Tmstes from the general area of llontana State College betneen 8leventh and Twenty-third Avenues, south of West ColleGe Street thenee in a generally northerly direction through the vesterly environs of the City of Bozeman to a connection vrith the pre.. sent sanitaryse,.crer system in the vicinity of Porth ';i<.;hth Avenue and Birch Street, a portion of 17hioh proposed sanitary seVIer pipe line would run aoross the Grantor land; and VffiEREAS~ the Grantee desires to aoquire from the Grantors, and the Grantors - -- are \'lillinS to grant to the Grantee an easement and right-of..1"!ay aoross the above described property of the GrantorL~ and their heirs, executors, administrators, suooessors and assigns, for the purpose of installing, operating, using, repairing, replaoingl maintainin~, and removing said sanitary sewer pipe line, and for suoh other rights of aooess and incidental rights as are hereinafter described, all as hereinafter more partioularly provided. NOlT, THEREFORE, in consideration of the sum of (50.00 in hand paid by the City of Bozeman, the reoeipt whereof is hereby acknowledged, and in further cons ide rat ion of the oovenants and agreeroonts betrreen the parties hereto, the Grantors have granted, barGained, sold, conveyed~ and confirmed, and by these presentS- do hereby grant, bargain, sell, convey. and oonfirm unto the said Grantee a~ts suooessors and assigns the following rights and privileges for.. ever: 1. A perpetual eas ement and r icht...of...vray for the purpose of installing, oper... ating~ using, repairing, replacing, maintaininc and removing a sanitary sewer pipe line and appurtenanoes thereto upon and across the above desoribed property of the Grantor-1!' said easement and right-of-way to consist of a strip of land thirty (30) feet in '.'ridth lying and beinG fifteen (15) feet on eaoh side of the followirig described oenter line: 1. .- A 30 ft. wide easel1l3nt, 15 ft. on either side of the followin2; described center line. B.eginning at a point 660.0 ft. East of the ','Jest line of the Ej} SW~. Section 12 and 329.5 ft., more or less, North of the North line of 1?[est Curtiss S'breet; thence Easterly 132.0 ft., more or less, 329.5 ft. North of and par~llel ~o the North line oflctest Curtiss Street to' a point 792.0 ft.'~ast of the v-[est l:me of the ~ 87f-t Section 12 and 329.5 ft. North of the North line of!iest Curtiss Street. 2. The perpetual ri~ht of ingress and egress to and from said tract of land at all reasonable times for the purpose of installinG, operatinG, usin;, repairing, replacinc and ~AintaininG said sanitary seuer pipe line and appurtenances thereto and for the removing of same if and when desired by the Grantee, its successor:s and assiGns; TO HAm:; AlifD TO HOLD the above described riGht-of-way with all the a.ppurtenances and privileges unto the said Grnntee and to its suocessors and assigns forever. The Grantee hereby covenants and agrees with the Grantor as fallons: 1. That, in connection with the installinG, ~perating, using, repairing, re- placing, maintaining and removing of said sanitary sewer pipe line it will replace, at its sole expense, all eJ~istinb fences, ditches and other appurtenances of said land that ~y be disturbed by its operation in a oondition equal to the condition thereof existinG before said operations were begun, or as near thereto as shall be reasonably possible. 2. That, during operations involving excavation, it vrlll remove the top- soil from the trench area to a depth of one foot, or to the full depth of the topsoil, whichever is less, and stockpile said topsoil away from the site any large rocks or surplus excav,?,ted naterial or any kind of debris that ~AY have been exposed by tIre excavation and remaining after backfillinc is completed, and ~dll leave the finished surfaoe 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 viII permit normal cultivation of the c;rpund. 4. To operate, use and maintain said sanitary seVIer pipeline in such manner as will not hinder or prevent the proper cultivation of the tract through nhich this right-of-way is hereby granted. 5. That upon completion of oonstruction and installation of said sanitary sowar pipO line the Grantee will pay to the Grantor , in addition to the above specified money consideration of this easement'; the sum of Six Dollars ((;,6.00) per lineal rod measured on the centerline of the right-of-17ay tor damages to the premises and crops by virtue of the Grantee's entry thereon. The payments herein specified for damage to premises and crops shall be and constitute full puyment to the Grantor for any such damage caus ed to the Grantor lands and current crops, as an incident to the initial construotion and installation of the sanitary sewer 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, repl~cinc, maintaining or remOVinG said sanitary sewer pipe line, the Grantee will reimburse the Grantor for any actual damaGe done to the Grantor pre- - - mises or crops. '" , i. ~"- The Grantors hereby covenant and agree ni th the Grantee as follovfs. - - _....... 1. That at no time "Jill the~uild, construct. erect or maintain any permanent structure over ~ove the ~3aid sanitary sewer pipe line un- less such structure is built. constructed and :clcintained in such a manner that it would not interfere vlith the operation, use, repair. maintenance, replacement and removal of said sanita~y sewer pipe line. 2. That the Cr2.ntee may peaceably hold and enjoy the rights and privi- leges herein granted vithout arrJ interruption by the Gre.ntor s or their successors and assiGns. 3. That the" are la1!Jfully seized of said premises; that they have good ri:;ht and law-fur autho::ity to sell the sa.me and that thev and their heirs, executors, administrators~ su~cessors ~nd assigns, shall narrant and defend the title to said premises unto said Grantee, and its successors and assisns forever, against the lawful claim and demand of all persons whomsoever. It is understood and agreed by and between the parties hereto th~t this AGreement shall be binding upon the heirs, executors~ administrators, successors and assiGns of the G-rantor..!L and upon the successors and assicns of the Grantee. rn "FTITNESS '1IEREOF, the Grantor s have hereunto set seals eend the C'-rantee, The City o{lio-zeman~ has hereunto Mayor:and its Clerk of the City COlmnission~ each thereunto has caused its corporate seal to be affixed~ all on this 1963. thei r hand sand set its hand; by its duly authorized, and 12 day of Novernber , ~~ 'Y~~ .. ~~~..L..r~~,-r p ~ I , ' 2 -tJ ,;::/, , ~ / 7 J ,/ /__1 c~,<~,d-- (--;:;/~;:-'L/i~-c,L4 f? J THE CITY OF EOZEEAN By a4"~ ~,r a.~t'<L FRED F. S AUDAH~ , Hayor ATTEST: ~4~~ C. K.'~ sor, Clerk of the City Commission APPROVED: ((~~~=-"~-;f L {""-~ - ffi ~ !l~E. _ JR. ~(/ City Attorney - STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) 3~ .... .... - .. ., .... - , .. On this 12 for the Stat e of day .f lTovember, 1963 before me, the undenigned a Notary Public ?c1ontana , pel's onally appeared Maurice L. Eldridre afJd r, 1 a~a ,~ drjde kn~m to me to be the person descri e in and who signe the ore~oinc instru- ment as ('-rantar sand a.knowledged to lne that they had executed the same freely and vGluntarily:-ror the uses and purposes therein exprossed. IN rrITliL'!:SS r!IEREOF, I have hereunto set rrr:J hand and affixed rrw Notarial Seal on the day and year in this Certifioate first above ,vritten. ~ " -,...~, ;~~. ,,' 2ti. 1963 STATE OF EONTANA ) . ss COUNTY OF GALLAT IN) On this 13 day of~,,,"f,-f'r' , 1963.. before me, the undersigned, a Notary publie for the state of Fontana, personally appeared Fred: . Staudaher and C. K. "ilson, kn01'ID to me to be the l-ayor and Clerk of the City Commission respect... 1'11Cly.. of the City of Bozeman, whose names are subscribed to the t"lithin instrument and aclcnowledged to me that they executed the same for and on behalf of said City. _~WJ'_"" Dr '''ITIE:;SS IF~REOF, I have hereunto set my hand and affb~ed m.y Notarial Seal on the day and year in this Certificate first above .vritten. ,. 4.