HomeMy WebLinkAbout63- Farmers Canal Co. Easement
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PIPE LINE AGREEf'.IENT
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This agreement I made and entered into this ..1.3..- day of (l..-Ir; ;; -f'r-
1963 by and between the FARMERS CANAL COMPANY, BOZEMAN, HONTAtJA, a Montana
Corporation, hereinafter referred to as the Canal Company, and the CITY or
BOZEMAN. I a Municipal Corporation of the State of Montana, hereinafter called
the City.
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WITNESSETH
That whereas the City desires the right to install, maintain and
operate certain pipes upon and under the Canal Company's premises at or near
Bozeman, Montanal to be used as a sanitary sewer pipe line,
NOW, Ti-IEREFORE, the parties mutually agree as follQ\lls:
1. The Canal Company, for and in consideration of the payments and
covenants hereinafter mentioned to be made, kept and performed by the City,
does hereby grant and extend to said City an easement to constructl install,
and thereafter to maintain and operate under and across the Canal Company's
property in the manner and subject to the terms and conditions herein pro-
videdl certain pipes to be used for the purpose of sanitary sewer lines, at
locations to be specifically set forth in the Plans and Specifications of
Special Improvement District Number 432 of the City of Bozemanl Montana, but
generally at the intersections of West College Street and South 19th Avenue;
West dabcock St reet and South 19th Avenue; and, dest Durston Road and :~orth
19th Avenue.
2. The City shall, in connection with the installing, operating,
using, repairing, replacing, maintaining and removing of said sanitary sewer
pipe line, at its sole expense, return the Canal Company's ditch to a condition
equal to the condition thereof existing before said operations were begunl or
as near thereto as shall be reasonably possible.
3. Initial installation of said sanitary sewer pipe line will be made
by the City in such a manner as to resist any subsequent damage to the Canal
Company's ditch. Concrete Cut-off-Walls will be installed as indicated on the
attached sketch, which is hereby made a part of this agreement, wherever neces-
sary at the locations where the said sanitary sewer pipe line crosses under
the Canal Company's ditch.
4. The City, in connection with the installing, operating, using,
repairing, replacing, maintaining and removing of said sanitary sewer pipe line
shall accomplish the work at a time when it will not interfere with normal
seasonal irrigation water supply flowing through the Canal Company's ditch.
5. That upon the acceptance and execution of this agreement by the
Canal Company and the City, the City shall pay to the Canal Company, in con-
sideration for said acceptance and execution of this agreement the sum of
$50.00. That in addition to the aforementioned considerationl the City will
reimburse the Canal Company for any actual damage, if any. done to the Canal
Company's property.
6. In the event that it should become necessary for the City to re-
enter the Canal Company's premises for the purpose of repairing, replacing,
maintaining or removing said sanitary sewer pipe line, the City will reimburse
the Canal Company for any actual damage done to the Canal Company's property.
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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 Canal Company and upon the successors and assigns
of the City.
IN WITNESS WHEREOF, the Canal Company hereunto sets its hand and seal
and The City of Bozeman, has hereunto set its hand, by its Mayor and its
Clerk of the City Commission, each thereunto duly authorized, and has caused
its corporate seal to be affixed, all on this _ day of
1963.
FARMERS CANAL COMPANY
By: Jf L{ / /1u~t,
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PETER K. NEL ON, Pres1 ent
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.7 j . 11. "'1.-}/t, Secretary ;1 .
THE CITY OF BOZEMAN
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By:
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ATTEST:
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C. K. ON, ler 0 . e~ty Commission
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':EN E.' BERG, J . ~ Attorney
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STATE OF MONTANA )
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COUNTY OF GALLATI~
On this ~ day of /~ , 1963, before me, the undersigned, a
Notary Public or the Sta 0 ontana, personally appeared Peter K. Nelson
and Joyce O. Sandquist, \\In to me to be the President and Secretary of the
Farmers Canal Company r pectively, of Bozeman, Montana, whose names are sub-
scribed to the within instrument and acknowledged to me tl/"they executed
the same for and on behalf of said Farmers Canal Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my :'-Jotarial
Seal on the day and year in this Certificate first above written.
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STATE OF MONTANA )
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COUNTY OF GALLATIN)
011 this ~ day of ,j.'f.1 Irf'r , 1963, before me, the unuersigned, a
Notary Public or the State 0 Montana, personally appeared Fred M. Staudaher
and C. K. Wilson, known to me to be the Mayor and Clerk of the City Commission
respectively, of the City of Bozeman, whose names are subscribed to the within
instrument and acknowledged to me that they executed the same for and on
behalf of said City.
INvHTNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal on the day and year in this Certificate first above written.
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ST A TB OF MONT A:NA. } PLATTED
COUNTY Of GALLA T!N. sa,
Filed..........E.ebrilary:...2.1........... 19 64
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/ COU:Hy C~J fiecorder.
BY1~'':;'~ct!.tZ ~.~~_~e
Fee $_"...~_~_....._........, Deputy.
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