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HomeMy WebLinkAbout63- Farmers Canal Co. Easement .... , . . . , ~ , , . ; 800K il PAGE2:~8 PIPE LINE AGREEf'.IENT -- 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. ,. .., 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. \ . . . ,. , - ,.1 " " . '....,,_..,. . ,.~ '..,.. ,- ~ "., . .',. , j I " '.1 . ' , , ,- ; ..... . ~ , .. ,- , "I r;~GE 2~iJ . , F;OO~ c:' 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, _ /i> I PETER K. NEL ON, Pres1 ent ~~~~k~~L .7 j . 11. "'1.-}/t, Secretary ;1 . THE CITY OF BOZEMAN (". By: c_ ATTEST: '. '/ir.~" ... .,/' . . '. - .- ''.Av1-/ C. K. ON, ler 0 . e~ty Commission ~/~4 ':EN E.' BERG, J . ~ Attorney . . ... I . , -, " I 1. ' :' ~ ' ., ~ ;, r " '):' r.r ,_0" ,'~ J , 'i. I i" " , . , .i. . " '" ~ (. J (; .~ : ,,{;':< ) , ~,' , ,:,,<f:,-,, JJ ,j ~b:- I ~:;n :} ., ~ I ;",,'; .'.i~ t . ~ t'::.,; i. L.(;...Jill j ~ 'j"~ V I ) i ~, ..,.' ..~,_',.. w-,. ~ .._.... "'"... . . .. ".,,-".. ...' "- .~. .,.. . ),,\ ." - ~.'. '. ". .,,. ....-.," '." . . ~. ........... .'.",""."""!r ...... .,0 .. , ' . , . . , ... . , . . aOOK i.1 H'1Gf 2;30 STATE OF MONTANA ) : ss 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. . . \', .,' " . ",' if"" ~ . '. . " .+~ t,", I .' ....".... j (, ~' /~ STATE OF MONTANA ) : ss 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. T" ".;', " .10ntana " '. ~ '. . '." :> . .' . . ~ . . - , . ~ ' ':11~"'6 U";;',' ~....J .' INDEXED v" ST A TB OF MONT A:NA. } PLATTED COUNTY Of GALLA T!N. sa, Filed..........E.ebrilary:...2.1........... 19 64 Atu.u.2.:.33.__m__..__..__...___P..., ,..,M.. end R,"ccrc1'::;d in b,::.-cK____.__.,.Z.l,____........___....of .MIS.GELLANEO.US. m.'. Pc.ge ...g.?.e._ .........mm........EARL,. .WALTo.N.. ........ ......_ / COU:Hy C~J fiecorder. BY1~'':;'~ct!.tZ ~.~~_~e Fee $_"...~_~_....._........, Deputy. I 0.., . . ' ~\ , < ' ' , , ~.'\ "~,'ll\ .J .., ',-:r" ",:,,:..~~ '0 ~-".-""I'". ... . . :, .j, " , , . \. , , \ ... ,'; tJ... 1\1.'; ~,... .4.!. ,: _,.i ~ ,...l I.,. ../.: ....' J ttL...... '.....i , .~) 1.,;t..I 4.,'.' ; ..- . " '~:' " ~~'b.."Z- *"e~ ~---- ~\ ~~: .. .:~ ~ ~:::._~ \ ~ \. ' , , '-, '- .. '-l 1 ; . ," '..~'>.::.::i\:. ~J ..,.. 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