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HomeMy WebLinkAbout63- Conser Easement ;:;0(1/\ (.::: J ~)AGf:Gt)U . ., -. .,..-- , . EASEI!lENT AND RIGHT-Of-l"1:A.Y AGREEHENT FOR SANI'J.'ARY S~rrER PIPE LINE j 2" THIS AGR3El',:ENT, Fude and entered into this it:..; day of Ocli7tt"I'-' A.D. 1965, by und betrmen ELDON C. AIm KATHRYN CONSER, Husband and wife of Bozeman, Montana purt___ of the first Putt, hereinafter culled the Grantor~, and THE CITY OF BOZElIAN, a municipal corporation of the State of Nontana, in Gallatin County, the party of the second part, hereinafter called the Grantee. nIT N E SSE T II : 'HEREAS, The Grantor $_ are the lebal record title mIner of the NEli S1~Ti Section 12, Township 2 South, Ranr;e 5 East. of portions J and YiHEREAS, the Grantee, in the exercise of its pOFer and authority as a municipality of the State of :i'ontana, proposes tcr construct and install sanitary se.-,er pipe lines .for the collection and disposal of serrage and domestic ,'rastes from the general area of lIontana State College bet1feen Eleventh and Tvrenty-third _1i.VenUes, south of West ColleGe Street thence in a generally northerly direction through the vresterly environs of the City of Bozeman to a connection nith the pre.. sent sanitaryse".-rer system in the vicinity of I,Torth':iL-,hth Avenue and I.:irch Street, a portion of 11hich proposed sanitary sener pipe line would run across the Grantor s land] and ViHEREAS, the Grantee desires to acquire from the Grantors , and the Grantor s - - arenilling to grant to the Grantee an easement and right-of..nay across the above described property of the Grantor~, and their heirs a executors, administrators, successors and assigns, for the purpose of installing, operatin~, using, repairing, replacing, maintaininG. and removing said sanitary sewer pipe line, and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more pa.rticularly provided.. Non, THEREFORE, in considera.tion of the sum of ~:-!..(::;ld10 in hand paid by the City of Bozeman, the receipt ,vhereof is hereby acknowledged, and in further consideration of the covenants and agree~ents be~;een the parties hereto, the Grantor have granted, barGained, sold, conveyed, and confirmed, and by these presents do hereby e;rant, barGain, sell, convey, and confirm unto the said Grantee a~ts successors and assigns the following rights and privileges for.. ever: 1. A perpetual easement and richt..of..v~y for the purpose of installing, oper.. ating, using, repairing, replacing, maintaininC and removing a sanitary sewer pipe line and appurtenances thereto upon and across the above desoribed property of the Grantor _, said easement and r ight-of-nay to cons ist of a strip of land thirty (30) feet in width lying and beinG fifteen (15) feet on eaoh side of the followiri~ described center line: 1. " "........ I f ,- . , ROOk (~t H~GtCbl ' A 30 ft. wide easement, 15 ft. on either s ide of the follovdnc. described center line. Beginning at a point 792.0 ft. East of the '-fest line of the E}~. SW~; Section 12 and 329.5 ft... more or less.. North of the North line of ',;est Curtiss street; thence Easterly 130.0 ft., more or less, 329.5 ft. North of and parallel to the North line of West Curtiss street to a point 922.0 ft. East of' the Viest line of the :&12' s~ Section 12 and 329.5 ft. North of the North line of,J"est 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, usinu, repairing, replacinG and r>.aintaining; said sanitary seVIer pipe line and appurtenances thereto and for the removing of same if and when desired by the Grantee, its successors and assiGns; TO IiA~ AND TO HOLD "the above described rlSht-of-v/ay with all the appurtenances and privileges unto the said Grantee and to its suocessors and assigns forever. The Grantee hereby covenants and agrees with the GrantorL as follov/s: 1. That, in oonnection 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:1stinG fences , ditches and other appurtenances of said land that ~y be disturbed by its operation in a condition equal to the condition thereof existinG before said operations were begun, or as near thereto as shall be reasonably possible. 24 That, durinG operations involvin~ excavation, it vdll remove the top- soil from the trench area to a depth of one foot. or to the full depth of the topsoil, YThichever is less, and stockpile said topsoil away from. the site any large rocks or surplu~ excave,ted nateria.l or any kind of debris that r:>E.Y have been exposed by the excavation and remaining after backfilling is completed, and ~dll leave the finished surfaoe in substan- tially the same condition that existed prior to the beginning of opera- tions exoept 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 seTIer pipe line at such a roasonable depth below the surface of the earth as viII permit normal cultivation of the crpund. 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 ...../hich this right-of-way is hereby granted. 5. That upon completion of construction and installation of said sanitnry sovmr pipG line the Grantee will pay to the Crantol'!-, in addition to the above specified money consideration of this easerrent, the SUill of Six Dollars ((:,6.00) per lineal rod measured on the centerline of the right-ot-way for 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 payment to the Grantor s for any such damage caused to the Granter s 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, replacinc, maintaining or removinG said sanitary seVffir pipe line, the Grantee vdll reimburse the Grantor s for any actual damaGe done to the Grantor s pre- mises or crops. - - Hm]k ~:1 ~]A[JE ~tj2 , . . l 1.'- The GrantorS' hereby covenant and €1.j!:"ee 'l'rith tIle Gra.ntee as follovfs. _ _ J___ 1. That at no time will f-IH''i build, c0ns't:cuct. erect or main)Ge.in any permanent structure 07e1..~ ~()V'3 tne '.;o.:,.d sanitary sew'ar pipe line un... leAs such strLlc":url" is bu::.l'~. oO:nst::l1cted. c.nc1 Y1D.int2,iI~ec, in such a manner that it vrCU).cl not intcrfc!'8 Vfith th"l opere/c ion, w,e, repair. r,mintenance, repla;,:ement /;),nd remc7c:..l of sC.ld 3:.;.~1 J::;a:'y s~wer pipe li:.:le. 2. That the CrD.ntee may peaceably hold and. enjoy the riGhts and privi- leges herein granted '\Jit;hou~; arw interruption by the Grantor,) or -fl;c,~- successors and assisns. 3. That 1/)' 'f.-..r. {(J',,( . l~,.'Tfu:~y ~";:.zc~ of said premises; that+~('i /;'u.t good risht and 1a1;;:.x,1 a',;'c"lo'::;GY 'G~_\ s(_~.i.l tJ,e same and that 'Hl~4- and -Ii}.,. u' heirs. executors, adn.::.r.isJc::c.tws, S\.1':\C8:::S01"S C'.nd c.ss i[;;ns! shall vTarrant and defend the title to said prendses unto said Grantee. and its successors and ass i[,ns forever, aJ;;3.inst the lawful claim and demand of all persons .,homs oever. It is understood and abreed by and between the parties hereto th~t this AGreement shall be binding upon the heirs. executors, administrators, successors and assiGns of the Grantor and upon the successors and assir;ns of the Grantee. - .. IN WITNESS' 'HERBOF. the Grantor.:;: /;"i/,.P hereunto set ../-IJC'/'r hand,:; and --~ - se::\l 'j End the Grantee, The City of Bozeman, has hereunto set its hand, by its l~yor-and its Clerk of the City COlmnission, each thereunto duly authorized, ~nd has caused its corporate seal to be affixed, all on this I (I day of ,S:'C{) IF/~'lr---ry- 1963. . / ~ ~ ~ / . /,/ . , .'-I::t/!Jn/ {!, (?4YZ<U>C- x ~/ 7i/ d{1 C;:'" .,- .' ~ -7,/' ,.,.r ~ a - --7'-" - _d-7,4y,{~ THE CITY OF r 0 J':':,;AN ~ t" By ..... _;}./. .' ./ 'A q#~ --. 1\ s1~~.~r ATTEST: e,{)/u)~/ C. K. ' 'ILSON Clerk of the City Commission APPROVED: 4~t~JY STATE OF MONTANA ) : as COUNTY OF GALLATIN ) -' 3. ..,... ,I' ~ . ,,., .. , . 1 ~J " ;""1 ~:~!JU~Jlt). ' . On this I(l for the State of T 1mown to me to e t e person deserl. e J.n and w ment as ('-rantor.....:2. and aelmow'ledged to rne that iii C";;L and voluntarily. for the uses and purposes there~n day .r 3;' p fr=,h'(6-lIt'-1963 before me. the undersigned a Nota.ry Public rill/If-dad. ~ personally appeared G" t.Dd IV t-, 4/;7,1 o signed the oreGoinc instru- had executed the same freely expressed. IN trITNSSS ~!1EREOF, I have hereunto set my hand and affixed nw Notarial Seal on the day and year in this Certificate first above 't'lritten. --, x---/ ( '/ -/-- -~ -~ dl~~ -~ -~ otary Pub ic for the tate of l.1ontana Residing at Bozeman" Montana _ _'{<<- My Commission Bxpires .;:]4:/7 <,'4/' y ;Zo / f/~ / ./ STA1'E OF IlONTANA ) . ss COUNTY OF GALLAT IN) On this )3 day of Af;-I-rr, 1963. before me. the undersiGned. a Notary Public for the state of Fontana. personally appeared Fred :~. Staudaher and C. Ie. "ilson" Im01:m to me to be the ;-ayor and Clerk of the City Commission respect... 1~cly, of the City of Bozeman, whose names are subscribed to the uithin instrument and aclO1owledged to me that they executed the same for and on behalf of said City. IN ''"ITlmSS I-F'REOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above vvritten. r ..~,,,^"--"~ ?,r/</#j/ / ; ~ '. . .,. . .. ... - 61504 . //. \ STATE OF MONTANA. } COUHTY OF GALT ,AnN. SS. FjL:d--..__..._"_"F,e.brllary___~l_,-,., 19 64 A1______2.:,_41___ . _u_______....~_!)!L, ,',~d R.>_:c.t:.L:.. L, :. ..__21 of .MISGELLANEQVS __ ,.?.gQ.._ u/~~;~;1i ,;~,;~~ B'tl~~:::::~_::~..--~.0?'~yf-.;"~:f~: . fee $_...~.~_m_.__.._...m. . Deputy, 4.