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HomeMy WebLinkAbout64- Hallesy Easement r _ . ,~ .. . , i , - ,) 1 IYIGf22:4 . - 80::v ,".,., .1. EASEMENT AND RIGHT-Of-WAY AGREEllENT FOR SANI~ARY S::rfER PIPE LINE TRIS AGRBElffimT.. Fa.do and entered into this 8' day of :J4~J l/<lrf , A.D. . 'i E, 196~. by and between Clifford ~allesv. Bozeman. Nonbma and Mavbelle Ha.lle~y. l!J.1shand an,p. jiife po.rt,L of the first part, hereinafter ca.lled the Grantor_, and THE CITY OF BOZElIAN, a municipal corporation of the StatL..QJJ,1ontana, in Gallatin County, the party of the second part, hereinafter called the Grantee. ~ I T N E SSE T H : 'IIEREAS, The Gran tor _ is the lebal record title onner_ of portions of the NEi SV~ Section 12, Tmvnship 2 South, Ran~e 5 East. . ~i. and VJHEREAS, the Grantee, in the exercise of its pm-ter and authority as a munioipality of the State of I~ontana.. proposes to construct and install sanitary se....er pipe lines for the collection and disposal of seyrage and domestic wastes from the general area of lIontana state College betneen Gleventh and 1\'renty-third Avenues, south of West College Street thence in a generally northerly direction through the vesterly environs of the City of Bozeman to a conneotion Hith the pre.. sent sanitary 'se';rer system in the vicinity of Forth "~i[;hth l\venue and Diroh Street, a portion of TIhich proposed sanitary seuer pipe line would run across the Grantor_ land; and lr1HEREAS, the Grantee desires to aoquire from the GrantorS, and the Grantor5 -- - c;r re.. -4e 'Hilling to grant to the Grantee an easement and right-of-na.y across the above +!7Pir described property of the Grantor~, and ~ heirs~ executors, administrators, successors and assigns, for the purpose of installing.. operating, using.. repairing, replacing, maintaining. and removing said sanitary sewer pipe line, and for such other rights of aocess and incidental rights as are hereinafter desoribed, all as hereinafter more particularly provided. NOn. THEREFORE, in consideration of the sum of ~:: 0CJ',O{J in hand pa id by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further cons ide rat ion of the covenants and agreeIr.ents betrreen the parties hereto, the Grantor_ has granted, barGained, sold, conveyed, and confirmed, and by these presents does hereby grant, bargain, sell.. convey, and confirm unto the said Grantee and its suocessors 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 aoross the above desoribed property of the Grantor 2.... said easement and r igbt-of-vray to cons ist of a strip of land "- (30) feet in ';ridth lying and beinc fifteen (15) feet on eaoh $ide of the fo. described center line: 1. , C 1 PAGE2~;) , . . p ;jCVlk . A 30 ft. wide easement, 15 ft. on either s ide of the folloyd,nc; described center line. Beginning at a point 528.0 ft.. East of the'.'Vest line of the &~ svfi- Section 12 and 329.5 ft.., more or less, North of the North line of West Curtiss Street; thence Easterly 132.0 ft.., more or less, 329.5 ft. North of and parallel to the North line of West Curtiss Street to a point 660.0 ft. Bast of the Hest line of the E-~ S"~ Section 12 and 329.5 ft. North of the North line of \'-Test Curtiss street. 2. The perpetual risht of ingress and egress to and from said tract of land at all reasonable times for the purpose of installinG, operating, usinG, repairing. replacinG and IT'.aintaining said sanitary sewer pipe line and appurtenances thereto and for the removing of same if and when desir~ the Grantee, its suceessors and as s iens ; TO IIAV: AIm TO HOLD the above described rit;ht-of-\'ray 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 Grantor~ as follows: 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 e~: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 vrere begun, or as near thereto as shall be reasonably possible. 2. That, durin~ operations involving 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, whichever is less. and stockpile said topsoil avray from the site any large roeks or surplus excave,ted nateria.l or any kind of debris that ~~y have been exposed by the excavation and remaining after backfillin~ is completed. and ~~ll leave the finished surfaoe in substan- tially the same condition that existed prior to the beginning of opera- tions exeept 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 surfaoe of the earth as will permit normal cultivation of the Grpund. 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 YJhich this right-of-vray is hereby granted. 5. That upon completion of construction and installation of said sanitary Qower pipG line the Grantee will pay to the Grantor~, in addition to the above specified money consideration of this easement. the sun of Six Dollal's (;::,6.00) per lineal rod measured on the centerline of the right-of..nay 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~ for any such damage caused to the Grantor S lands and current crops, as an incident to the initial construction 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-f premises for the purpose of repairing. rep1acinc. maintaining or removinc said sanitary sewer pipe line. the Grantee will reimburse the Grantors for any actual damaGe done to the GrantorJ pre... mises or crops. - - . . ',n" ",.' l' ,.pj~);:l ... . .. l:JillY. r....." i"-'AGb_,....,..U ~ . The Grantor.s hereby covenant and agree 1'1i th the Grantee as follovfs: - -- 1. That at no time "Jill +/'~=L_ build, construct, erect or maintain any permanent structure over ~ove the Baid sanitary sewer pipe line un~ less such structure is built, constructed and Tluintained in such a manner that it would not interfere with the operation, use, repair, 1ffiintenance, replacement and removal of said sanita~y sewer pipe line. 2. That the Gre.ntee may peaceably hold and enjoy the rights and privi- leges herein granted uithout any interruption by the Grantor 5 or I-hf>/'r successors and assigns.. -- 3. Thatfhey Cfre lavrfully seized of said premises; that fl; e'f 17Qi--e, good riGht and lawful author~'Gy to sell_the sa.me s.nd thatfl'e"r. and tile//"" heirs, executors, administrators~ successors und assigns, sha. 1 vmrrant and defend the title to said premises unto said Crantee, and its successors and ass igns forever. abainst the lawful claim and demnd of all persons vlhomsoever. 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 Grantor_ and upon the successors and assi[;ns of the Grantee. IN VlITNESS "HEREOF, the Grantor.l.. aa vC" hereunto set H("lr hand.l.. and seaL5 nnd the Grantee~ 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 Jd/??'4/'f . W~ ' 1/--' ! -\ ' r c.~".~. ~1:l'li ,( (Coil! , , ,'jflj-Y7 Byf4ri.j~t{ c-~ l*ttiD*Ilii.. . BIl, Hayor ATTEST: R. HARRY M~ROW ~ ~~'UY~/ C. . K. . SON, . Clerk of the Oi ty Commission APPROVED: '. " ~,,;~, ,j' '-r~~ ;: ~~ 'ER(r'~R.. Y'--,j )-'?r;~;2 . - " City Attorney STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) 3. ; , '.01L - . ' , . , , . . ')1 'JAG-- ,) ; -1 . . . t.;O~.i~: "_ J f , tL,...__ - ~~~. .- ':f On this day .f J7,IJlN/' ,/ , 196a before me, the undersigned a Notary Public for the Stat e , pel's onally appeared e-I/ f-r?'/'d PI c.7/7d tJ.-' lie e( .s m01l'IIl to me to e the per on descr:L ed J.n and who 131gned e ore::;oinc instru- ment as G-rantor...L and acknovriedged to 11\e that ~ had executed the lSame freely and voluntarily, for the uses and purposes therei expressed. IN trITH~SS l.IInREOF, I ha.ve hereunto set my hand and affi;:ed rtr:I Notarial Seal on the day and year in this Certificate first above ~"itten. p",./l ' '--d--t~/ Notary lub io for the st of l:Iontana ( I.". Residing at Bozeman, Montana " -..,.." My Commission :8xpires .fq"lvO't ?-?, /7 b'7 , / STATE OF FONTANA ) : S5 COUNTY OF GALLAT IN) L( On this f{ day OrJ;,Htoh/r-f , 196~, before me, the undersiGned, a Notary Public for the state of Fontana,' personally appeared ~j'. ,2i;"'~.i..h~r and gj/orrf flt1.I'd~ C.. IC. '.ilson, Imorm. to me to be the j'ayor and Clerk of the City Commission respect... lvcly, of the City of Bozeman, whose names are subscribed to the nithin instrument and aclcnowledged to me that they executed the same for and on behalf of said City. IN "-ITlmSS lE~REOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above 'vritten. ~~-<~~~4 rN tary PUbl:LC or e S a 0 i'ontana. Residing at Bozeman, Fontana. 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