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HomeMy WebLinkAbout63- Harston Easement l'"iPJ.\'.~ t"i,j)r. (~J WIGE cb4 'i .. , . EASEl.1ENT AND RIGHT-Of-ViAY AGREEMENT FOR SANITARY SZrfER PIPE LINE THIS AGR'J:El:ENT, Fude and entered into this :l.... S day of tJr~!r-pr . A.D. 1963, by and betrreen Clive~. and Elaine T. Harston. Bozeman, Montana. po..rt~ of the first purt, hGreinafter culled the Grantor~t and THE CITY OF BOZEI~, a municipal corporation o~ the state of Montana. in Gallatin County, the party of the second part, hereinafter called the Grantee. PIT N E SSE T H : 'lIEF-EAS, The Grantors_ are the lebal record title OlmerlL of portions of the N~ Si'li} Section 12, To';;nship 2 South.; Hanf!;e 5 East. ---1 and T"JHEREAS, the Grantee, in the exercise of its pouer and authority as a. municipality of the state of I~ontana, proposes to' construct and install sanitary se'....er pipe lines for the collection and'f;disposal of seuage and domestic '"-'aetes from the general area of Hontana state College betneen Gleventh and Tnenty-third hvenues, south of Wes't ColleGe Street thence in a e;enerally northerly direction through the vesterly environs of the City of Dozeman to a connection nith the pre- sent sanitarysener system in the vicinity of Forth ~ic.;hth Avenue and Dirch street, a portion of \7hich proposed sanitary se~er pipe line would run across the Grantor~ land; and VffiEREAS, the Grantee desires to acquire from the Grantor~, and the Grantor~ are 17illinG to grant to the Gran tee an easement and right-of-nay across the above described property of the Grantor..E..' and their 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 suoh other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided.. NOH, THEREFORE, in cons ide rat ion of the sum of {s-cJ, cd in hand paid by the City of Bozeman, the receipt tvhereof is hereby acknowledged, and in further considerat ion of the covenants and agreeIr.ents betrreen the parties hereto, the Grantor...a. have granted, barGained, sold. conveyed, and confirmed, and by these presents ~ hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges for- ever: 1. A perpetual easement and r~ht-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 described property of the Grantor _, said easement and right-of-way to cons ist of a strip of land thirty (30) feet in nidth lying and beinG fifteen (15) feet on eaoh side of the followiri~ desoribed center line: 1. .. 1-' -I ~n(1J; .t.!,,': (:::1 i-;i11jfCl)~j - A 30 ft. wide easement, 15 f'b. on either side of the fo11 ovdn[: described center line. Beginninr; at a point 922.0 ft. East of the ':fest line of the ~ swt Section 12 and 329.5 ft., more or less, North of the North line of '."'est Curtiss street; thence Easterly 235.2 ft., more or less, 329.5 ft. Nor-ch of and parallel -to the North line of '(iest Curtiss Street to a poin-t 1,157.2 ft. East of the ';{est line of the J:i}-~ SV"ft Section l2 and 329.5 ft. North of the North line of 1.'1est Curtiss street. 2. The perpetual riGht of inGresB and egress to end from said tract of land at all reasonable times for the purpose of installinG, operatinG, usinG, repairing, replacinG and r:.aintaining said sanitary sewer pipe line and appurtenances thereto and for the removing of same if and when desired by the Grantee, its successors and ass iGns; TO I:AV:~ AND TO HOLD the above described riGht-of-way with all the !l.ppurtenances and privileges unto the said Gr~ntee and to its suocessors and assigns forever. The Grantee hereby covenants and agrees with the Grantor~ as follows: 1. That, in oonnection with the installinG, 9perating, u~ing, repairing, re- placing, maintaining and removing of said sanitary sewer pipe line it will replace, at its sole expense, all e;:istinG fences.; ditches and other appurtenances of said land that may be disturbed by its operation in a condition equal to the condition thereof existinG before said operations ,Tere begun, or as near thereto as shall be reasonably possible. 2..' - That., during operations involving excavation, it vii 11 remove the top- soil from tl1e trench area to a depth of one foot, or to the full depth of the topsoil.. yrhichever is less, and stockpile said topsoil away from the site any large rocks or surplus excav8_ted naterial or any kind of debris that VAY have been exposed by the excavation and remaining after backfilling is cOI:l.pleted, and ':.rill leave the finished Burfaoe in substan- tially the same condition that existed prior to the bcginninb 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 plaoe. 3. To install said sanitary sev~r pipe line at such a reasonable dcpth below the surfaoe of the earth as will permit normal cultivation of the r;rpund. 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 nhich this right-of-way is hereby granted. ,5. That upon completion of oon~truction and installation of said san1tnry 80wer pipo line the Grantee will pay to the Grantors .. in addition to the above specified money consideration of this easement, the SUi-:1 of Six Dollars (:::,6.00) per lineal rod measured on the centerline of the right-of...yray 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 Grantor lands and current crops, as-an~cident 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 premises for the purpose of repairing, replacinc, maintaining or removinc said sanitary sevrer pipe line, the Grantee ~ill reimburse the Grantor__ for any Qctual damace done to the Grantor__ pre- mises or crops. .. ., i1 '~,) ,_J t'l:Gf,C.D() __ I 1 The GrantorL hereby covenant _ and agrec_ with the Grantee as follovfs: 1. That at no time \'till f!1~f b build, construct, erect or maintain any permanent structure over or a ove the said sanitary sewer pipe line un- less such structure is builtl constructed and rXLintained in such a manner tha.t it Vlould not interfere ,,"rith the operationl use, repair, r,laintenance, replacement and removal of said sanitary sewer pipe line. 2. That the Cre.ntee may peaceably hold and enjoy the rights and privi... leges herein granted without any interruption by the GrantorL or jY;Nr succe~sors and assigns. 3. That -IfnY t1f'~ lawfully seized of said premises; that _1:11_,,-J ;; q N: good riGl~lawfu authority to sell the same and that f/H ;-and f/7 c/r heirs, executors, administrators, successors and assigns, shaYI warrant and defend the title to said premises unto said Grantee, and its successors and assigns forever, against the la,vful claim and demand of all persons 'whomsoever. It is understood and agreed by and betvreen the parties hereto th~t this Agreement shall be binding upon the heirs, executors, administrators, successors and assiGns of the Grantor...1. and upon the successors and assiE;ns of the Grantee. IN WITNESS - 'HEREOF, the Grantor..L. /;:1 rE hereunto set -/-Jlc I t;: hand .L and seal and the Grantee, The City of~ozeman, has hereunto set lts hand, by its Mayorland its Clerk of the City Commission, each thereunto duly authorized, and has caused its corporate seal to be affixed, all on this 1.:; day of rh' fe/l,,/::, 1963. ~' L~~ ~ /" .:.., ..' ~ } / )< . ...~.. ,,,,1/ > ~~... ~~p:~---_: y t'zdVrJ/ :t;t{~~ THE CITY OF BOZEMAN By Ca?~~. .M~L- FRED lI. S AUD.A1mlt~ Hayor ATTEST: ~, c. ~tia!<~ Clerk of the City Commission APPROVED: ~/~4 City Attorney STATE OF MONTANA ) I as COUNTY OF GALLATm ) a. .#.~ . ~ , . .. . ... R(li}!< ~~ 1 fi{IGf:~ll7 ~ ..... On this J-? day.r ry""IJ/;-t'r-' 1963 before me.; the undersigned a Notary Publio fer the State of H,I/JHrIj'C{. , personally appeared r:" It V-6' K d"7d C:/d/:.xz-: ~1I'm .1:/~: r~1,e the person described in- and ".rho S igned ~e fore:oinc instru- ment as Grantor_ and aeknovTledged to me thatMf'f had executed the same freely and v~luntarily, for the uses and purposes therein exprossed. IN vrITH~SS 11EREOF, I have hereunto set my hand and affixed l!\V Notarial Seal on the day and year in this Certifioate first above written. 1t~7?;:~ -ffth~~~-1~~~a Residing at Bozeman, Montana My Commission 3xpires.&///./d.... </ ;',t; /c//// ,/,/ I STATE OF I lONTANA ) . 5S COUNTY OF GALLAT IN) On this J-3 day ofef{ fc,i~~__ , 1963, before me.. the undersigned, a Notary Public for the State of r7ontana, personally appeared Fred: . Staudaher and C. K. "ilson, ImoYIn to me to be the ;"ayor and Clerk of the City Commission respect... 1vcly, of the City of Eozerrum, whose names are subscribed to the uithin instrument and aclcnowledged to me that they executed the same for and on behalf of said City. IN "!TImSS l-F~REOF, I have hereunto set my hand and affi:l:ed my Notarial Seal on the day and year in this Certificate first above .vritten. ~/l ,. /" ' -:d/----~ :7:-r-/~~ Wo ary Pu 1C for the State at i"ontana Res iding at Bozeman, llontana .' . Iy Connnission expires. ;;;0/ ,',..-IV /7,r- //f': Ljf/ v /./ / , :;, ~ r:: (-) - d.':" ~)~ ~ rrN6EXET5-~ ttCAY-';~ED 'v STATE OF MONTkN A, } COUNTY OF GALLA TIN. Ri. 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