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HomeMy WebLinkAbout63- Hauser Easement ... ". ,. EASEt1ENT AND RIGHT-Qi'-ViAY AGREEl1ENT FOR SANITARY Szt'fER PIPE LINE THIS AGRBEllliNT, Fa.do and entered into this 1< ../ day of /l-h f; ~r , A.D. 1963, by and betneen Roy "I. and "t:~lla ;Tnuser, l1Ol'(nmn, "on:,r<!18- purt~ of the first pa.rt, hereinafter culled the Grantor~t and THE CITY OF BOZEI~, a municipal corporation o~ the state of Hontana, in Gallatin County, the party of the second part, hereinafter called the Grantee. PIT N E SSE T H : ',HEREAS, The Grantor ~ ere the leGal record title OlIners of portions of the Lot '0. 10 [md 11 'nook lTo. Three (3), 1:0:'/(1.1 "if' ta'cl.d:i.t; ion. a subdivision of T3ozenan,"ontcm -i and 'ilHEREAS, the Grantee, in the exercise of its pm'fer 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 disposal of sevrage and domestic wastes from the general area of lIontana state College behreen Bleventh and Tvrenty-third Avenues, south of West ColleGe Street thence in a e;enerally northerly direction through the vesterly environs of the City of Bozeman to a connection nith the pre- sent sanitaryse';rer system in the vicinity of Forth ~ic;hth Avenue and Dirch Street, a portion of which proposed sanitary seTIer pipe line vrould run across the Grantor~ land; and v1JHEREAS, the Grantee desires to acquire from the Grantom .. and the Granton:; - -- are vTillinG to grant to the Grantee an easement and right-of-nay across the above described property of the Grantor..!.,..; and their heirs. executors, administrators" successors and assigns.; for the purpose of installing, operating.. using, repairing, replacing, maintainin~) 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 particularly provided. NOrr, THEREFORE, in consideration of the sum of :: j,r:J L) in hand paid by the City of Bozeman, the receipt whereot is hereby acknowledged, and in further cons1derat ion of the covenants and agreerr.ents betr..een the parties hereto, the Grantors lHW0 granted, barf,'ained. sold, conveyed, and confirmed.; and by these presentS- do hereby grant, bargain, sell, convey, and oonfirm unto the said Grantee ana-lts sucoessors and assigns the following rights and privileges for- ever: 1. A perpetual easement and r icht-of-vJ'aY 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 r ig.ht-of-way to consist of a strip of land thirty (30) feet in \'fidth lying and beinG fifteen (15) feet on eaoh side of the followiri:g described center line: 1. . ~ 1\ f'..~f'teen feet (1[, ft.) \"dclc ten (10 f\;.) orl ':,]\0 ecL side o:i nCEClTem." five feet (:: ft.) on the ':nst d~:e nno. iL.e :;'011O'o,i11; dascrilJcd ccx.,t:}i' li,,:o. Pcc:i:r::x,ir<: at a noin'C; of t;l;.e ro!'i.;l;ensL c orrn!'; 'fist; l:i,.':e c,: 1,0:. >o.;"en HoLe of Lat"a. Tc::-:t (10) on tb() \ crth line o.i. Lot ~,)" J\:'r\ (10) :'l":/: ii'lre (b) feet :}s(; . , ,. ~.'. . 1 .0' ... /' ,\ .(, '('~" r'o" y,.' , " < L ,. 1 . ') '"d"'" ..~ier~C(; l',~OCi..;llCr :l J...L~'C \'-.:) J8",,\,1 .', ../. \:1..._1.\1 :..;.\.1.'(......L..:...: (,01. "i_'.~ '"le" . ...." """". (""I' "'e" , ... ,-, ....O'.T... (J'lJ'. .: i'......(". ',:'Oll",",'." .. j, a <. J.~;~aJ::,.e 0) S.ic,',y \' V; :: "" '.j <.. ]' .,.- c' . (,!Jr-' :,iv(~ \') ::8",:t :irOl-:' thu C,)\.'~L~.t\Gt corn i ,'. -"c;'-c : o. '.cen (10). :'cCinrdnL at n ,::)o5.nt '_:1-. .J.~ .Jl' '.;_:, Ii:. "1;-'-; ';S-'; O~ 'GLe . orthcn$i~ cor- ner; U-'cncc i;olxi.:L(~rly five (fi) feet from and parr'.lleI to t,c .st l:1.n(; of j,ot ';. :). '~le\'(m (ll), D. ,.listance of seventy-one (71) :feetco U -;:oint on the :"o\.1(;h line of Lot rOe l~leven (11) five (E;) fcet from the southeast corner. 2. The perpetual right of ingress and egress to and from Skid tract of land at all reasonable times for the purpose of installinr;, operatinG, us in;:; , repairing, replacing and L~intaininL said sanitary sewer pipe line and appurtenances thereto and for the removing of same if and when desired by the Grantee, its successors and as 8 igns ; TO HAVE AND TO HOLD the above described right.of-~~y with all the appurtenances and privileges unto the said Grantee and to it. successors and assigns forever. The Grantee hereby oovenants and agrees with the Grantor S as follo~: 1. That, in conneotion with the installing, operatin,<;, usinG, repairing" re- placing" maintaining and removinG of said sanitary sewer pipe line it will replace, at its sole expense, all existing fences, ditches and other appurtenances of said land that may be distrubed by its operation in a condition equal to the condition thereof existing before said operations 'were beLun, or as near thereto as shall be reasonably poss ible. 2. That, durinE operations involvillb excavation, it ~nll remove the top. soil from the trench area to a depth of one foot.; or to the full depth of the topsoil, vrhichever is less.; and stockpile said topsoil away from the remainder of the excavated material; and in backfilling. this top- soil will be replaced as the top one-foot of the trench. It will remove from the site any large rocks or surplus excavated material or any kind of debris that may have been exposed by the excavation and renaining after backfilling is completed. and vall leave the finished surface in substan- tially the same condition that existed prior to the beginning of opera- tions, except 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 surface of the earth as will permit normal cultivation of the ground. 4. To operate" use and ITainta.in said sanitary s~ver pipe line in such manner as vnll not hinder or prevent the proper cultivction of the tract through whioh this right-of.v~y is hereby granted. 5. That upon acceptance and execution of this easement agreement by the Grantee, the Grantee vall pay to the Grantor j'> in addition to the above specified money co~sio.eration for this easement, the sum of One Dollar and fifty Cents (:,..1.50) per lineal foot for the first one hundred (100) feet, One Dollar (01.00) per lineal foot for the second one hundred (100) feet, and Seventy-five Cents (::.0.75) per lineal foot for the balance of the footage crossing the property of the Grantor 13 as measured on the centerline of the right-or-way, for damages to the-premises and crops by virtue of the Grantee's entry thereon. The payment herein specified for damases to premises and crops shall be and constitute full payment to the Grantor fior any such dama6e caused to the Grantor s premises and current orops" as an incident to the initial construction" install- ation and maintenance of the sanitary sewer pipe line. 6. In the event that it should become necessary for the Grantee to re- enter the Grantor_ tPremises for the purpose of repairinL, replacing, maintaining or removing said sanitary sewer pipe line, the Grantee will reimburse the Grantor s for any actual 6amage clone to the Grantor s pre- mises or crops. -- 2. . '. .., . The Grantor..l.. hereby covenant _ and agree_ Ylith the Grantee as follows: 1. That at no time will~ build, construct, erect or maintain any permanent structure over ~ove the said sanitary sewer pipe line un- less such struoture is built, constructed and ul.intained in such a manner that it would not interfere with the operation, use, repair, nmintenance, replacement and removal of said sanitary sewer pipe line. 2. That the Grantee may peaceably hold and enjoy the rights and privi... leges herein granted yrithout any interruption by the Grantor f or f/; e/r successors and assigns. 3. That tli ref (i /'C' lavTfully seized of said premises; that t-/l-f:! ilL{ Fe good riGht and lawful authority to sell the same and that f:!H',/ and NY ("1;- heirs, executors, administrators, successors and assigns, shall \<arrant and defend the title to said premises unto said Grantee, and its successors and assigns forever, against the lawful claim and demand of all persons vJhomsoever. It is understood and agreed by and betv'een the parties hereto thQt this Agreement shall be binding upon the heirs, executors, administrators, successors and assiGns of the Grantor~ and upon the successors and assigns of the Grantee. IN WITNESS . lIEREOF, the Grantor..L fil{ r e hereunto set f/;-e I r hand Land seal and the Grantee, The City of Bozeman, has hereunto set its 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 2S- day ofS;'rfe,/JJb-<?.-- , 1963. \GIN 0; '\j~ ~, 5:t~ Vrl /~A-' THE CITY OF E OZElJAN By ~i~/! 41~.L FRED F. S AUD.AImR~ Iayor ~ ATTEST: c. K.~UU~ ~_M1.) Clerk of the City Commission APPROVED: ..../.--7 ~~~ll ~ 'R,. , City Attorney STATE OF MONTANA ) I sS COUNTY OF GALLAT IN ) ,. '. ,. ; ~ -... On this 25tBay _f for the Stat e of Sept~ep963 before me, the undersibned a Notary Publio , personally amJeared Roy D. and Stella Hauser knovm to me to be tho person 'described in and "Tho signed the fore.=;oinc instn1- ment as Crantor --pand acknowledged "co rCl.e that therd executed the same freely and voluntarily, for the uses and purposes therein expressed. IN nIT}\T'::ss 1JDREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above v~itten. . 11""')-- -,-"" ," ...../r. /'/ _._,_~,__~._._'u'i -;c~~_''-rc// - t/(/ 4--7 - /'z-{'(/ ~ tary Public for the state ,of I,Iontana Ret. ::linG at Dozeman, Montana My~ommission Zxpires January 28. 1964 STATE OF j ;ONTANA ) COUNTY OF GALLAT IN) ss On this 23 day of (J( fA r.;,p/" 1963, before me.. the undersiGned, a Notary Public for the state of T"ontana.. personally appeared Fred: . Staudaher and C. K. 'Hson, l:nm-m to me to be the: ayor and Clerk of the City Commis:sion respect- ively, of the City of Bozeman.. vThose names are subscribed to the uithin instrument and acknowledged to me that they executed the same for and on behalf of said City. m "IT1T;~SS II:~REOF I I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above ,vritten. ~ . -c-rr--f:{/ d .4-- -_.~~C--(~ N tary pu lie for the State f j"ontana Residing at Bozeman, Fontana ry Comission expires. .7#0'/"/..//>/ ;:",~ /9'0/,' 4. .. . .. 1t.. .,"- "'4. ,-- EASE1.1ENT AND RIGHT-Qf-VifAY AGREElIENT FOR SANITARY S3VtER PIPE LINE THIS AGR'J:El,1ENT, Fa.de and entered into this ;Z.] day of {?:f,i fr-t" /"'-, A.D. 1963, by and betveen Roy D and Stella Hauser, Bozeman~ Montana pa.rt~ of the first part, hereinafter ca.lled the Grantor~. and THE CITY OF BOZEIIAN, a municipal corporation of the State of Hontana, in Gallatin County, the party of the second part, hereinafter called the Grantee. 1-! I T N E SSE T H : ']-IEREAS, The Grantor L are the leGal record title OimerL of portions of the Lot No. 10 and 11 Block No. Three (3), Royal Vista Addition. a subdivision of Bozeman, Montana ---1 and ','lHEREAS.. the Grantee, in the exercise of its pO\'Ier and authority as a munic ipali ty of the State of I~onta:na, proposes to' construct and install sanitary se'...er pipe lines for the collection and disposal of sevre.ge and domestic wastes from the general area of lIontana State College betueen Eleventh and Twenty-third Avenues, south of West College Street thence in a generally northerly direction through the vesterly environs of the City of Bozeman to a connection vrith the pre- sent sanitaryse~-rer system in the vicinity of Forth ~ic;hth Avenue and Dirch Street, a portion of which proposed sanitary sever pipe line vrould run across the Grantor~ land; and VffiEREAS, the Grantee desires to acquire from the Granto~, and the Granto~ are 'Tilling to grant to the Grantee an easement and right-of-vmy across the above described property of the Grantor..!..., and their heirs, executors, administrators, successors and assigns. for the purpose of installing, operating, using, repairing, replacing. maintaininc;. and removing said sanitary sevIer pipe line. and for suoh other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOlT, THEREFORE, in consideration of the sum of :: (I{/O in hand paid by the City of Bozeman, the receipt '~ereor is hereby acknowledged, and in further consideration of the covenants and agree~~nts bet~een the parties hereto, the Grantor s have granted, barbained. sold~ conveyed, and confirmed.; and by these presents do hereby grant, barga.in, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges for- ever: 1. A perpetual eas ement a.nd rich t-of-way for the purpos e of installing, oper- ating. using, repairing, replacing, maintaininC and removing a sanitary se'wer pipe line and appurtenances thereto upon and across the above desoribed property of the Grantor..L' said easement and right-of-way to consist of a strip of land thirty (30) feet in Hidth lying and beinG fifteen (1S) feet on eaoh side of the followm-g deseribed center line: 1. ... ~. .. A fifteen feet (15 ft.) wide Easerrent, five feet (5 ft.) on the East ~(ide and ten (lO ft.) on the ,'[est side of the following described center line. Beginning at a point on the North line of Lot No. Ten (10) and five (5) feet'/'Iest of the Northeast corner; thenoe Souther ly five (5) feet from and paralle 1 to the East line of Lot No. Ten (10), a distance of sixty (60) feet to a point on the South line of Lot No. Ten (10) and five (5) feet from the Southeast corner of Lot No. Ten (10). Beginning at a point on the North line and five (5) feet West of the Northeast cor- ner; thence Southerly five (5) feet from and parallel to the East line of Lot No. Eleven (ll), a distance of seventy-one (71) feet to a point on the South line of Lot No. Eleven (11) five (5) feet from the Southeast corner. 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times far the purpose of installing, operating, usinG~ repairing, replacing and r;~intaininb said sanitary sewer pipe line and appurtenances thereto and for the removing of same if and when desired by the Grantee, its successors and as 8 igns ; TO }ffiVE AN~ TO HOLD the above described right.of-~~y with all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby oovenants and agrees with the Grantors as follows: 1. That, in oonnection with the installing, operating, using, repairing, re- placing, maintaining and removinG of said sanitary sewer pipe line it vrill replace, at its sole expense, all existing fences, ditohes and other appurtenances of said land that may be distrubed by its operation in a condition equal to the condition thereof existing before said operations 'were beLun, or as near thereto as shall be reasonably poss ible. 2. That, durinG operations involvinb 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, vnlichever is less. and stockpile said topsoil ro~y from the remainder of the e:::cavatecl material; and in baCkfilling, this top.. soil \rill be replaced as the top one-foot of the trench. It will remove from the site any larGe rocks or surplus excavated material or any kind of debris that may have been e'~osed by the excavation and remaining after backfilling is completed, and vnll leave the finished surface in substan- tially the same condition that existed prior to the beginning of opera- tions, except 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 surface of the earth as will permit normal cultivation of the ground. 4. To operate, use and ITAintain said sanitary sewer pipe line in such manner as vnll not hinder or prevent the proper cultiv~tion of the traot through vrhich this right..of-vray is hereby granted. 5. That upon acceptance and execution of this easement agreement by the Grantee, the Grantee ,"rill pay to the Grantor s, in addition to the above specified money co~sideration for this easement, the sum of One Dollar and fifty Cents ((,1.50) per lineal foot for the first one hundred (lOO) feet, One Dollar (01.00) per lineal foot for the second one hundred (100) feet, and Seventy-five Cents CO. 75) per lineal foot for the balance of the footage crossing the property of the Grantor s as measured on the centerline of the right-of-way, for damages to thepremises and crops by virtue of the Grantee's entry thereon. The payment herein specified for dama:;es to premises and crops shall be and constitute full payment to the Crantor s for any such darna6e caused to the Grantors premises and current orops, as an incident to the initial construction, install- ation and maintenance 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 repairinlc. replacing.; maintaining or removing said sanitary sevrer pipe line, the Grantee will reimburse the Grantors for any actual damar;e done to the Grantors pre- - - mis es or crops. 2. \, .. . .. . # The GrantorJ hereby covenant and agree with the Grantee as follmvst - -- 1. That at no time ~1ll+1~L_ build, construct, erect or maintain any perIMnent structure over "O'r'Tabove the said sanitary sewer pipe line un... less suoh structure is built~ constructed and nnintained in such a manner that it would not interfere with the operation, use, repair, n~intenance, replacement and removal of said sanitary sewer pipe line. 2. That the Grantee may peaceably hold and enjoy the rights and privi- leges herein granted ,rithout any interruption by the GrantorL or -Jilt" ,';.. successors and assigns. 3. That f/J;r a/::e lavrfully seized of said premises; that -fJley !J((t/E'- good riGht d lawful authority to sell the same and thatM-e! 'and lif'h~ heirs, exeoutors, administrators, sucoessors and assigns, sha 1 \1arraD and defend the title to said premises unto said Grantee, and its sucoessors and assigns forever, against the lawful claim and demand of all persona vrholllBoever. It is understood and agreed by ~d betvreen the parties hereto thut this Agreement shall be binding upon the heirs, executors, administrators, suocessors and assiGns of the Grantor2- and upon the successors and assigns of the Grantee. m YHTNESS .1IEREOF~ the Grantor..:; /;are hereunto set floY' hand and seal and the Grantee, The City of'Bozeman, has hereunto set its 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 is- day Of5'1j'fW'/ H:-r · ~~. ' / / \Q \I1A ~ \~VUJv '\ ~& h1 !~~ 'f" f.........-~-- '--. THE CITY OF E OZEUAN ~ 13y I~-fl ' ,." iI'A -",c"~L R F. S~D~ ~ayor ATTEST: ""', ~4:.I/)~~~ ./ C. K.TIL N, Clerk of the City Commission APPROVED: ~~~7f. City Attorney STATE OF MONTANA ) : as COUlifTY OF GALLAT IN ) 3. '... ~ .. .L On this 25th day .f for the Stat e- of September 1963 before me, the undersiGned a Notary Public , pers onally appeared Roy D. and Stella Hauser lmovm to me to be the person Clescribed in and who ;igned the fore::.;oin.:.; inst:c'..l- ment as Crantor.!.... and acknovrledged to :llB that they had executed the same freely and voluntarily, for the uses and purposes therein expressed. IN tJITE'jSS '1BllEOF. I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above v~itten. / // /" // ~,"~;/~ _/~___ _~~"f> /:/, _7/'">.~""-/L" (.c'/ otary Public for the stE}te of l.iontana ResidinG at Bozeman, ~funtana h~ Commission ~xpires January 28, 1964 STATE OF FONTANA ) : ss COUNTY OF GALLAT IN) On this 73 day of Oc{-;-t{....er-:, 1963, before me, the undersiGned, a Notary Public for the state of '"ontana, personally appeared Fred: . Staudaher and C. K. - oils 011, l::umffi to me to be the : "eyor and Clerk of the City Commiss ion respect- ively, 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. IN "ITF::;SS ILiREOF. I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above v~itten. 4.