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HomeMy WebLinkAbout63- Kenny Easement .... , , "(j(1k Dw..,..,. . i *1' ,r' i_ , 'J 1.1 fJ f"AG Ei:.. I.! t EASE!:lENT AND RIG-HT-ol'-WAY AGREmm:NT FOR SANITARY SZ\"JER PIPE LINE /? THIS AGR'J:El.1ENT, Fa.do and entered into this _ ?.. day Of!tf:.'Yf>IT7(;--f"/'" I A.D. 1963, by and bch:een AJ.f'r'cd F. Kenny" Bozeman, Montana. a.nd Eva. A. Kenny, J.h,ctb&lr:ui :Ann W; "A part~ of the first part, hereinafter called the Grantor___. and THE CITY OF BOZElIAN, a municipal corporation of the State of Hontana, in Gallatin County, the party of the second part, hereinafter called the Grantee. PIT N E SSE T H : 'lIEREAS, The Grantor _ is the lebal record title OlIner of the NEt svft Section 12, Township 2 Soutb~ RRnEee 5 P.A!':+'. of portions j and ~~EAS, the Grantee, in the exercise of its pover and authority as a municipality of the State of ,'ontana, proposes to' construct and install sanitary se',-..er pipe lines for the collection and disposal of sewage and domestic wastes from the general area of IIontana state College beb'reen Eleventh and Twenty-third Avenues, south of West ColleGe Street thence in a generally northerly direction through the vresterly environs of the City of Bozeman to a connection "lith the pre- sent sanitary 'se~er system in the vicinity of Porth ~ic.;hth Avenue and Dirch street, a portion of which proposed sanitary sewer pipe line would run across the Grantor land; and ~ffiEREAS, the Grantee desire~ to acquire from the Grantor~, and the Grantor~ tire _ "lilling to grant to the Grantee an easement ani right-of-nay across the above J/J.e Ir described property of the Grantorf...., and .lrt- heirs. executors, administrators.. successors and assigns.; for the purpose of installing, operatin~, using.. repairing, replacing, maintaining, and removing said sanitary sewer pipe line, and for suoh other rights of access and incidental rights as are hereinafter desoribed, all as hereinafter more particularly provided. Non, THEREFORE, in cons iderat ion ot the sum of ( C(t'l pO in hand paid by the City of Bozeman, the receipt whereot is hereby acknowledged, and in further oonsideration of the covenants and agreements be~;een the parties hereto, the Grantor:; JiJ,j"e granted, barGained, sold.. conveyed~ a.nd 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 ritht~of-v~y for the purpose of installing, oper- ating, using, repairing, replacing, maintaininG and removing a sanitary sewer pipe line and appurtenances thereto upon and across the above described property of the Grantor..L.' said eas~ment and r ight-of-\"ray to consist of a strip of land thirty (30) feet in ".Tidth lying and beinG fifteen (15) feet. on eaoh 8iie of the followiri-g described center line: 1. ~ . ..,I \ , . "/~"~'~ '.J '",. ~:~:.I* :.','; A i_J l:t1k ,,"..J J.. A 30 ft. wide easement, 15 ft. on either side of the following described center line. Beginning a.t a point 264.0 ft.. East of the ".rest line of the F}0- 8\'4- Section 12, 329.5 ft., more or less, North of the North line of ',Vest Curtiss Street; thence Easterly 66.0 ft., more or less. 329.5 ft. North of and parallel to "the North line of West Curtiss Street to a point 330.0 ft. East of the West line of ~ S'~ Section 12 and 329.5 ft. North of the North line of 0est Curtiss street. 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating. usin~, repairing, replacing and Lmintainins 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 signs i TO lillVE AND TO HOLD the above described right-of-~~y uith all the appurtenances and privileges unto the said Grantee and to it. successors and assigns forever. The Grantee hereby covenants and agrees nith the Grantor/ as follows: 1. That, in connection with the installing, operating, usinC;, repairing, re- placing, lnaintaining and removinG of said sanitary sewer pipe line it vTill 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 vrere bec;un, or as near thereto as shall be reasonably poss ible. 2. That, during operations involviUb 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 leu, and stockpile said topsoil away from the remainder of the excavated 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 exposed by the excavation and remaining after backfilling is completed, and ~dll 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 se,rer 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 cultivQtion of the tract through vmich this right-of-vmy is hereby granted. 5. That upon acceptance and execution of this easement agreement by the Grantee, the Grantee .."Fill pay to the Grantor 5, 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 (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 ot the Grantor L as measured on the centerline of the righ~of-v~y, for damages to the premises 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 Grantor ~ for any such damage caused to the Grantor~ 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 beoome necessary for the Grantee to re- enter the Grantor2:. premises for the purpose of repairinG., replacing.; maintaining or removing said sanitary sev~r pipe line, the Grentee will reimburse the Grantor~ for any actual damaGe done to the Gruntor~ pre- mises or crops. 2. .. , j. ')"1 LJ/1{'[~) /1 .) >-. ... I Ii] [1--, '~ c.. The Grantor!l- hereby covenant _ and agree_ nith the Grantee as follovlS: 1. That at no time !'rill theybbuild, constr1.~ct. erect or maintain any permanent structure ove~ or a ove the ~aid sanitary sewer pipe line un- less such structure is built. constn\Cted and Ixdntained in such a manner that it vrould not interfere vrith the operation. use. repair, l:wintenance, replacement and removal of sald 3[;miJ.:;a:"4Y sewer pipe line. 2. That the Cr8.ntee may peaceably hold and enjoy the rights and privi- leGes herein ;;ranted nithout arrJ interruption by the Grantor s or their successors and assisns. 3. That ~ they are laYrfully ss:-zed of said premises; that they have good ri0ht and lawIWautho:':~-GY to sell the same and that they and their heirs, executors, administrators" su~cessors 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 vrhomsoever. It is understood and agreed by and between 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 assi[;ns of the Grantee. IN WITNESS -REHEOF, the Grantor s have hereunto set sec.l s ecnd the Grantee, The City ofBo~zernan, has hereunto Mayor-and its Clerk of the City Commission, each thereunto has caused its corporate seal to be affixed, all on this 1963. their hand sand set its hand; by its duly authorized, and 12 day of }IT ovember , J~~~~~p- ~.~ ;:?, ::r~7' THE CITY OF !J OZElJAN By a-c-'?/:1J //(,,--P,_ L F~f' S'T1UDAll'lR;flayor - AT TEST: ~./,~~/ c. It. '~ILS ~, Clerk of the City Commission APPROVED: 1~~/kJ77' STATE OF :MONTANA ) ; ss COUNTY OF GALLAT rn ) 3. . , ~ r " f:nOK (l J rAGE :~ [};J On thi:s 12 day _1' Novembe=i 1963 before me, the und.ersigned a Notary Public fer the Stat e of I\'lontana , pers onally appeared Alfred 1-1. Kenny and Bya A. Kemtv _ __ known to me to be the person desoribed: in and who IS igned- the f'ore.::;oinc inzstru- ment as (:.rantor~ and a.knovrledged to l't\e that th~had executed the 3ame freely and v~luntarily, for the usezs and purposes therein exprossed. IN vrI'rlT:r:SS ~-nCREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certifioate first above tvritten. " . ~ - - - 28.. 1963 STATE OF 1!ONTANA ) : ss COUNTY OF GALLAT IN) On this /3 day Of~rN1t1'T , 1963, before me, the undersigned, a Notary Public for the State of Fontana, personally appeared Fred j . Staudaher and C. K. "ilson, knot-m to me to be the ;-ayor and Clerk of the City Commission respect- l\7Cly, of the City of Bozeman, whose names are subscribed to the uithin instrument and aclcnowledged to me that they exeouted the same for and on behalf of said City. IN r-ITn:u;SS IF~REOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above .1ritten. ,\ ' .,'", ( .-: .,' '. . .. ,\' ~- -~: '~1 'J: (Ii ~'~.;" ,~" .It. 't., v INDEXED p PLATffD ST A!~ OF MONTANA. 1 " COLJl'J 1 Y OF CALLl\TIN. J .,s, Fikd--.-.--m__.__F.~l1;r1Jq:ry..~J,___. 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