Loading...
HomeMy WebLinkAbout63- Kirk Easement i' , .. 800f\ ", "}' ,/ 1.- .. ')" "-j J1'," I j/ ff1ur ,-,' ,_, , . . . EASEUENT AND RIGHT-Of-WAY AGREEHENT FOR SANITARY SZrJER PIPE LINE THIS AGRBEl',1ENT, Fa.de o.nd entered into this < ./ ,~' day ofA!!pt1?7 /-f"r , A.D. 1963, by and betneen Marguerite Kirk. Bozeman" l,~ontana part-l- of the first part, hereinafter called the Grantor___, and THE CITY OF BOZElIAN, a municipal corporation of the State of 11ontana, in Gallatin County, the party of the second part, hereinafter called the Grantee. ~ I T N E SSE T H : 'HEREAS, The Grantor _ is the lebal record title mIner of portions of the SW~NVJt Section 12, Tmvnship 2 South Range 5 East. -L and iffiEREAS, the Grantee, in the exercise of its pm'!er 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 se\'mge and domestic wastes from the general area of llontana state College betueen Sleventh 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 nith the pre.. sent sanitaryse\1er system in the vicinity of Forth ':;iLhth Avenue and Birch street, a portion of TIhich proposed sanitary sever pipe line would run across the Grantor land; and V'lHEREAS" the Grantee desires to acquire from the Grantor_, and the GrantoT_ is nillinG to grant to the Grantee an easement and right-of~\my across the above described property of the Grantor__, and her heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using" repairing, replacing, maintainin~, and removing said ~anitary sewer pipe line, and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. ~.~ NOn, THEREFORE, in consideration of the sum of4 ~~)n hand paid by the City of Bozeman~ the receipt whereof is herebt QW~ N ged, and in further cons ide rat ion of the covenants and a{;reeIl'.ents betHeen the parties hereto, the Grantor__ has 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 for4 ever: 1. A perpetual easement and rieht-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 consist ofZ.. strip of land thirty .( 30) fc:ct ill', idth lying and beiBG fifh9D (15) feet on ..,oh. dde of Lhc ful~" d..:jQrllll:::tl center linel - 1. ~, . ,; ;JJCk r' ,r, ".;;~ {' ': '\, . L 1 '"(1"- ,A'J') '-. '. rj,iJt I....., (J A 30 ft. wide easement, l5 ft. on either side of the follO"\"dnC.: described center line. Beginninc at a point 262.5 ft. more or less" }Torth of the Hortheast corner ~f thi N-,V,tswt Sect~on 12" and 13.~ ft.. m~re ~r less ',;pst of. the ,'pst line of the ~s. Sift of Secb.on 12" also be:lllg loce,God In the .south rl,ht-of-vvay line of U.S. HiGhway 191, thence Southerly 257 ft., more or Je ss to a point 16.7 ft. 'Nest a.nd 5.5 ft. Sou-th of the Northeast corner of the yn,'~~ s',,'%- Section 12. 2. The perpetual ri~ht of inGress and egress to ~nd from said tract of land at all reasonable times for the purpose of installinG, operatinG, usin~, repairing, replacinc and roAintaininG said sanitary sewer pipe line and appurtenances thereto and for the removing of same if and when desired by the Grantee, its successors and assiGns; TO EAVG AND TO HOLD the above described riGht-of-way 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 folloYls: 1. That, in oonnection with the installinc" ~perating" 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 ~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. 2. That, durinG 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, 'o'Thichever is less, and stockpile said topsoil away froll. the site any large rocks or surplus e:::cave,ted naterial or any kind of debris that v~y have been exposed by tl~ excavation and remaining after backfillinG is completed, and ':ri 11 leave the finished s urfaoe in substan- tially the same condition that existed prior to the beGinninG of opera.. tions except that the surface of baclcfilled 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 reasonable depth below the surface of the earth as will permit norma.l cultiv8.tion of the c;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 construction and installation of said sanitary sewer pipG line the Grantee will pay to the Crantor , in addition to the above specified money consideration of this easement, the SUi'!. of Six Dollars (~::,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 p~yment to the Grantor for any such damage caused to the Grantor lands and current crops" as-ahincident 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, repl~cinc, maintaining or removinc said sanitary sewer pipe line, the Grantee will reimburse the Grantor for any actual damaGe done to the Grantor pre- mises or crops. - . . ,~ .. . rJOOK ',;i'1'" pr'l"f ~), j' (1 ,_. , ,Ii] '-'to :t The Grantor hereby covenant and agreo vath the Grantee as foll~vs: - -- 1. That at no tillle will !'be build, construct" erect or maintain any permanent structure over "O"r"ibove the said sanitary sewer pipe line un- less suoh struoture is built, constructed and n~intained in such a manner that it would not interfere with the operation, use, repair, maintenance, replaoement and removal of said sanitary sewer pipe line. 2. That the Grantee may peaoeably hold and enjoy the rights and privi- leges herein granted without any interruption by the Grantor_ or #-er- successors and assigns. 3. That she LS lavrfully seized of said premises; that She A<r5 good riGht and lawfu! authority to sell the same and that ~hf and ber heirs, exeoutors, administrators, successors and assigns, shall \varrant and defend the title to said premises unto said Grantee, and its successors and assigns forever, against the lawful olaim and demand of all persons 'whomsoever. It is understood and agreed by and betvleen the parties hereto that this ~reement shall be binding upon the heirs, executors, administrators, suocessors and assiGns of the Grantor_ and upon the successors and assif;ns of the Grantee. m WITNESS. 'HEREOF, the Grantor c1,e5 hereunto set her hand and seal and the Grantee, The City of1iozeman, has hereunto set its hand, by its Mayorand its Clerk of the City Commission, each thereunto duly authorized, and has caused its oorporate seal to be affixed. all on this / Z- day of ~:t7t/FH{r.~/t 1963. (",/ / r:.:: .' .,. I' ....,1 t en.. /".",.. "t'L' ,.. , I "I .;. ' ( ""- ..... <t. C~, 'v t<:7'L~':= n_"--"-' ~,.. THE CITY OF EOZElJAN AJ~~ (, ,.,..'7. /lA//-, //'" ,I By L"-' / '" /J 1,/ r/ If,~' -<_ J....__ FRED Ii. STAUD.AHER, Hayor ATTEST: , ~ ..(( Cly~/ C. K. "7 LSON I Clerk of the City Commission APPRovED: ~~.,~ xj?7?. City Attorney STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) 3. , . !~)IODk /1"1 '_.1. Pt1l:F,..ti ',j'):" , , j 1.., '__'~ t. , ~ ";;"", ' , ... 110 ! L . On this Iv day.f #Uid;..((,..fH 1963 before me. the undersigned a Notary PubJio for the Stat e of HA I'1fllNa-' "pers onally appeared f1 tJ /' d u ~,.. ~ /-e ~,~k J kn~m to me to be the person descrioed in and who signed the fore~oinc instru- ment as (',rantor _ and acknowledged to ;n.e that She had executed the same freely and voluntarily, for the uses and purposes therein expressed. IN vrITH'I:SS ':J:B11EOF. I have hereunto set my hand and affb:ed my Notarial Seal o~ the day and year in this Certificate first above vrritten. ~4t ~<Z-€~ otary Public or the.s te of I-Iontana ResidinG at Bozeman, 1funtana My Conunission ::-Jxpires\uH v~~-;/ "z.?; /?rY' , ./ / STATE OF FONTANA ) . sa COUNTY OF GALLAT IN) On this /5 day Of;/{;...0,ffrfF , 1963, before me, the undersiGned, a Notary Public for the State of Fontana, personally appeared Fred: . Staudaher and C. K. ilson, l:no\ffi to me to be the :ayor and Clerk of the City Commission respect- ively, of the City of Bozeman, 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 ;.ITFJ~SS IT"REOF. I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above ,vritten. , , p/ /f>rY "" }.; ~,;:1 'l~? STATE or MONTANA. l COUNTY OF GAL,LT~TIN. 56', Fjl~d,,"m,.....F,e,bruar.y:...ZL.m" 19 64 At" ,.--,.2..:.34,....--'--..--'E.....--;~.. Gnd R,;;c>xci:J~i tv:d: 21 nf __m' ------. ':2 ,j MIS.C.ELLANEQUS..~, __m!l :<;3 ___~}____.. EARL WALTON ~~"~.~~_.~._.......'.,~___________.__,.._._" d_ .. _ ,.,',.__.____~.. ~. ,.-~.J CO"""'i C:',:.l:' Qi,d t"\c ,,'UI ctc;r, By ,;<<:.;;~~~:t:'k:(t../ffrJ!::'~~ Fee $.m_.,'.~~__........m. D0p.jly, 4.