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HomeMy WebLinkAbout63- Nelson Easement '. l .... 1 If.... -. 3nOK ~ 1 ~Wlf ;~4f~ EASEUENT AND RIGHT-Or....\i'lrAY AGREEllENT FOR SANITARY SZrJER PIPE LINE THIS AGR1]E!.:ENT, Fo.de and entered into this --" ? ?-~ day of //; hllfr'/T A.D, 1963, by and bet~een Dan A. Nelson (Homesites Addition)1 Bozemanl Mont~na :',,/ j i ..1 ';~.> . and Esther Nelson. Bozeman. Montana Husband and Wife. po.rt~ of the first part, hereinafter called the Grantor___, and THE CITY OF BOZmffiN, a ~unicipal corporation of the State of Montana, in Gallatin Countyl the party of the second part, hereinafter called the Grantee. l'.' I T N E SSE T H : 'JIEREAS, The Grantor is the leGal record title OIIner of portions of the Honwsites Addition J and :iJHEREAS, the Grantee, in the exercise of its poper and authority as a municipality of the State of j.ontaool proposes to construct and install sanitary se'7er pipe lines for the collection and disposal of sevrage and domestic wastes from the general area of !lontana state College betueen 8leventh and Twenty-third Avenues, south of West ColleGe Street thence in a generally northerly direction through the vresterly environs of tl1e City of DozeriJE.n to a connection ~....ith the pre.. sent sanitaryse'.-rer system in the vicinity of Forth ~ic,hth Avenue and Dirch Streetl a portion of which 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__ is \Jilling to grant to the Grantee an easement and right..of..y,ray across the above described property of the Grantor_, and his heirs.. executors, administrators.. successors and assigns, for the purpose of installin~, operatingl using, repairing, replacing, maintaining, 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. Non, THEREFORE I in consideration or the sum of :: /, L7cJ in hand paid by the City of Bozeman.. the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agree~2nts betveen the parties hereto, the Grantor_ has grantedl bargained, sold, conveyed, and confirmed, and by these presents does hereby grant, bargain, sell, convey, and confirm unto the said Grantee a~ts successors and assigns the following rights and privileges for.. ever: 1. A perpetual easement and ri.[;ht..of..vJ8.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 r i[sht-of-..,m.y to cons ist of a strip of land thirty (30) feet in vridth lying and beiIl[; fifteen (15) feet on eaoh side of the following described center line: ~ 1. '.' ' ~. . , , :-'In:,',1~. ;~l PJ1GEGiI8 ~ I l "4 A 22 ft. wide easement ,11ft. on either s ide of the following described center line. Beginning at a point of the East line of the Homesites Addition and 11.7 ft. South of the Northeast corner of Tract 16; thence V<Jesterly for a distance of 570.2 ft. to the East line of North 17th Avenue and 11.2 ft. South of the North- west corner of Tract 16. 2. The perpetual riGht of ingres5 and egress to and from said tract of land at all reasonable times for the purpose of installinG, operating, usinG, repairing, replacinG and ~AintaininG said sanitary sewer pipe line and appurtenances thereto and for the removing of same if and when desired by the Grantee, its suceessor:s and as s i(;ns ; TO IIAVS AND TO HOLD the nbove described ribht-of-way with all the appurtenances and privileges unto the said Grantee and to its suooessors and assigns forever. The Grantee hereby covenants and agrees with the Grantor_ as follovrs: 1. That, in connection with the installinG, 9perating, using. 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 ~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, during operatiens 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 stockplle said topsoil away from. the site any lar,;e rocks or surplus e:::cave.ted nateria.l or any kind of debris that ~~y have been expo:sed by the excavation and remaining after backfillin~ is completed, and vnll leave the finished surfaoe 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 format ion of depress ions 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 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 '1hich this right-of-vmy is hereby granted. 5. That upon completion of co~truction and installation of said sanitary Gower p1p$ line the Grantee will pay to the Grant~r , in additien to the above specified money consideration of this easement, the sun of Six Dollars (~:,6.00) per lineal rod measured on the centerline of the right-of-way for damages to the premises and crops by virtue of the Grantee's entry thereon. The payments herein specified for damage to premise. and crops shall be and constitute full payment to the Grantor for any such damage caused to the Grantor lands and current crops, aslrnincident 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, replacing. maintaining or removinc said sanitary sewer pipe line. the Grantee vnll reimburse the Grantor for any actual damaGe done to the Grantor pre- mises or orops. - - ;:;0[,* '/ ,}, PDr'~ i~J-' 'l;'.' h.. .,. I ,""IU "., ~__,. J i ! I ~ .. t I'", .;.. I f ~ The Grantor.;;[ hereby covenant _ and agree~ \"lith t~le Grantee as follows: 1. That at no time \"rill build, constructl erect or maintain any permanent structure over or above the ;;aid sanitary sewer pipe line un- less such structure is builtl construoted and l1c.intained in such a manner that it vfOuld not interfcr0 \",ith the operation, use, repair, maintenance, replacement and removal of sald 3anita~y sewer pipe line. 2. That the Cre,ntee may peaceably hold and enjoy the rights and privi- leges herein granted nithout any interruption by the Grantor; or +11 ~ II'" successors and assisns. 3. That M"I_ (JrC l::rvrfully s~ized of said premises; that tin! l'Clf.-e, good riGllt~lavlful autho~~ty to sell the same and that i.~ . nd f-~ (', r heirs, executors, administrators" successors e.nd assigns, shall Harran'\; 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 whomsoever. 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 GrantorL and upon the successors and assicns of the Grantee. IN WITNESS' 'HEREOF, the Grantor,i. /J~ tr~- hereunto set If; e,r hand...2:.. and. seal and the Grantee, The City of Bozeman, has hereunto set its hand, by ~ts Mayor7nd its Clerk of the City Commission, each thereunto duly authorized, and has caused its corporate seal to be affixed, all on this /--s~E day of.J,~(l?/-'1j-(>,;- , 1963. /9a-rl (). >>f.~) ~_,c-~<// )t-(_...(~-4-7/L__~ THE CITY OF BOZElJAN ... By FR ATTEST: ~~/('jj.~/~ C.~ Clerk of the City Commission APPROVED: ~4P~jJ-. , ~ Attorney ~ STATE OF MONTANA ) : ss COWTY OF GALLATIN ) 3. ..' " . . .. j - .. >"'1 LIII">- (;p. >)" l' ,,- -... , I'l.k ,--, '-_ _ On this 25thday _f September, 1963 before me, the undersigned a Notary Public for the State of Montana , personally appeared Dan A. and Esther Nelson known to me to be the person s. described in- and who signed the fore::;oiX'J.[; instru- ment as r'rantors and acknowledged to me that they had executed the same freely and voluntarily;-for the uses and purposes therein expressed. IN vrITlnSS iJIEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. ,I . / .// ..' .,,, ",;' .- /// .._.___/____/.t:.C;/ ",,, 'r":':'~.'~C'~"""'- ",--L,-'.'~ (. / \. ,-::,.. -~.-"")/ L' :,- .".t'~_,.~. / Notary. Public"for th'~ state o~/liontana Res 1ding at Bozeman, Montan~/ My Commission ~xpires January 28, 1964 STATE OF IiONTANA ) : ss COUNTY OF GALLAT IN) On this 1 S day of Uc,f?Crr; 1963, before me, the undersiGned, a Notary Public for the state of T7ontana, personally appeared Fred; . Staudaher and C. K. --ilson, Imorm 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 l,ithin instrument and aclcnowledged to me that they executed the same for and on behalf of said City. IN '-"ITIE:SS I-IT'REOF, I have hereunto set my hand and affb:ed my Notarial Seal on the day and year in this Certifioate first above vvritten. / // L2f /1' .~~~~; 1i':~;p~biic for th~ sGte of l'ontana Residing at Bozeman# ~lontana Fy Commission expires. I:t/? "'d/--> ,.::"~P/(~;;7/ '" '" 1,.,. ;:: '$ t"':,nf ,J~".._ 'Ie}...L I rl)'l""'\" R' , " .' JI&Io.~,t',~.~~ . "'''", --~ '''\'' S'fATE OF 1,")" ,(.~ ~ .... If. 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