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HomeMy WebLinkAbout63- Palffy Easement .. . ~G!W " > ' \ .,'. . "'..'1.. '\-"'.'} :~-, j Pl1G} tJ.<... ''''~'''''''''----;~''..~''.''-''--'',~-' ~,_. -----.'.."...,'~., :~,: EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR SANITARY SEWER PIPE LINE THIS AGREEMENT, Made and entered into this 1"' "'":: roo_ OJ". day oferi' (i /, (r- ,A.D. 1963, by and between MARTHA BOWLES PUFFY. Bozeman, Montana part~ of the first part, hereinafter called the Grantor___, and THE CITY OF BOZEMAN, a municipal corporation of the State of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, The Grantor is the legal record title owner of portions of the swt sEt Section 1, T~~ship 2 South, Range 5 East ...' and WHEREAS, the Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install sanitary sewer pipe lines for the collection and disposal of sewage and domestic wastes from the general area of Montana State College between Eleventh and Twenty-third Avenues, south of West College Street thence in a generally northerly direction through the westerly environs of the City of Bozeman to a connection with the pre- sent sanitary sewer system in the vicinity of North Eighth Avenue and Birch Street, a portion of which proposed sanitary sewer pipe line would run across the Grantor~ -2:!.. willing to grant to the Grantee an easement and right-of-way across the above described property of the Grantor___, and ~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 such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $1.00 in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the Grantor_ ~ granted, bargained, sold, conveyed, and confirmed, and by these presents does 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 right-of-way 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__, said easement and right-of-way to consist of a strip of land thirty (30) feet in width lying and being fifteen (15) feet on each side of the following described center line: 1. , j'-\') ..~ j. : ~i' r,,} t._",,:' A 30 ft. wide easement, 15 ft. on either side of the following de~crib_~t~ line. Beginning at a point on the North line of the S~ NW~ SE~ Section 1, Town- ship 2 South, Range 5 East, M.P.M., located 555 ft. Westerly from the West line of North 7th Avenue of the City of Bozeman and also being the West line of Federal Aid Project #179: thence from said point of beginning Southerly parallel to the West line of said North 7th Avenue a distance of 965 ft., more or less; thence Westerly for a distance of 740 ft., more or less, terminating at a point on the West line of the SE~ of Section 1, Township 2 South, Range 5 East, M.P.M., and 1,073.6 ft. North of the South line of Section 1. Beginning at a point on the West line of the SEt of Section 1, Township 2 South, Range 5 East, M.P.M., and and being 1,073.6 ft. North of the South line of Section 1; thence Westerly for a distance of 570.5 ft., and terminating at a point 1,101.1 ft. North of the South line of Section 1, and 2,109.6 ft. East of the West line of Section 1. 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, using, repair- ing, replacing and maintaining said sanitary sewer pipe line and appurtenances there- to and for the removing of same if and when desired by the Grantee, its successors and assigns. TO HAVE AND TO HOLD THE above described right-of-way with all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantor as follows: 1. That, in connection with the installing, operating, 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 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 will 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 stockpile said topsoil away 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 will 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 maintain said sanitary sewer pipeline in such manner as will not hinder or prevent the proper cultivation of the tract through which this right-of-way is hereby granted. 5. That in addition to the above specified money consideration of this ease- ment, the grantor shall have the right of making connections to said sani- tary sewer pipe line where it passes through the grantors property, by paying only normal service connecting fees. Said connections may be made only to serve the property of the Grantor which is located within the corporate limits of the City of Bozeman at the time said connections are made. The grantee will pay the grantor for damage to Crops, only, for the year of installation of the said sanitary sewer pipe line, said payment to be in an amount equal to actual market value of crop damaged. 6. In the event that it should become necessary for the Grantee to re- enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said sanitary sewer pipe line, the Grantee will reim- burse the Grantor for any actual damage done to the Grantors premises or crops. , ' '} f1(l[; f ;.::j :1: , , , . The Grantor hereby covenants and agrees with the Grantee as follows: 1. That at no time will grantor build, construct, erect or maintain any permanent structure over or above the said sanitary sewer pipe line un- less such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance, replacement and removal of said sanitary sewer pipe line, except in this connection it is understood that if the lands through which this easement is granted are subsequently platted into lots or blocks that said lands can be so platted that the lands over which this easement is granted can be platted as a street or alley and paved or improved as such. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor. 3. That grantor is lawfully seized of said premises; that she has good right and lawful authority to sell the same. It is understood and agreed by and between the parties hereto that this Agreement shall be finding upon the heirs, executors, administrators, successors and assigns of the Grantor and opon the successors and assigns of the Grantee. IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal and the Grantee, The City of Bozeman, has hereunto set its hand, by its Mayor and its Clerk of the City Commission each thereunto duly authorized, and has caused its corporate seal to be affixed, all on this / ,"i ,,'i day of T:.... //"( / / {-: "'j" . ../1' 1 U" '-t ..,~"- ., ---, '. ... (, .. lie (~'v'\ ~ :-> C'~J.t _1 \ ctt (f1-~ \ ' " THE CITY OF BOZEMAN BY~~I 1;/7' )1/[1'/; /F M. STAUDABER, Mayor L - ATTEST: <. (4 o!t ~-AJ C.K. WI 0; Clerk of the City Commission APPROVED: ~L~/ B- E. BERG, J City Attorney STATE OF MONTANA ) . ss COUNTY OF GALLATIN ) 3. ..... / I .J\ ... , " } , . . ;:onk .' '1 i~..... ( ......'.... ,:\r'W \J/.'f~i~ 1"1'1....) :'.). . ,'HI!. I.~, t. (. . , On this 10th day .f for the Stat e of Montana June ,1963 before me, the undersiGned a Notary Pub~.:':") , pers onally appeared Martha Bolle s P alffy lmOVJIl to me to be the person-c:.sscri'.JEd in'-:.:n;r- \'Tho s igmd the fore.:;oinc; im;t:t'1J..~ ment as Cra:J.tor and acknc.,vT18dgAd 'co ,a.e thc,t she had executed the same freely and voluntarily:-ror the uses and purposes therein exprcssed~ IN "(i'jITRSSS 'JI':;l1EOF, I have hereunto set my hand and affi:i:ed my Notarial Seal on the day and year in this Certificate first above vrritten. / ,7 ~~~ Notary Pub 1c for the state of liontana Residing at Dozeman# Montana My Commission ~xpires May 8, 1964, STATE OF FONTANA ) : ss COUNTY OF GALLAT IN) On this )3 day ofCf'c+;"(...fr , 1963, before me, the undersigned# a Notary Public for the State of ]"ontana, personally appeared Pred : . staudaher and C. I{. "Usan, knmm 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 YTithln instrument and aclcnowledged to me that they executed the same for and on behalf of said City. IN " "ITIT::CSS IFREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above ivritten. ~~//~::. otary Public for the Sta of j-ontana Residinr:; at Bozeman, Fontana Fy Commission expires.,).yF7 .1q'''Y'- //pc/;/#j"" I .,/ -'.JJl - . 2 ""L~#V ,J;.,_",Jl",J INDEXED. ] 1l.;iff~lr~~~~...~.~ STATE or M()i~TAUA, ) COlJhTY Of GALU..'flN, jSs, ~:cd2':"J9---.F.e.b;ru.ar.Y:.nZ.l....,; 1~" 64 n .......... ........n.. . ... ..12....... c., '..d H::ccrcL'... ',;, L";:'):.:21. . . ...,jj Mr.S.C.EL.L.AN~QU:Sm..... i<.,;,c ___.?5.~.. ___.........~.!\..H:~u.WALT ON B~/~;Zn~~~~~ Fee $_m~~m___............ Deputy. 4.