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HomeMy WebLinkAbout63- Reel Easement , .. .. ' BOOK G 1 PAGE c;Jtj ...----....---...... EASEMENT AND RIGHT-or.1JIl:A.Y AGREEMENT FOR SANITARY SZn'ER PIPE LINE J 7)- THIS AGR~EJ:.~T, rude o.nd entered into this __ day Of;to/(;;;-//H'/' ~ A.D. 1963, by and bctveen Luther D. A. Reel and Nellie K. Reel, husband and wife part~sof the first part, hereinafter called the Grantor~, and THE CITY OF BOZEIIAN~ a municipal corporation of the State of Nonto.na, in Gallatin County, the party of the second part, hereinafter called the Grantee. ": I T N E SSE T Ii : '}IEREAS, The Grantors_ are the ler;al record title Oimer..!L of portions of the NEi swi Section 12. Township 2 South, Range 5 East. ; and ;rnrnREAS, the Grantee, in the exercise of its pm~er and authority as a municipality of the State of ;~ontana, proposes tcr construct and install sanitary se":er pipe lines for the collection and disposal of senage and domestic wastes from the general area of llontana State College betueen 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 ,"rith the pre.. sent sanitarY~;Q":Jer system in the vicinity of Forth'JiL;hth Avenue and Dirch street, a portion of 17hich proposed sanitary sener pipe line vrould run across the Grantor land; and VffiEREAS, the Grantee desires to acquire from the Grantor~ and the Grantor~ are1-rilling to grant to the Grantee an easement and right-of-nay across the above described property of the Grantor _~... and theirheirs. executors, administrators, successors and assigns, for the purpose of installing. operatin~, 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. NOlT, THEREFORE. in consideration of the sum of C_(:tl,dO in hand paid by the City of Bozeman, the receipt \vhereof is hereby acknowledged, and in further cons iderat ion of the covenants and agreeJT'.ents bet"rreen the parties hereto, the Grantor sha ve granted. bargained, s old. 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 for... ever: 1. A perpetual easement and r i[;ht-of...way 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 desoribed property of the Grantor .i:.! said easement and right-of-way to consist of a strip of land thirty (30) feet in width lying and beinc fifteen (15) feet on eaoh side of the following described center line: 1. .- ' f , , " ")', ' J,-', ,- r'(i .- "'. '-- -- ,,- ~;iGt ,--"J 7 BOCk A 30 ft. wide easement1 15 ft3 on either side of the followinc described center line. Beginning at a. point 330.0 ft. East of the ':[es t line of the ];\-4,. SI'"4" St. 12 d "'2 5 '"2 '~4 ec ~on an ~ 9. ft.1 more or less 1 North of the North line of ',;[est Curtiss street. thence ~asterl;r 66.0 ft~ 3 more or less 3 329.5 ft. North of and parallel to the North hne of 'I,est Curt~ss street to a point 396.0 ft. East of the West line of the E~ SlJI% Section 12 and 329.5 ft. North of .the North line of' ~,'te t Ct.' S t t .. s ur lS s ree . 2. The perpetual right of ingress and egress to and from skid tract of land at all reasonable times far the purpose of installing, operating, usin~, repairing, replacing and "mintainin0 said sanitary sewer pipe line and appurtenances thereto and for the removing of same if and TIhen desired by the Grantee, its successors and as signs; TO HAVE AND TO HOLD the above described right-of-~~y ~ith all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees nith the Grantor as follows: 1. That, in connection with the installing, operating. using, repairing, re- placing, lnaintaining and removinG of said sanitary sewer pipe line it \Till replace, at its sole expense, all existin; fences, ditohes and other appurtenanoes of said land that may be distrubed by its operation in a condition equal to the oondition thereof existing before said operations 'were beLun, or as near thereto as shall be reasonably poss ible. 2. That, durinG operations involvinG excavation, it ,rill remove the top~ aoil from the trench area to a depth of one foot, or to the full depth of the topsoil, vThichever is less, 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 rerw.ining after backfilling is completed, and ,nll leave the finished surface in substan~ tially the same condition that existed prior to the beginning of opera~ tions, except that the surface of baokfilled 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 suoh a reasonable depth below the surface of the earth as vTill permit normal cultivation of the ground. 4. To operate, use and ~Aintain said sanitary s~ver pipe line in such manner as vnll not hinder or prevent the proper cultiv~tion 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':rill pay to the Grantor ,in addition to the above specified money consideration for this easement, the sum of One Dollar and fifty Cents (:",i. 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 C,0.75) per lineal foot for the balance of the footage crossing the property of the Grantor as measured on the centerline of the right-of~vmy. for damages to the-premises and crops by virtue of the Grantee's entry thereon. The payment herein specified for damages to premises and crops shall be and constitute full payment to the Grantor for any such damage oaused to the Grantor premises and ourrent orops, as an incident to the initial construction, install- a.tion 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 repairinL, replacing, maintaining or removing said sanitary sewer pipe line, the Gr~ntee will reimburse the Grantor for any actual aamage done to the Grantor pre- mises or crops. -- 2. ! I ".. ", , , . BOD!< 'r:..ll' p" ". 'f3' ~). --. ,fiUt c;.. ~ lJ The Grantor2.. hereby covenant and agree_ 1'rith the Grantee as follows: 1. That at no time will JAf>Y build, construct, erect or maintain any permanent structure over ~ove the ~aid sanitary sewer pipe line un~ less such structl..lre is built, constructed and rJaintained in such a manner that it would not interfere with the operation, use, repair, Baintenance, replacement and removal of said sanitary sewer pipe line. 2. That the ere.ntee may peaceably hold and enjoy the rights and privi- leges herein granted \rithout any interruption by the GrantorL or fJ?etr successors and assigns. 3. That -/-jpv at-e lawfully seized of said premises; that i-~t'1/ );qvt:..- good rish~laY"'fuI authority to sell the same and that fhf'~drf'l.r heirs, executors, administrators... successors IH1d assigns.. SiiiiTf'"vrarran 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 betvreen the parties hereto th~t this Agreement shall be binding upon the heirs, executors, administrators, successors and assiGns of the Grantor..2:, and upon the successors and assicns of the Grantee. IN WITNESS 'lIEREOF, the Grantor.;Lttlre hereunto setf/JFlr hand ~ and seal ~ and the Grantee, The City of Bozeman, has hereunto set its hand. by its ]~yor-and its Clerk of the City Commission, each thereunto duly authorized, and has caused its corporate seal to be affixed, all on this pr day ofcJcft1t;...er , 1963. ~~~a/;Z/ >td~</ /~ 7~ THE CITY ;;;!tE1: <1-" / By '_~~-7' / /'"~ /)5<1 ~ J~/I.:-.. FRED I;. S AUD.AHBR, Hayor ATTEST: t!. /ruJ~ C. K. ':1L50 . Clerk of the City Commission APPROVED: /~, . f""" ~ ~ ../~.- - "'~- .:: ". .... . I 0.. '. g~ Ed;1! 7 ~/ Clty Attorney STATE OF MONTANA ) :- ss COUNTY OF GALLATIN ) 3. ~, ~ ~ .,.. , , . . , -. t;OLW · .~i C:J ""'J .~~ ~ 'J'" '~l q'!IF ( ,.(, ~ j l~,. ,...,. J. On this 29 daY.f October . 1963 before me. the undersigned a Notary Public for the State of Montana , pers onally appeared Luther D. A. Reel and ~'ollie K. Reel _ knovm to me to be the person described in and who signed the fore:oinc instru- ment as ("rantor Land aekno"....ledged to me that they had executed the same freely and voluntarily, for the uses and purposes therein expre~sed. IN trITlnSS 1!lEREOF, I have hereunto set my hand and affixed II\Y' Notarial Seal on the day and year in this Certificate first above vtritten. /""' 28, 1964 STATE OF I;ONTANA ) , ss COUNTY OF GALLAT IN) On this /3 day of~vf'hfhr , 1963, before me. the undersiGned, a Notary Publie for the State of !~ontana, personally appeared Fred; . Staudaher and C. K.'ilson, knm-m to me to be the ;-ayor and Clerk of the City Commiseion respect... ivc1y, of the City of Bozeman, vmose names are subscribed to the ~ithin instrument and aclO1owledged to me that they executed the same for and on behalf of said City. IN ;'ITF;JSS I-F'REOF, I have hereunto set my hand and affiJ:ed my Notarial Seal on the day and year in this Certificate first above vvritten. ;rr /;70:: tj/ ./" . .1\." . , ....".-. ..,-_._~/ 'I;~I.);::XE' / ;: 1- ,1 (}~;:J .....~,...lo.., _vO "~.",""",,' ....,""' ".. .~.''':Mr.: PLATTED STATE OF 1,,10 Il Tl\NA , ~ COUI~TY OF GALLXla~. ('S. fikdm_n___'_f_~_PJ".lJ.~.ry,-.2l-----" 1Q 64 ~ ') , 3 5 P" ." ", i nL ,........ ,,,_n_ . ...., .,,' ,.. ',- .( R......,,:, i.",.,:; 21 '-if _'.n"'..~ -, __'n . '. 6 MIS.CELLANEOilS, ' ,-'." ,;2:L_.. 1<' A oL WALT ON ____un. " .,"'.n~ ......m.h'.,..H. ___. n . .. . Byk~2:d)li;{:;~P Fee $"m.~':7..........".......;t~~'~ty. 4.