HomeMy WebLinkAbout028 Sewer Easement 1076
T 11, A"
11th dp-,- nf J11ne
9 --n,! hetween H'eler %
ints-rest) ar..d Marcia 4,1. 'FdE-11 int Pre ft) f t1-..n r?_ rni r t,
hereinafter ^alled the 13r?ntors, ard TE CITY CT EtZE�,'MT, P_ M-U7ACip-11
corr.'-r'tior of the S"Intr- cf -in G-111atin Col;nty, th.'e. p.rt.- 'of
the second rare, Yereir, "ter c_'led the Grantee.
1 T E 3 Z E, T
`t41ERE.kS, The Gr�ntorF are the le11 record title o-irners of portions
of the 'Nerthenst C_narter ( E'11) and Sctitl..east QuL�.rter cl' !•ecticn
Thirty-si;c (36) T13, -165-E, 1'.P.L. end
MHEREM, the 'Grf:ntee, in til-e erercise of its po-.,er =Tid Puthority
Ps a municipality of the State of N.ontans, propos
es to const.-act =nd
insLel1 a sanit-iry sewer trunk line tc collect =rd tr-anErort sewage end
doRiestic fn.stes from various areas within the City of Boze,-,.-In to the new
sewage disposal pl=nt site lo,,R-ted in the 3EI, AX! and SW I, secticil
26, VS, R5E, M.P.TV. would run across the Grantor land; and
;:MoF_EAS, the Grantee desires to n.cquire fror the Grantor§ and the
Grantors are willing to grant to the Grantee an easement =nd right-of-wn-71T
across the above described property of the Grantors, and their heirs,
executors, acbriii-iistrators, successors and assigns, for the purpose of
installing, operating, using, rern-iriin,v, replacing, maintaining, and
removing said, sanitary sewer pipeline and for such other rights of
access and incident-1 rights as are hereinafter described, all as herein-
after more r..rticullcrly provided.
NO`Vi, TI-ERREFODRE, in consider-ntion of the sum of 650-00 in hand paid
by the City of Bozeman, the receipt whereof is hereby acIlmowledged, and
in further consideration of the covenants and agreements between the pfrt-
ies hereto, the Grantors have granted, bargained, sold, conveyed, and
confirmed, and by- these presents do hereby grant, bargain, sell, convey,
and confirm unto the said Grantee and its successors and assigns the follow-
ing rights and privileges forever:
1- A perpetual easement and right-of-way for the purpose of install-
ing, operating using, repairing, replacing, m In
,maintaining and removing a
sanitary serer pipel-Lr.e and appurtenances thereto upon and across the
above described property of the Grantors lying within the East half (EIF)
of the Northeast Quarter (NE14) and the Southeast Quarter (SE,;) of
Section Thirty-six (3611, T13, R5E, of the M.P.M., and more particularl-,Y
described as a thirty (30) feet wide strip adjacent to and parallel to
the Northeasterly right-of-way line of U.S. No. 10 Highway.
M
+ �+ 073
P. 'inninp nt tl Fe ncin. of intersection of the ::Qrthea5i:er'_y �-
cf-w�r line of the '-koriherr. F-cific Ftailw�y and the northerst.erlJ rig}.t-
of-w-y 14-re of ;;.S. "o. 10 it centerline St=ticn 52 + 76; thence ;:art:-
westerly elcn,- a_ sever hundred thirty six ar.c` seven. tenths 01; .7) feet
r,.dius c':rve tc the a is three hurdrad and forty-five "'1415'
left, d_...t•_r:��e r,: y .�,
feet more or less to a. point or. the ,rest line of the east hnif (E-) of
the N-.^rtheast Herter (:i� ) of sPid 2,ectiorl Thirty—siX; trerice, North
alor.^ the west line of the east hrlf of the Mcrtheast (u--.rter of s-id
c--cti y.n Thirty-six to a point one hundred thirty (13 )) f,?et northeasterly
And at right -ngies from. certerlk.ne Station 56 + 15 of Highway U.S. 10;
thence sou_treasLerly° alor.r a sever. "undred sixty six nrd seven tenths
(766.7) feet radius curve to the right a dist?.nce of Pppro-dm tely four
hundred and thirty four (434) feet to the Northeasterly right-of-way
line of the Northern o=.cifis Hcil-or ; thence NorthwTsterly along the
right-of-way line of the Northern Pacific Railway- to the said point of
beginning and contp_ining approximately 11,685 scu-.re feet with nn approx-
ir pte total length of Ct iii.C.fire of 39-9.5 feet as sho:-m on the att,.ched
exhibit.
2. The perpetual right of ingress and egress to and from said
trr_ct of 1 nd at 711 reasonable times for the purpose of installing,
operating, using, repairing, replacing and maintaining said s-anitary
sewer pipeli.r:e 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 .Pith the Grantors as
follows:
1. That, in connection with the installing, operating, using,
repairing, replacing, maintaining . nd removing of said sanitary
sewer pipeline it will replace, at its sole expense, all exist-
ing fences, ditches and other appurtenances of said land that
ma-r be disturbed by its onsrnt=on on a condition eoual to the
P.(lrldl tl An thereof P_.Yl St.l rig be-fore said operation-
or C ;.rprp rtpcnin.
as near thereto as shall be reasonably possible.
2. That, during operations involving excavation, it will remove
the topsoil from the trench area tc a depth of one foot, or
to the full depth f the topsoil, whichever is less, and stock-
pile said top
soil. y from the site any large rocks or surplus
t=avated material or any kind of debris that my have been
exposed by the excavation and remaining after backfilling is
completed, and will leave the finished surface in substantially
the sane condition that existed prior to the beginning of oper-
ations except that the surface of backfilled areas may be mounded
sufficiently to prevent the formation of depressions after final
settlement has taken place.
3. To installs said sanitary sewer pipeline at such a reasonable
depth below the surface of the earth as will permit normal
cultivation of the ground.
-2-
---- -- Mild WON WAR liiuilr■■iYuiilN Mel ANI NIVl 111119liiI,
4. To oper=te, use and mri.nt• in s-id sanitary Newer nicelinP
to fueth r,ri :e:' s wUl not hinda_r or prei/ent the rro;:er cult:
nation of the trout t :rou;:h ,r,'.ich tFis right-of-wr;-r is hPrc-:h_
i,ranted.
j. That uron =--rletion of i--^nstruction ^nd inrt-I!Rticr of
said sRnitrar seder pipeline tire, ?rnrtee will r."v tc the :-ranrc.rf
in addition to the above epecified mc•nev ccneider tion fcr th15
m. t, the ur, of one dollar =and. fift cents ( 1.,0) per ease..:pn s • . � � �; 4 � � r
lineal foot for the firs:: one hundred (100 j feet and cne dollar
(' .GO) per lineal foot fcr the balance of the fcotaie crossin. .
Uiie i.i 2'C Y'=rtj of 'he wwrc ntor of measured on the centerline of
the right-of-wnyr, for dam.--ve to the premises nd crops cy virtue
of t_�e arantee's entr`. thereon. The payment herein specified
for d-piaees and cro-s shall constitute full pnypnent to the
grFntor for any such damage caused to the -r-nntorts premises
and current crops, as an incident to the initial construction
and inst=il-tion of the sanitary sewer ripe line and e._r-rurte.'iances.
6. In the event that it should become necess-r; for the Grartee
to reenter the Orentcrst prerrses for the purpose of repairing,
replacing, ri-aintaining or rer:.oving s=ritary sexier ri.paline,
the Grantee will reimburse the Grantors for any actual d.aaa=ge
done to the Grantorev premises or crops.
Tile Grnntucrs hereby covern.nt and agree is^_th the Grantee: as f c1l-owrS:
1. That at no time A-11 ;.hey build, construct, ere:;t or rnain-
t-.in any peTn,anent structure over or above the eaid s-nitery
sewer pipeline unless such structure is built, constructed e.nd
i_,?111tained in such R manner that :it would not ii terfere with
the operation, use, repair, mcd-ntena.nce, replacement and removal
of said sanitary server pipeline.
2. That the Grantee ,ray reacably hold and enjoy° the rights
-,d privileges herein -rsnted without P.ny interruption ty •the
Grantors or their successors and essigr-s.
3. That the; have been lawfully seized of said rrerises; that
they have good right and lawful authority to sell the some and
that they and their heirs, executors, administrators, successors
and assigns, shall warrant and defend the title to said premises
unto said Gr-ntee, a-nd its s.acce.ssors ar_d assi=ems forever,
against the la-Kful clr:i.T, and dea:a.nd of all persons whomsoever.
It is understood and agreed by and between the rarties hereto t}i_t
this Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Grantors and upon the successors and
assigns of the Grantee.
IN WITNESS ,-HER F, the Grantors heave hereunto set their hands
and the Grantee, The City of Bozeman, h^s 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 5 th day of June , 1969
-3-'
- )t
1
AW
of
Y
R. 111arry ow-, Mpyor
Cle rif, S 1011
APPRO'rED:
E. Berd, City AtIo nk��Ir
r
STATE OF hMONTANA
) Ss
COUNTY OF GALLATIN
On this 'rm _y of 10 6 before me, the lander-
signed a Notai-y Public for tqe state of Vontpun--,, personnIly �.ppeared
Helen K. Manley, David H. Mantley and 11-larci2 H. !Edsali k-now-r. -,o Pie to be
the persons described in axid who 5immed the foregoing instruament as
Grantors and acknowledged to me that they had executed the same freely
arid voluntarily, for the uses and purposes therein expressed.
144. WITNESS liflEREOF, I hp ve hereunto set ---- h=-nd and affixed my
Lie.=-L Cn t I le day :t nd year in this Certificate firs above trritten.
i
.. ........ 14.4
RI
77 r--a-.%;-3
•
c'foz,"the State of 'Kontrna
re '-"
SEt, C Nota Pub
Residing =.t Bozeman, I:on Ma
li
.mission al—crires My Com -nt C F
STATE MONTARA
ss
COUNTY OF GALLATIN
-On this —// day of before me, the under-
signed a Notary Public for t State v r Montana, personally appeared
R. H-.rry korrow and Erna V. Harding, known to rite to be the r:ayor and
Clerk of the City Commission respectively, of the City of Bozeman, 'whose
names are subscribed to the within instrument and acknowledged to me
executed the same for and on behalf of said City.
#Z0 'WHERd)F, I have hereunto set m hand and affixed my
1 s !i on the day and year in th Certifiept8 f' t b-ove written.
Notifry Public' far- the State of Fontanp-
Residing at Bozeman, Lon p�. na
Commission Expires
�-�_=<---<•- ._._,___�� ._ _.___ _ :Ii��ritlilBrl�r�rrrorlrir•ri�rn■�r�rrrriwiw�iurrrrruur�
e pp
10821
ADDENDUM
1) It is further understood and agreed that the Grantee will allow
the Graators, their heirs, executors, administrators, suc_essors and
assigns to connect to said sanitary sewer pipeline, at no additional
cost other than the normal connection charge, conditional only upon the
property to be served being within the corporate limits of the City of
Bozeman at the time cf connection.
2) The Grantee further agrees to ingress and egress along the ease-
ment proper
3. The Grantee further agrees to evenly replace the entire amount
of topsoil that is removed from the trench area.
Helen M �,4an ev
1110,&I,L
David H.`Mz le
Marcj' Edsall
CITY OF BOZEMAN
` R. Harry M row, Mayor
40 AT?)~5T�'
Erna V.,
Clerk of:'tEr_: 3tyCommission
INDEXED L
PLATTED
State of Montt County of Gallatin. as Flied for record June 17 , 1969
at 11'30 A. M.-arid recorded in Hook 4 0€ MISCELLANEOUS^paEe__j0J8
CARL L. STUCKY Recorder. l3y t% Ll-. ��'cel' Deputy
Will Call
PLAT IN FILE AS 4-107$-A
3 june 1969