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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