Loading...
HomeMy WebLinkAbout84- Nash Easement t ...... ] . ... fILM 82 PAGE 2705 EASEMENT AND RIGHT OF WAY AGREEMENT FOR WATER OVERFLOW DRAIN PIPE THIS AGREEMENT, made and entered into this 27th day of Februarv 1984, by and between JOHN F. NASH and PATRICIA H. NASH, a married couple of 8522 Nash Road, Bozeman, Montana 59715, parties of the fi rst part, hereinafter called the IIGrantorsll, and the CITY OF BOZEMAN, a municipal corporation of the State of Montana, of 411 East Main, Bozeman, Montana 59771-0640, the party of the second part, hereinafter called the IIGranteell. WIT N E S S T H: WH ER EAS, the Grantors are the legal record title owners of Tract 2, Certificate of Survey No. 392, as filed and of record in the office of the Clerk and Recorder, Gallatin County, Montana; a portion of the Southeast Quarter (SE'i), Section 6, Township 3 South, Range 6 East, M.P.M.; WHEREAS, the Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a water overflow drain pipe and necessary appurtenances to serve various properties located within the whole portion to the City of bozeman and the overflow drain pipe would run across the Grantorsl land; and WHEREAS, the Grantee desires to acquire from the Gt'antors, and the Grantors are willing to grant to the Grantee an easement and right of way across the above described property of the Grntors, and their heirs, executors, administrators, successors, and assigns for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said water overflow drain pipe and appurtenances and for such other rights of access and incidental NOW, TH ER EFOR E, in consideration of the sum of Six Thousand Dollars rights as are hereinafter described, all as hereinafter more particularly provided. ($6,000) and other considerations 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 Grantors have granted, bargained, sold, conveyed, and confi rmed and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following ri.ghts and privileges forever: f' l' ... fiLM 82PAGE2706 1. A temporary easement and right of way for the purpose of installing and constructing a water overflow drain pipe thereto upon and across the above-described property of the Grantors, said easement and right of way to consist of a strip of land sixty (60) feet in width, being more particularly described as follows: Beginning at the S 1/16 corner of the SE 1/4, Section 6, Township 3 South, Range 6 East; thence North along the north-south 1/16 line, a distance of 113.44 feet to the true point of beginning; thence North 86037'08" west, along the center line of the easement, a distance of 260.00 feet to the end of the easement. The sixty (60) foot easement shall be centered on the above- described center line. 2. A continuing easement for the purpose of using, repairing, replacing, maintaining and removing a water overflow drain pipe thereto upon and across the above-described property of the Grantors, said easement and right of way to consist of a strip of land twenty (20) feet in width, being more particularly described as follows: Beginning at the S 1/16 corner of the SE 1/4, Section 6, Township 3 South, Range 6 East; thence North along the north-south 1/16 line, a distance of 113.44 feet to the true point of beginning; thence North 86037' 08" west, along the center line of the easement, a distance of 260.00 feet to the end of the easement. The twenty (20) foot easement shall be centered on the above- described center line. 3. The right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, USing, repairing, replacing and maintaining said water overflow drain pipe and for the removing of same if and when required by the Grantors, their heirs, successors and assigns, and 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, subject to the following terms and conditions: The Grantee hereby covenants and agrees with the Grantors as follows: 1. That it will bury the water overflow drain pipe to a depth that will allow for the cultivation of agricultural crops in the manner that is customary to Gallatin County, Montana. 2. That, in connection with the installing, operating, USing, repairing, replacing, maintaining and removing of said water overflow drain pipe 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 2 FILM 82p4GE2707 --~-I'!; said operations were begun, or as near thereto as shall be reasonably possible. 3. 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 top soil whichever is less, and stockpile said top soil for replacement over the trench, and 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 remaining after backfilling is completed and will leave the finished surface in substantially the same condition that existed prior to the beginning of operations except that the surface of backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 4. To operate, use and maintain said water overflow drain pipe 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. In the event that it should become necessary for the Grantee to reenter the Grantorsl premises for the purpose of repairing, replacing, maintaining or removing said utility lines, the Grantee will reimburse the Grantors for any actual damage done to the Grantors' premises or crops. 6. The Grantee shall install a gate in the east fence of Grantors' property, over the easement for its own access. 7. The easement shall be presumed to be abandoned if the Grantee does not discharge water in amounts larger than 25 miner's inches of flow for a period of 36 consecutive calendar months. Upon abandonment the easement shall cease to exist. Upon abandonment the Grantee shall, at the request of the Grantor, remove the water overfow drain pipe and appurtenances thereto and restore the land area thus disturbed to substantially the same condition that existed prior to the removal operation. 8. The excavated trench area required for installation of the pipe across the property will be seeded to the Grantorsl satisfaction when practicable in 1984. 9. The installation of the water overflow drain pipe and its appurtenances shall be in such a manner as to prevent erosion to the property of the Grantors' at the point where the pipe discharges water into Sourdough Creek. The Grantors hereby covenant and ag ree with the Grantee as follows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said water overflow drain pipe unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, 3 , " t . J _ FILM 82PAGE2709 " 1,1 N WI TN ESS WH ER EOF, I have hereunto set my hand and official seal the <\:~~,~,,~t ,year in this instrument first above W7Zq' ~rJMtQ Notary Public for State of Montana R "d" "-,"""iZ1. f '(i. r_( , !d- eSI lng at. /I~l VI I 10 I '~.ur\l;t--v) My Commission Expires: ?"lle1Lf J}J /16 f.( . ... 'f .,-~ \'1 "'. 3~~t'f. t' ,,; ". . ..,. . ~ rI..... . ..' -:j';. :...~~../;. <STATE OF MONTANA ) ) ss. COUNTY OF GALLATIN On this 27th day of Februarv , 1984, before me, the undersigned officer, personally appeared Kenneth L. Weaver and Robin L. Sullivan , known to me to be the persons described in and who executed the foregoing instrument as Mayor and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknoledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the da~'~~'~'2:'~;;:',: this instrument first above 2: :dN c, 1/ ~ ',<0;..........:.:.>,".... Notary Public for State of Montana {'''s'' ~~~.~\ vTARI4!.'\.:(;,; Residing at: Bozeman, Montana J:;,;r-\" My Commission Expires: April 30, 1985 :, :" t,-tAT "', . ~..6 ,..... I j . ,"'-A J . .' . tF!r.,. ...,.~, .... . ,I..;; Ii-, .... ,'~ .. 1'''',': _,,)'-/':-..,..............'" \...~.' ':~ ",.,10: OF'M~'~..\J i'l \\\" '"'/111\111\11 122539 INOfxe PlAn! State of Montana County of Gallatin } 55. Filed April 6 at 2 : 30 Recorded in book MISCELI.ANEOUS ~ W. . 19 8L~ P'M., arrd C!L '., :ePaie 2 f6s 9'~- ~' count~ ~r~,' ReReccl.rder By /'-----~ 0\ a~ . Deputy---- Fee $ 0- Rt: City of Bozeman 5 .