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HomeMy WebLinkAbout57- Bruce, Clarence & Lucille Easement ;.... .r ~jrlif~ . ~;< ,', r:. '7~ A ~:/ PI.I(.I,)' '4- WEJaENt AND RIGHT-OF-WAY AGREEMENT FOR WATERPIPE LmE THIS AGREEMENT, Made and entered into this 14th clay ot October, A. D. 1957. by and between .'jL/~1(~:;-:"~i~ .::... ,,~f..~..~~'~.s ;~~lc3 T_,~~.,~~,T,.T:' l_t. I..~.f _,..P ~:.':':.i zn rnf-'i n, :"f' 0 ''1. t G,n ['1_ , ~ "1..1 S 1, ,';.;, "~j i.=", EtYl '~: \~; 1 f ~ . , rl' -r .J '.' .i Cl ~ tc .~[ :': t:, parti~ of the first part, hereinafter called the Grantor~, ancl 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." arE' the legal record title owner ~ of portions of the ~,,-l f..... .1' 10 '1' n ..:.;.t,i.o 0eC';l.On _ '"', c:., S, ,il :3 E J L: F ~v; ; and ~~, the Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to oonstruct and install a Southwest of the City of Bozeman in a Northeasterly direction and Northerly waterpipe line tor municipal water supply from the mouth of Hyalite Canyon direction to the said City of Bozeman, a portion of which proposed waterpipe line would run across the Grantor~' land; and WHEREAS. the Grantee desires to acquire from the Grantor~, and the Grentor~ are willing to grant to the Grantee e.n easement and right-of-way aoross the above described property of the Gran to r.:L' andtl:cLr heirs, txecutors, administrators, successors and assigns, for the purpose of install- 1ng, operating, using, re~airing, replaoing, maintaining a~d removing said waterpipe li1\e, and for such other rights of access and inoidental rights 88 are hereinafter described, all as hereinafter more p8rticularly provided. NOW, THEREFORE, in consideration of the sum of $----50 .en, 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 blve granted, bargained, sold, conveyed, and confirmed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its suocessors and assigns the following rights and privileges forever; 1. A perpetual easement and right-or-way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a waterpipe -1- .. '1 '--) . h -;:- )"'1,( .. I IW;f,) 1.1 line and appurtenaaoes thereto upon and aoross the above described property of the GrantorJL-' said easement and right-of-way to consist of a strip of land thirt,y (30) feet in width lying and being fifteen (15) feet on each side of the following described center line: Beginning at a point on the North Line of Lot Twelve (12) of Bulen's Subdivision of Gallatin County, Montana, lying in the South- east Quarter (sEl) of Section Nineteen (19), T 2 S, R-6 E, MPM, a distance of 669.1 feet, more or less, from the Northeast Corner of said Lot Twelve (12); thence Southeasteffly a distance of 119 feet, more or less, to a point on the South Line of said Lot Twelve (12), which point 1s 636.9 feet, more or less, from the Southeast Corner of said Lot Twelve (12). 2. The perpetual ri~ht of ili&reSS and egreu to aad from sdd tract ot land at all reasonable times for the purpose of installing, operating, using, repair- ing, replacing and maintainin& said waterpipe line and appurtenances thereto and tor the removing of same if and when desired by the Grantee. its sucoessors 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 sucoessors and assigns forever. The Grantee hereby covenants and agrees with the Grantor~ as follows: 1. That, in oonnection with the installing, operating, using, repairin&, replacing, maintaining and removing of said waterpipe line it will replace, at its sole expense~ all existing fe~r:ces, ditches and other appurtenances of said land that may be disturbed by its operation in a oondition 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, end stockpile said topsoil away from the remainder of the excavated material; and in backfilling, this topsoil will 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 remaining after backfill- ing is completed, and will leave the finished surfaoe in substantially the same oondition that existed prior to the beginning of operations, except that the surfaoe of backfilled areas may be mounded sufficiently to prevent the fonnation ot depressions after final settlement has taken place. 3. To install said waterpipe line at such a reasonable depth below ~he surface of the earth as will permit normal cultivation of the ground. 4. To operate, use and maintain said waterpipe line 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 upon oompletion of construotion and installation of said waterpipe line the Grantee will pay to the Grantors , in addition to the above speci- fied money oonsideration for this easement; the sum of One Dollar and Fif~ Cents ($1.50) per lineal foot for the first one hundred (100) feet, One Dollar ($l.OO) per lineal foot for the second one hundred (100) feet, and Seventy-five Cents ($0.75) per lineal foot for the balance of the footage orossing the property of the Grantors as measured on the centerline of the right-of-way, 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-a- for any suoh damage caused to the Grantor~ premises and ourrent crops, as an incident to the initial construotion and installation of the waterpipe line. 6. In the event that it should become necessary for the Grantee to re-enter the Grantor~ premises for the purpose of repairing, replacing, maintaining -2- Or. 0/ ;~~:~~K '1/ I1t1GF57r.) -, .. or removing said waterpipe line, the Grantee will reimburse the Grantor s for any actual damage done to the Grantor s I premises or crops. - The Grantors hereby covenant and agree with the Grantee as follows; - -- 1. That at no time will the~ build. construct, ereot or _intain any per.manent structure over or a ove the said waterpipe line unless such struc- ture 1s built, constructed and maintained in suoh a manner that it would not interfere with the operation, use, repair, maintenanoe, replacement and removal of said waterpipe line. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantors or thei r lucces- aora and assigns. --- 3. That they are lawfully aeized of said premises; that they have good right and lawful authority to sell the same and that the~ and their heirs, exeoutors, administrators, successors and assigns, shal warrant 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 who~ soever. It is understood and agreed by and between the parties hereto that this Agree- ment shall be binding upon the heirs, exeoutors, administrators, suooessors and assigns of the Grantor~ and upon the successors and assigns of the Grantee. IN WITNESS WHEREOF, the Grantor s have hereunto set their hand sand seal s and the Grantee, '!he City of BOzeman, has hereunto set i ts han~by it, Mayor-ind its Clerk of the City Commission, each thereunto duly authorized, and has caused its corporate seal to be affixed, all on this 14th day of Ootober , 1957. G...... --:..-_.-.~-->...",?~/ . . _-.-.. .... /'.---:? , . f/ ,~---< -<--'- --'c /,' /-. ;tt'~,--",,-.....e...,--^-"'::;' ...-".. c-- ,-'- . :-~~~~ (/~g~e-e_, '----..- .; '" .. ,. .. ..~ l>....._,."., 1- 'f1",v ~J".i!l . 4't 'fIl , ' " ..",.<.11 . i r,.,: , tJ.: ,.J,. . .'. " ee,.,' . - 1\," . .. '" . ... ,." . , ~ ' III............,......." " " . .- :' ' r .. ~ ' '.j. i ArrEST: .~~~~-7c/ L. G. , Clerk of the City Commission THE CITY OF BOZEMAN. 0 By ~~ -::::/:7t.';.4h(.-~C . s ,ayor APPROVED: bil~ (~~ -4---- City Attorney County of Gallatin ) : sa ) STATE OF MONTANA On this 14 th day of Ootober ,1957, before me, the undersigned a Notary Publio for the State of Montana , pe:rsonally appeared CLARENCE A. BRUCE and LUCILLE L. BRUCE known to me to be the pet'Soll..!- deecribed in a:r.d who signe'l the foregoing instrument ae Grantor.,L and acknowledged to me that they hod executed the same freely and voluntarily, for the uses e.nd purposes therejn expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial -3- .. , .. ',iI . ,''> ",'; ;{ .. ~..' r -'I ( J I r.: -"7 1'111~f~ ,J ( I Seal on the day and year in this Certifioate first above written. ~' '.,: ~ t . l~~ ,.</ '. .'r. , . -/ \ -. :rr~ 1; ,', Y. j..-: ~ .. ..' ."'. L" '._' :.; \ ,,.I .~... ......r... 1'_"" ". . STATE OF MONTANA ) l as County of Gallatin ) On this 16th day of October . 1957, before me, the undersigned, a Notary Publio for the State of Montana. personally appeared Arnold M. Swanson and L. G. Shadoan, known to me to be the Mayor and Clerk of the City Commission respectively. of the City of Bozeman, whose name is subsoribed to the within instrument and aoknowledged to me that they exeouted the same for end on behalf of said City. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Notarial Seal on the day and ;year in this Certifioate first above written. t. "'I .., " "' , . ~~f"",l.<'}'" ,t{:.4iXI:Jr)" '~-."...". ..' .:::,:_:;_,;'-,' ~L~~,__.~~ -':.,A.I"['T}iJl~ __ ., .~~,~......~.c ___" ...................,..... s'rA. TE.':'.. OF'. MONT. AN A, tss, COUN"ry)?!' GALLATIN., Ii'l . d (j;/~ / 1_________,..-., J~.(i 0.__..___ 'j ~ AL",___ 2' : t? 11 ____I.---- .-'-- ]\1.. mid nec/;f: -'~. k.. ..-.---.......--~_..i-~-;g~-J~.-'~_ _~ . mm__.~ C-ouiltynC!erl~ and .H.eco!'tiE'L By -~~.__._'=====.._"._''''. lI'ee $.._..;:::::::~:.:.:.-;:--.... --":.J<:{Juty, -4-