HomeMy WebLinkAbout57- Bruce, Clarence & Lucille Easement
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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
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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
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~~, 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
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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
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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.
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The Grantors hereby covenant and agree with the Grantee as follows;
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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...... --:..-_.-.~-->...",?~/ . . _-.-.. .... /'.---:?
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ArrEST:
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L. G. ,
Clerk of the City Commission
THE CITY OF BOZEMAN. 0
By ~~ -::::/:7t.';.4h(.-~C
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APPROVED:
bil~ (~~ -4----
City Attorney
County of Gallatin
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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
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Seal on the day and year in this Certifioate first above written.
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STATE OF MONTANA )
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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.
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s'rA. TE.':'.. OF'. MONT. AN A, tss,
COUN"ry)?!' GALLATIN.,
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