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HomeMy WebLinkAbout57- Canfield, Easement - .... . . " 'l,i 1i"/"i '11\", l r-,(J I III", j '..) " EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR WATERPIPE LINE THIS AGREEMENT, Made and entered into this 2nd day of AUl7,ust , A. D. 1967, by and between VIVIAN CANFIELD of Bozeman, Montane., party of the first part, hereinafter called the Grantor. and THE CITY OF BOZEMAN, a munioipal corporation of the State of Montana, in Gallatin County, the party of the seoond part, hereinafter oalled the Grantee. WIT N E SSE T H I WHEREAS, The Grantor is the legal record title owner of portions of tile NWt of Seotion 12, T 2 S, R 6 E, MFM; and WHEREAS, the Grantee. in the exerc lse of its power and authority as a municipali ty of the State of Montana, proposes to construct and install a 14 inch water main around the western s ide of the City of Bozeman as an addition to its municipal water distribution system within the said City of Bozeman, a portion of which proposed water main would run acrosS the Grantor's land; and WEEREAS, the Grantee desires to acquire from the Grantor, and the Grantor is willing to grant to the Grantee an easement and right-of-way across the above described property of the Grantor. and her heirs, executors, adminis- trators, suocessors and assigns, for the purpose of installing. operating, using, repairing, replacing, maintaining and removing said waterpipe line, and for such other rights of access and incidental rights as are hereinafter described. all as hereinafter more particularly provided. NOW, 'lHEREFORE, in consideration of the sum of $----50.00, in hand paiel 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 Grantor has granted, bargained, sold, oonveyed, and confirmed. and by these presents does hereby grant, bargain. sell, convey, and oonfirm unto the said Grantee and its successors and assigns the following rights and privileges forever: 1. A perpetual easement and right-of-way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a waterpipe -1- .:K 1'7 ~!i(;t4-o() line and appurtenances thereto upon and aCrOSS the above described proper~ of the Grantor___, said easement and right-of.way to consist of a strip of land thirty (SO) feet in width lying and being fifteen (15) feet on each side of the followin~ described center linea Beginning at a ppint in the NWt, Seotion 12, T 2 S. R 6 E, MPM, said point being 25 feet east and 30 feet north of the SW corner sEt NW:t of said Section 12, thence in a north- erly direction 25 feet east of anel parallel to the west line of the SEi. Nwt. to a point 20 teet south of the north line of said sEt NWt, a distanoe of 1271.4 feet more or less; thence in an easterly direction 20 feet south of and parallel to the north line of the sEt. NWt, a distance of 144.0 feet more or less to the north. south line common to the Canfield Tract and the Bozeman High School Tract. Excluding that 110 feet lying wi thin the right-of-way of U.S. Highway No. 191. a total distanoe of 1306.4 feet, or 79.12 rods, or 0.26 miles. 2. The perpetual right of ingress and egress to and from said tract at land at all reasonable times for the pUrpose of installing, operating, using, repairing, replacing and maintaining said waterpipe line and appurtenances thereto and for the removing of s~e 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 appurtenanoes and privileges unto the said Grantee and to its suocessors and assigns forever. The Grantee hereby covenants and agrees with the Grantor as follo~1 - 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said waterpipe line it will replace. at its sole expense, all existing fenoes, ditches and other appurtenances ot said land that may be disturbed by its operation in a condition equal to the condition thereof existing before said operations were begun, Or as near thereto as ahall be reasonably possible. 2. That, during operations involving excavation, it will remove the topsoil from the trench area to a depth of one foot, or to the full depth of the top- soil, whichever is less, end stockpile said topsoil away from the remainder of the excavated material; and in backfilling, this topsoil will be replaced al 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 backfilling is oompleted, and will leave the finished Surface in substantially the same condition that existed prior to the beginning of operations, exoept that the surface of back- filled areas may be mounded sufficiently to prevent the formation of depres- sions after final settlement has taken place. 3. To install said waterpipe line at such a reasonable depth below the sur- faoe of the earth as will permit normal oultivation of the ground. 4. To operate, use and maintain said waterpipe line in such manner a. w1l1 not hinder or prevent the proper cultivation of the tract through *ich _11 right-of-way is hereby granted. 6. That upon oompletion of construction and installation of said waterpipe line the Grantee will pay to the Grantor , in addition to the above speci- fied money consideration for this easement; the sum of Six Dollars ($6.00) per lineal rod measured on the centerline of the right-of-way for damages to the premises by virtue of the Grantee's entry thereon; and in the event that the Grantee enters said premises where crops are growing prior to September 15, 1967, the Grantor shall be paid in addition to said Six Dollars ($6.00) per rod, One Hundred Dollars ($100.00) per aore for crop damage to grain crops. One Hundred Dollars ($100.00) per acre for damages to irrigated pasture land and Fifty Dollars ($60.00) per acre for crop damage to hay lands. The pay- ments herein specified for damage to premises and crops shall be and constitute tull payment to the Grantor for any such damage caused to the Grantor's lands and current orops, as-aD 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.ent8r the Grantor's premises for the purpose of repairing, replaoing, maintaining - -2- ~:)[1K JI -) .. "'1 _L I iilE[' 'i: t) . or removing said waterpipe line, the Grantee will reimburse the Grantor for any aotual damage done to the Grantor~ premise. or crops. - The Grantor hereby oovenant s and agree s with the Grantee as followlI - -- 1. That at no time will ahe build, construct, ereot or mainta11'1 any per.manent structure over or above the said waterpipe line unless such struc- ture is built, constructed and maintained in suoh a manner that it would not interfere with the operation, use, repair, maintenance, 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 Grantor or her succe.- Bors and assigns. --- 3. That she ia lawfully seized of said premises; that she has good right and lawful authority to sell the same and that she and her heirs, exeoutors, administrators, SUccessors and assigns, shall warrant and defend the title to said premises unto said Grantee. and its suooessors and assigns forever, against the lawful claim and demand of all persons who~ soever. It 1s understood and agreed by and between the parties hereto that this Acree- ment shall be binding upon the heirs, executors, administrators, successors and assigns of the Grantor___ and upon the successors and assigns of the Grantee. m WITNESS WHEREOF, the Grantor has hereunto set her hand and seal $nd the Grantee, The City of-aQzeman, has hereunto set its han~y it. Mayor-&nd its Clerk of the City Commission, each thereunto duly authorized, and has oaused its oorporate seal to be affixed. all on this 2nd day of Au G:U:'I t , 1961. \ f~~ .-, , ., , "' . .. t:,.. THE CITY OF' BOZEMAN ~~~'M.,1C.s~I.1;;I' ~ \J AttEST: ~// ,,/ ,c/o "'-..c- .,- -"L.)G. ~AN,-d---~-~- Clerk of the City Commission APPROVED; ~ ~~ ~'-, R. 0 City Attorney STATE OF MONTAJ\TA } I se ) County of Gallatin On this 2nd day of Augus t Publio for the State of Mon tana Vivian Canfield known to me to be the person dercribed. in and who signed the foregoing instrument as Grantor andaclmowledged to me that ahe had executed freely and voluntarily, tor the uses and purposes therein expressed. , 1951, before $e. the undersigned a Notary , personally appeared the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed m:I Notarial ..3- ...fl. ~ . ~ II .. ~ . w'" : ' i," (.~ t \ " 60 "". .~ 8:!UX 17 PAfiE4B2 Seal on the day and year in this Certifioate first above written. ,-:~,''-::\' IA- ',t .~..: ",", ~~ ,., ., ". .. -, U/"'l 'L' ,', \': ,: _l ''''. ~-i 't ,"'",. . ........ ""4 STATE OF MONTANA ) t ss County of Gallatin ) On this 14 th day of AUiL:U3 t . 1957, betoreme. the undersigned, a Notary Publio for the State of Montana. personally appeared Arnold M. Swanson and L. G. Shadoan, known to me to be the Mayor and Clerk of the Cit,y Commission respeotively. of the City of Bozeman, whose name is subscribed to the within instrument and aoknowledged to me that they executed the same for end on behalf of said City. IN WITNESS 'WHEREOF. I have hereunto Get my hand and affixed my Notarial Seal on the day and year 1n this Certif 10ate first above Written. ~.. .'IP ,1 <(J :"""., .. Notary u 10 Residing at My Commission exp1res '--.,. " "..,1' ., I> ~ t..... ,.',', , r:~ t '\. \".. ."~ ~ l"J l...... ,- .,...... .:<'" "'""1- ~J- ,f''''r ! ,./'Iw....~ t"',;,tItJlI.. ".,." " :,.. ;". :tf-)~~~3 \"""", --~! j" '<J, _.t.!~~:::;~."I<~,.!~:_""""""",,,, ('l"';:;--,} 'lVI'I{I"i' ' ~"<~'~.~-.---':.~_ ~~_::,~"~,,,,,,,""~,,,,",,,J Slide ()f~\lo;l.!.., County of CL,lLdin. 10,5, Filed, for l'N10l'fL7 - "AugU$t:___l5j~lL________""",________,__' H:;:;7 ~)t, 9,13 ~ ,",.,_________A M" I',n(} r:~c:onlC'd 1il. Eon:: 10,;"", nt--ltlJ..sc.ellancG-Q-lJ-S- F2~~,;-j:,5-9--::-~:: /~: < -~}~p"," ",)" 111 'm "':m_"::~ --"-~~"-"',:%~:=":f:::-~-".(CL:~,~,,_-'J~pl~W: Earl Wa 1 t on..______~___._______Ueeordel'. Rt: City of Bozeman -4...