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HomeMy WebLinkAbout57- Clark, Emery & Helen Easement , . . . . . '-J "4'7 CDUK 1 ( PAGE Lt: ' EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR WAT"3RPIPE LINE THIS AGREEMENT, Made and entered into this 30th day ot Jul:r , A. D. 1957, by and between Z.,'f"!.:~l~~{ ~:., Gy':I\:),1,r n '~.(: T':~-8r:~'~;' 1\11 i.\i~ ,~~ :.~~.'~~'.;-. of C) zern2.t: J ,""'. ~:'-l ts r:,~:,., ~"',t.~l S l1 n rJ.cJ. 3.Jl,C \\" "L ,f € part~;of the first part, hereinafter called the Grantor~, and THE CITY OF BOZEMAN, a municipal oorporation of the State ot Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WITNESSETH; WHEREAS, The Grantor2., re the legal record title owner~ of portions of the ,3 e ::', f-;j orJ. 1.1. 2 , 'T..' ,..... '~ J ?, ,1",... ". ..ff _ ... __ ... h.J ~ J_J , ~\., ~~'/; ; and WHEREAS. the Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construot and install a waterpipe line for munioipal water supply from the mouth of Hyalite Canyon Southwest of the City of Bozeman in a Northeasterly direction and Northerly direction to the said City of Bozeman, a portion of which proposed waterplpe line would run across the Grantor:'] land; and - WHEREAS, the Grantee desires to acquire from the Grantor~. and the Grantor-lL aL'e willing to grant to the Grantee an easement and right-of...way across the above desoribed property of the Grentor~, and t}l':~ir heirs. executors, administrators, successors and assigns, for the purpose of install... ing, operating, using, re~airing, replacing, maintaining and removing said waterpipe line, and for such other rights of acoess and inoidental rights as are hereinafter desoribed, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $___1 '=:<-:.00, in hand paid by the City of Bozeman, the receipt whereof is h~reby acknowleaged. and in further consideration of the covenants and agreements between the parties hereto, the Grantor S 1!ave granted, bargained, sold, conveyed, and confirmed. and by these present8 do hereby grant, bargain. sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges foreverl 1. A perpetual easement and right...of-wey for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a waterpipe ..1- . . 8!}UK 1 '1 P,1GE 44 H line and .ppurtenancee thereto upon and across the above described propert,y of the Granto~, said easement and right.of-way to consist of a strip of l.nd thirty (SO) feet in width lying and being fifteen (16) feet on each side of the following desoribed oenter line. Beginning at a point, which point is south a1rmg the east line of' Section 12, T 3 S, R 5 E, MPM, a distance of 1052.2 feet from the northeast corner of said Section 12; trence S86035'W, a distance of 1119 feet; thence S65034fW, a distance of 940.8 feet; thence 3690 04'W, a distance of 2109.3 feet to the west line of the SEL NWt of said Section 12. A total distance of 4169.1 feet, or 252.67 rods, or 0.79 miles. 2. The perpetual right of ingress and egreas to and from said tract of 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 same if and when desired by the Grantee, its successors and aasigns; TO HAVE AND TO HOLD the above desoribed 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 follow.. 1. That, in oonnection with the installing, operating, using, repairing, replaoing, maintaining and removing of said waterplpe line it will replace, at its 801e expense, all existing fences, ditohes and other appurtenances ot 8aid 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 shall 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, and stookpile said topsoil away from the remainder at the excavated material; and in backfilling, this topsoil will be replaced as the top one...foot of the trench. It will remove tram the site any large rooks or surplus excavated materlal or any kind of debris that may have been exposed by the exoavation and remaining after baokfilling is completed, and will leave the finished surface in substantlally 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 ot the earth as will permit normal oultivation ot the ground. t. To operate, use and maintain said waterpipe line in suoh manner a. will not hinder or prevent the proper oul tivation of the tract through which thll right-of-way is hereby granted. 6. That upon oompletion of construotlon and installation of said waterpipe line the Grantee will pay to the Grantor s , in addition to the above speci- fied money consideration for this easement; the sum of Slx Dollars ($6.00) per lineal rod measured on the centerline of the right-at-way for damages to the premises by virtue of the Granteets entry thereon; and in the event that the Grantee enters sald premises where crops are growing prlor to September 16, 1967, the Grantor s shall be paid in addition to said Six Dollars ($6.00) per rod, One Hundred DOT1ars ($100.00) per aOre for crop damage to grain crops, One Hundred Dollars <$100.00) per acre tor damages to irrigated pasture land and Fifty Dollars ($60.00) per acre for orop damage to hay lands. The pay- ments herein speoified for damage to premises and crops shall be and oon8tltu~. tull payment to the Grantor s for any such damage caused to the Grantors' lands and current orops, aSM incident to the in1 tiel constnaction and - installation of the waterpipe line. 6. In the event that it should become necessary tor the Grantee to re-enter the Grantors' premises for the purpose of repair-leg, replaoing, maintainlnc - .2- <1'-), _~A(J _ _ I i"AGE L1 i-.t . . 01' removing slid waterplpe line, the Grantee will l'eimburse the Grantor S for any actual damage done to the Grantor..,al premises or Crops. - The Grantol' S hereby oovenant and agree_ with the Grantee as follows: - - 1. That at no time will they build, construct, erect or maintain any permanent structure over or aoove the said waterpipe line unless such struo- ture is built, constructed and maintained in such 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 S Or the ir succes- sors and assigns. - 3. That they are lawfully seized of said premises; that they have good right and lawfu1 authority to sell the same and that the~ andt.telr heirs, executors, administrators, successors and assigns, shal warrant and defend the title to said premises unto said Grantee. and its sucoessors and assigns forever, against the lawful olaim and demand of all persons who~ Boever. It 18 understood and agreed by and between the parties hereto that this Agree- ment shall be binding upon the heirs, executors, administrators, successors and assigns of the Grantor~ and upon the successors and assigns of the Grantee. IN WITNESS WHEREOF, the Grantor s have hereunto set the ir hand sand seal s and the Grantee, The City of&zeman. has hereunto set its han'd";-by it. Mayor-ind its Clerk of the City Commission, eaoh thereunto duly authorized, and has oaused its corporate lSeal to be affixed, all on this ~,Oth day of ,Tul :r . 1957. $:r4 ' (, {,4 ,t(/._~/ ,L e~ AttEST: . /::/ /<...,,::"'". ~ ' ~~_. /' / ......~,:/~~?~--~......--1/' ,- ,..-,.-" "'....:;;... ~' . G j, SHADOAN. Clerk of the City Commission THE CIT!__.9E: BOZEMAN (' ~ .", I . BY~rftc'~~ Ma~:~(C//(~IL APPOOVED: D~O~Uc~ /~- j) City Attorney STATE OF MONTANA ) . Sl!l County of Gallatin ) ..3- On this ~Oth day of July , 1957, before me, the undersigned a Notary Publio for e State of Mon tana . personally appeared EMERY L. CLARK and HELEN MAE CLARK known to me to be the person s described in and who signed the foregoing instrument as Grantor..JL and-acknowledged to me that they had executed the same freely and voluntarily, for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereunto eet my hand and atfixed my Notarial l" i' ciUUK 1'7 P,1Gf 4 50 Seal on the day and year in thisCertiUcate first above written. F. ~. 'f ;"" o . ,'! - STATE OF MONTANA ) : IS County of Gallatin ) '\ \ On this 14 th day of Au.l;tlS t , 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 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 set my hand and affixed my Notarial Seal on the day and year in this Certifioate first above written. '-"1 " ..----..... t {_){j20 ..,~' v State of Mont., County of Gallatin. 58. Piled for r"C'c;r(1~__:_~.,---_____~~~~.~_._~2th___m_____u_____' J ().~)7 ,,' 9: 3 2---A M. a;ld rcccnlcd j;1 Cc:.;:~ ,17.--- - 0: l~lksce.l,lane-GUS---- T':c:~~'--447-- c,L . --.--.-. --., /' / ('.'-"~--J/.." . -"7 . . !J;El,!'4,u__YLalt...ou---.------------Recordcr. B~!::f..4~<-::_?:.JX-~~~~-<:c.;?;::kj,,~~/..Dq - '.; , Rt: City 0 f Bozeman -4..