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HomeMy WebLinkAbout57- Dudley Easement and Right-of-Way Agreement for Waterpipe Line Y' . .. ,-,. IK 1'7 fJAIJf548 EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR WATERPIPE LINE THIS AGREEMENT, Made and entered into this 4th day of' September A. D. 1957, by and between PAUL K. DUDLEY and D::mnUIY BOli: :ct:DI-EY, husba nd and wife, of Bozeman, Montana part~ of the first part, hereinafter called the Grantor~, and THE CITY OF BOZEMAN. a municipal corporation of the State of' Montana, in Gallatin Count,y, the party of' the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS. The Grantor s are the legal record title ownerlL of portions of the NW Quarter of Sectlon 18, T 2 S, R 6 E, Ma~ . . and WHEREAS, the Grantee, in the exercise of its power and authori~ as a municipality of the State of Montana. proposes to construct and install a waterpip,e line for municipal water supply from the mouth of Hyalite Canyon Southwest of the City of Eozeman in a Northeasterly direction and Northerly direction to the said City of Bozeman, a portion of which proposed waterpipe line would run across the Grantor~ landJ and WHEREAS, the Grantee desires to acquire from the Grantor~. and the Grentor~ are willing to grant to the Grantee en euement and right-of-way acrol!ls the above desoribed property of' the Grantor..::..., and their heirs. ,xecutd~I!l, administrators. successors and assigns, f'or the purpose of' install- ln~. operating, using, re~airing, replacing, maintaining and removing said ~terpipe line. and for suoh other rights of access and incidental rights as are hereinafter desoribed. all as hereinafter more partioularly provided. NOW, THEREFORE. in oonsideration of the sum of $ ---50.00. in hand paid by the City of Bozeman, the reoeipt whereof is hereby acknowledged. and in further consideration of the covenants and agreements between the parties hereto. the Grantors have granted. bargained. sold, oonveyed, and confirmed, and by these presents dO hereby grant. bargain, sell. convey, and confirm unto the said Grantee and its sucoessors and assigns the following rights and privileges forever: 1. A perpetual easement and right-ot..way for the purpose of installing, operating. using. repairing. replacing, maintaining and removing a waterpipe .1- . . ,. . . ~ f,' "r: 4(! (WOK .1 / l'f:iJ () "" ,) line and appurtenanoes thereto upon and across the above described property ot the Grantors , said easement and right...of...way to oonsist of a strip of land thirty (SO) fe~ln width lying and being fifteen (15) feet on eaoh side of the following desoribed oenter linei Beginning lit a point, which point is on the south line of DudleY'2, E'irst Addition to the City of T?oz~man, Glillatin County, "~ont&na, and a distance of 41 feet from the southe"lst corner of s'''--::.d Addition: TlJeDce SOOo30'E, a dista:r..ce of 181.5 feet mJre or 1es8 to s noint on the sr)1itrJ prorerty line of saie, parcel of land, and wridJ po1nt is 178 feet lTore or less west of the westerly r~.p;ht-of-way line of the Chtcago, T,~:ilwau][ee, St. Paul & Pacific Railroad Comnany. - 2. The perpetual right of ingress and egress to and from said tract ot land at all reasonable times for the purpose of installing, operating, using, repairinc, replacing and maintaining said waterpipe line and appurtenanoes thereto and for the removing of same if and when desired by the Grantee, its suocessors 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 ita sucoessors and assigns torever. The Grantee hereby oovenants and agrees with the Grantor~ as tallow.; 1. That, in oonneotion with the installing, operating, using, repairing, replaoing, maintaining and removing of said waterpipe line it will replaoe, at its sole expense, all existing fences, 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, durint 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 stockpile said topsoil away from the remainder of the excavated material; and in baokfilling, 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 backfilling is completed, and will leave the finished surfaoe in substantially the same oondition that existed prior to the. beginning of operations, except that the surface of back- tilled areas may be mounded suffioiently to prevent the formation of depres. sions atter final settlement has taken place. 3. To install said waterpipe line at such a reasonable depth below the sur- laoe of the earth as will permit normal oultivation of the ground. 4. To operate, use and maintain said waterpipe line in suoh manner as will not hinder or prevent the proper cultivation of the traot through which this right-of-way is hereby granted. 6. That upon oompletion of oonstruction and installation of said waterpipe line the Grantee will pay to the Grantor s , in addition to the above speci- fied money oonsideration for this easement; the sum of Six Dollars ($6.00) per lineal rod measured on the oenterline 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 orops are growing prior to September 15, 1957, the Grantor s shall be paid in addition to said Six Dollars ($6.00) per rod, One Hundred Dollars ($100.00) per aore for orop damage to grain crops, One Hundred Dollars ($100.00) per aore for damages to irrigated pasture land and Fifty Dollars ($50.00) per acre for orop d~age to hay lands. The pay- ments herein specified for damage to premises and crops shall be and oonstitute full payment to the Grantor s for any suoh damage oaused to the Grantors' lands and current orops, as-an inoident 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 s! premises for the purpose of repairing, replacing, maintainin~ --- .2. t" . . . 1 ''7 r: r:- f') S[IUK ", ", f PIlEF ,J,J , or removing said watorpipe line, the Grantee will reimburse the Grantors for an)" aotual damage done to the Grantor~ premises or crops. The Grantors hereby covenant and agree with the Grantee as followsa - -- 1. That at no time will tb et: build, oonstruot, erect or maintain any permanent structure over or a ove the said waterpipe line unless such struc- ture 1s built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance, replaoement 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 HI elr Buccel.. _ J SOl'S and assigns. 3. That they are lawtully seh,ed of said premises; that tt:ey hall e good right and lawful authority to sell the same and that they and their heirs, executors, administrators, successors and assigns, sha!1 warrant and defend the title to said premises unto said Grantee, and its sucoessors 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, executors, administrators, sucoessors and assigns of the Grantor~ and upon the successors and assigns of the Grantee. IN WITNESS WHEREOF, the Grantor 9 have hereunto set tbe iT hands and sealS and the Grantee, The City of-a,Qzeman, has hereunto set its hand, by it. Mayor-ind its Clerk of the City Commission, each reunto duly authorized, and ~cau'Arl ijR corporate seal to be affixed, a 0 this +f day of ~tz, , 1967. C' - THE CITY OF BOZEMAN I BY~III~'~~ )~'~II{~(/L , L M. :ANS , ayor " .arrEST" -,' ' ,,~,. ....~ // '. G. ~~~~.,..v/ Clerk of the City Commission APPROVED: --- ~_ L' ~ b~-L~E ,~ - City Attorney County of Gallatin ) : 88 ) STATE OF MONTAEA On this 4 tb day of S l"'Dtl'~'IT'ber- , 1957, before me, the undersigned a Notary Publio tor the State of Montana , personally appeared PAUl, I\. DrDVi;Y and DOROTHY ROE DUDLEY known to me to be the pet'son~_ dercribed in and who signed t:;~e foregoing instrument as Grantor!- 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 set my hand and affixed m:I Notarial ..3- , "-' ", '" ::<r.r; ) 4.'" , . " . : '_'l ,I 1~1i1' h)51 I,.]t c.. .... Seal on the day and year in this Certifioate first above written. r. '\ /-': .,r 'v} . '\. . ,lIIt"",A\. ~.~ ". ~ ''II" " ;~ r; f'\ '~" "J vi '".J ,,......, an 96 .' . . l . 1 ~ STATE OF MONTANA ) : 88 County of Gallatin ) On this 11th day of SPDt~be-r .1957. before me, the undersigned. a Notary Public for the State of M~nt~a. personally appeared Arnold M. Swanson and L. G. Shadoan. known to me to be the Ma.yor and Clerk of the City Commission resppctively, of the City of Bozeman, whose name is subscribed to the within instrument and aoknowledged to me that they executed the same for and on behalf of SE:tid City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ~otarial Seal on the day and year in this Certifioate first above written. :~,"'>', '~J' T A :~' :,"; "~ " 0" !<' ~ ...,~. '" ~ . .~ -. (r\ 'L \ '-.. .' \",1 L.,I f ~ ;'~ ~ t ~""n "~1",' f .' ..,-.....----V':. (iNDFjXEJD ~/' Lp~JA TTED V .1, .... 1', "I.d f . d ' September 16, 19~7 State of ~,TO~'t., County of Ga.l~tm., ~~. F~ e . or re~or. I-~-~--------~--------:-------~-~----' _~, :"t 11.45 A.m. M., add IccorrLd In EOOL._______Z__m__ of--.Misc.el1aneou5 page__~__7= /) I ~ / ))" ; Recorder. By ~-"''- <J1 i'~) EARL WALTON fiepi..l.t1~ -4...