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Home My WebLink About73- Fridley Easement f!UA 22 386 EASEMENT AND RIGHT OF WAY AGREEMENT FOR A WATER TRANSMISSION LINE THIS AGREEMEN'.L', Made and entered into this 28th day of .Nov_ember, A. D. 19l.2., by and between AlmA FRIDLEY, a single 1wman of Gallatin County, Montana, party of the first part, hereinafter called the Grantor and THE CITY OF BOZEHAl'1, a municipal corporation of the State of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WIT N ESe E T H ~iEREAS, The Grantor is the legal record title owner of portions of the E 1/2, HE 1/4, Sec. 7, T:35, R6E, HPH, more particularly described below. WHEREAS, the Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a water transmission line and necessary appurtenances to trans- mit water from the Bozeman Creek Diversion Structure to the settling basin one or more such lines would run across the Grantors lan~and WHEREAS, 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, exe- cutors, administrators, successors and assigns, for the purpose of in- stalling, operating, using, repairing, replacing, maintaining, and removinfS said water transmission line and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $ I ~and other considerations in hand paid by the City of Bozeman, the receipt 'fhereof is hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the Grantor has granted, bargained, sold, conveyed, and confirmed, and by these presents does hereby grant, bargain, sell, convey, and confirm 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 insta11- ing,operating, using, repairing, replacing, maintaining and removing a water transmission line thereto upon and across the above described prop- erty of the Grantor, said easement and right of way as described be1mr and shown on the attached plat "Exhibit A": P ~P_CJ:J._ll A tract of land, for a water line utility easement being 30 feet wide (15 feet on each side of the following described center- line) in the Southeast 1/11, Northeast 1/4, Section 7, Township 3 South, Range 6 East, Hontana Principal Meridian. Beginning at the transmission centerline Station 10+43 (which is common to the north right of way line of the forest service Road) and is South 150 44' East a distance of 600 feet from the Northwest corner of the Southeast 1/4, Northeast 1/4, Section 7, Township 3 South, Range 6 East, Montana Principal Meridian. " f IL l.l 22 387 Thence North 120 15' West along the transmission centerline to Station 12+91 (which is common to the south right of way line of the Forest Service road). Together with a 15' conh struction easement, adjacent and each side of the above de- scribed utility easement. The water line utility easement right of way lines are paral- lel to the above described centerline and continue until they intersect the Forest Service road right of way or the right of way of the 18" clay tile pipe easement. PARCEL #2 -,~,,- A tract of land, for a water line utility easement, contain- ing the land between the east right of way line of the Forest Service road and a line 15 feet east of the transmission cen- terline, in the East 1/2, Northeast 1/4, Section 7, Township 3 South, Range 6 East, Hontana Principal Heridian. - Beginning at transmission centerline Station 15+52 (from which a point 15 feet perpendicular easterly to said transmission line is common to the east right of way line of the Forest Service road) and is South 350 30' East a distance of 97 feet from the northwest corner of the Southeast 1/4, Northeast 1/4, Section 7, Township 3 South, Range 6 East, Montana Principal Meridian. Thence North 120 15' West along the transmission centerline to Station 16+97, (from which a point 15 feet perpendicular easterly to said transmission line is COmMon to the east right of way line of the Forest Service road). Also a construction easement to be used if needed only during the construction of said water transmission main and appurte- nances fifteen (15) feet in width lying adjacent to and easterly from the perpetual easement. PARCEL #3 A tract of land, for a water line utility ensement, being 23~ feet wide (8! feet westerly and 15 feet easterly of the follow- ing described centerline. Said western limits of easement being the east right of way of the existing county road) in the Northeast 1/4, Northeast 1/4, Section 7, TO'fflShip 3 South, Range 6 East, Hontana Principal Meridian. Beginning at transmission centerline station 17+98, which is North 10 15' East a distance of 161 feet from the southwest corner of the Northeast 1/4, Northeast 1/4, Section 7, Township 3 South, Range 6 East, Montana Principal Meridian. Thence North 120 15' Hest along the transmission centerline to Station 18+43; thence North 00 07' VTest along the transmis- sion centerline to Station 29+34. The water line utility easement lines are parallel to the above described centerline and continue until they intersect the county road right of way or the north line of Section 7, Town- ship 3 South, Range 6 East. Also a construction easement to be used if needed only during the construction of said water transmission main and appurte- nances fifteen (15) feet in width lying adjacent to and easterly from the perpetual easement. - 2 - flL 1.\ 22 t I ". a- :1",.;... 388 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said water trans- mission line and for the removing of same if and when desired by the Grantee, its successors and assigns: '1'0 HAVE AND TO HOLD the above described riGht of VTay with all the appurtenances and privileges unto the said Grantee and to its successors and assipns forever. The Grantee hereby covenants and agrees ,lith the Grantor as follows: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said water transmission line it will replace, at its sole expense, all existing fences, ditches and other appurtenances of 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 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 topsoil, lThich- ever is less, and stockpile said topsoil away from the trench area, and 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 remain- ing after backfilling is completed, and will leave the finished surface in substantially the same condition that existed prior to the beginning of operations except that the surface of backfilled areas may be mounded suf- ficiently to prevent the formation of depressions after final settlement has taken place. 3. To operate, use and maintain said water transmission 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. 4. In the event that it should become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or remov- ing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. The Grantees hereby covenants and agrees with the Grantee as follows: 1. That at no time will they build, construct, erect or maintain any permanent structure on these perpetual easements unless such structure is built, constructed and maintained in such a manner that it would not inter- fere with the operation, use, repair, maintenance, re- placement and removal of said utility lines. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor or her successors and assigns. - 3 - FIU,4 3. That she has been lawfully seized of said premises; that she has good right and lawful authority to sell the same and that she and her heirs, executors, administra-. tors, successors and assigns, shall 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 whomsoever. 2.2 389 It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors administrators, successor and assigns of the Grantors and upon the successors and assigns, of the Grantee. - 4 - .. flLU 22 ~ . - ... 390 IN WITNESS WHEREOF, The said party of the first part has hereunto set her hand the day and year first above written. ...... ~ l,......""'t I i ./,"J J /,,~ ~./l,~/t t -.... I', . ./ ~/,:...:,., ~. ~ ",/ ( STATE OF MONTANA ss County of Gallatin On this _14th day of November in the year 191.1, before me, a Notary Public in and for said State personally appeared ANNA FRIDLEY known to me to be the person who executed the above instrwnent. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my of- ficial seal the day and year in this certificate first above written. "\ -... , .' / /; .i I 'j/ '1_;,/,/ ,.;'..../J..,j Lie...,,), ,..."\' I.'" Notary Public f& the St~~of !1ontana Residing at Bozeman, Montana My Commission Expires .Tllnp..3....Q ,1925. _." ...'. -- .'-.. ' :' ~ ~ ~ ;- ! ~~l '~:: - '.-: ::;. .?;. ..;<:' ( ~ ~ . . , , :. ~ , I' t t ~ t ~ \ , I). " - 5 - . , . fllU 22 ;'1C:: 391 'l'HE CITY OF BOZEHAlT By: HILLIAH GRAI30W, Mayor ATTEST: /;"/ , commi~~on , - './ (- // . "'C,,/ \( /'.;...('(..... /..-;. I Ii- ,'/:_ ERNA V. HARDntG, Clerk of the City APPROVED: '-:,/'" ~ A'.. .../ ;:--:1) 'BEN E. '--~ERG, / ~i ~~ A tdr~~;'-(J"{;~ STATE OF MONTANA ss County of Gallatin On this __28th day of November 1973, before me, the undersigned a Notary Public for the State of Montana, personally appeared William Grabow and Erna V. Harding, knm.ffi to me to be the Mayor and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. -~ IN WITNESS WHEREOF, I have hereunto set ,~y hand and affixe ~y No- tarial Seal on the day and year in this Cert fi ate first abov written. '\ -) State of ,-- " - /"':; j.'rq :~~ ',~ ~, .", f"l ~ :in "';,) State of Montana t ss.. County of Gallatin f Filed___December 4 , 1973 at 1: 35 P ._M.. and .. k 22 of ~rS8E't~bN~O US Page 386 ~CARL 1. STUCKY ./ p~ C~~ ":"'..s:'~ -) B~ ~ INDEXED PLATTED fee $~_.:::...",,-""-_."."-" ... Rt: City of Bozeman - 6 -