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Home My WebLink About74- Fridley Easement . - fiLM 2:.3 il1.1 746 EASEMENT AND RIGHT OF WAY AGREEMENT FOR A WATER TRANSMISSION LINE " THIS AGREEMENT, Made and entered into this l~, tre day of '~r"FC'1 , A. D. 197~, by and between ANNA FRIDLEY, a single woman of Gallatin County, Montana, party of the first part, hereinafter called the Grantor and 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. WIT N E SSE T H : WHEREAS, The Grantor is the legal record title owner of portions of the E 1/2, NE 1/4, Sec. 7, T3S, R6E, MPM, 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 land; 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 removing 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 $ 1.10 and other considerations 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 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 install- 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 below and shown on the attached plat "Exhibit A": PARCEL III 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 1/4, Northeast 1/4, Section 7, Township 3 South, Range 6 East, Montana Principal Meridian. Beginning at the transmission centerline Station 10+43 (which is common to the north right of way line of the Forest Service o ' road) and is South 15 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. . filM 2a fNJ .747, . " Thence North 120 1'3' West along the transmission cente!"1 ine to Station l2+91 (which is conrrnon to the south right of way line of the Forest Service road). Together with a IS' con- struction easement, adjacent and each side of the above de- scribed utility easement. .. The water line uti] ity easement right of way lines are paral- lel to the abnve 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 H2 --~.- 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 rOCld and a line 15 feet east of the transmission cen- terline, in the East l/2, Northeast 1/4, Section 7, Township 3 South, Range 6 East, Montana Principal Meridian. Beginning at the transmission centerline Station l5+52 (from which a point 15 feet perpendicular easterly to said transmis- sion line is conrrnon 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 l5' 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 1/3 A tract of land, for a water line utility easement, being 23:t feet wide (8:t 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 ]/4, Section 7, Township 3 South, Range 6 East, Montana Principal Meridian. Beginning at the 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' West alon~ the transmission centerline to Station 18+43; Thence North 0 07' West along the transmission centerline to Station 28+88; Thence North 760 28' East a dist- ance of 134.9 feet, more or less, to the north line of Section 7. This last leg of traverse will amount to a water line easement 15 feet on each side of said centerline. The ...m tel' Lne ut flity easemE'nt lines <lre parallel to the above described centerline and continue until they intersect the county road right of way or th(' north line of Section 7, TOvm- ship] Sonth, Range 6 East. Also a construction easeIilcnt to be nsed if needed only during the construction uf said ..mter transmission main and appurte-- nances flft0en (15) feet in width lYing adjacent to and easterly froD' the perpetual e<1sernent, with an exceptio;) to the northf!rly traverse leg ,,-,here t}w construction easement wi]] be fjfteen (15) feet adjacent anG contiguous 'I,'ith botrl sides of the described utility eaSE'rJent.. flU.! 2:3 l?tE 74B 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, o?erating, using, repairing, repJ acing <:lTId maintaining said water transmission line and for the removing of same if and when desired by the Grantee, its successors and assigns: TO I~VE ArID TO HOLD the above described right of way with all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with 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, which- 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 foJlows: 1. That at no time will the 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 Unes. 2. Thea t:he Grantee rEay peaceably hold and enjoy the rights and privilege~.; herein grantee! without any interruption by the Grantor or her successors and assigns. - 03 - .~ FILM 23 ~l,[,[' 749 3. That: sht~ h(~s been l.awfu11y seized of said premises; thdt she hd~ r,ood right and lawful authority to sell the :';:.HLC a'vJ that 'One and 1,e1' heirs, executors, aJministr2.- lOTti, s~cceSSOTS ~ncl assigns, shall warrant and defend the litle tu ';n;c~ ]'re~,ises unto ,.;ai<1. Crantt'c, and its S\lCCeSRor;:: ,.tild p;]sigJ'.~; forever, against the ldwful cLdn, clt,d 3emand ,If alj Fl2rsc:ns whc,msc,cver. J t is under;~t<)"d and agreed by and bet\\leen r11e parties heTPt'~ tll<.!t this AgrC'P1":cnt shall }"e binding upon the heirs, executors, admi.tdstrators, successor anG assigns of the Grantors and upon the successors and assigns, of the Cri':lIltee. . . . . . \.. FIUI 23 1:~Gt 750 T:: v-'ITNESS ',,1-fFR~~OF, TIlE' said cuty of the first p8rt has [lCI'euntu set her han,[ the day and Yf'aY first above written. STATE OF \'OI\'TANA ) County of Gallatin) me, , ~ '~ On this ;,"" a Notarv Public in l < .,! -" . i-' J { ~ A ,I ins trUlnf'n t. TN WITNESS HHEREOF, sea\1\'t''b~'d4'y and year in ,:,<,' \~. . ~::, "': ~' ,,:,' >" ~\, \!V'\, ,,,~.J'" ..... .....,~.....~..::.\"'~... t':~"t:"~,fI l, ,\ J ,/rr ". 4 ~ .. ~~ ,. :"".1.' ...,~ /.... ",.- ;.. 3 -..:. -\/;...,\..j ..... ~'... = ~ .:.-- i ~ (..-~~, II, 6; ,.~ : - ~ :;: ...J,: c, r1 l ~._~ J.c.( . "" ? \. '."\ \~'~' l .....' III"": :..~ ,~ ~, ~ '. ,. J ":- ,. (!\.,' ... .....~... .....- - . , r, I':'" ,. w. .""... ...~ '...... .. 'Jr '(IL,., ,/ >;"-'-> /, ~'-i/ 58 day of 'Y'/l... .,,) ) in the year 197~, before and for said State personally appeared I , known to me to be the person who executed the above I have hereunto set my hand and affixed my official this certificate first above written. ........... j j f \' ...._ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires -) -~ fiLM 23 I^CE' 751 . . '. lTI: C i,";',,' OF TU?e.jJ~; ~~:i:)~SEDIf~:-;M~:",..:~-~~~".~ ,,-,-~,~ ," A'TEST: ~. / . ' / ~j'._~(... ~......~::~,~. 4-~~_,__~":"'.!,__~:.::_..lm.~":,"--.L~(~. ~-~--- "l)~\' 'I I" I""""('--/. l'- "\.,,,\,t\. '. ~ (:..1\ '.,L !,L\ ,,11 ( ~.\ Clerk (]f t'I,,,- C -~_ ty CO!:l;n is~~i\m APPROVED';' ." ~~,~~_~,_~':......~_~~~~~-L- I ,~; BEN/I:. mJ-ZC;, C; ty A It,',rne)t ' /1 ;.":/:, STATE OF MONTANA ) 55 County of Gallatin ) l'n this ~_ -;-;: day of n1i-/.lzctJ , J.97~, hefore me, Lhe un,le131gned a Notary Publ:ic for the State of Montana, personally appeared Ldmund P. Sedivy and Erna V. Harding, known to me to be the Mayc,r and Clerk of thE: C:ountv Commission r2spectively, of the City of Bozemclf:, whose names are subscribed to the within instrument and acknowledged to ne thnt they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have Larjpl Seal on the day and year hereunto set my hand and affixed IT.V ~~u- in this Certiff<\ttef.irst above written. I I~~[i ?5 ~~ Notary Publi c for ~he :,ta te of ReFiding at Bozeman, Montana ;v!y C()IT.mission Expires (}-IS-7,,;:1' HO!l tand ,~ .'\ "I_~~~:>~\'~:~:, ;\_,.., ..~.~; <...;.. "". f':', ~'.~: i ..."r -: .....~ : . I'..~' ~\\~ '" ......... ~ , .,,11-',.... .f..\~.r,-_/ :'.'" ...... ~ J." ., "\j1'.J' ..... t- ~ J'I"\".' ~,j ;?{~~,~~:.; ~ ~,~.>""-" S499 jlN"."LXW-Vj--'" -.- \ p~ i\,TTCD .. - State of Mont.. County of GIlllat1n... Flied for record ~1a rch 11'3 at 1 :20 PM.fand recordeci ." P\Qoft ___~~~f :::l ,ll Fee CARL L. STUCKY Recorder. "e,- _Zy~ /1::1", City of Bozeman .19~ p..e-Uf> Deputy - (, -