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HomeMy WebLinkAbout57- Hawkworth & Lamb Easement ,... , T lUX. 1'7 r~!1Gt /172 EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR WATERPlPE LINE THIS AGREEMENT, Made and entered into this 'Z7 th day of ~,ray , A. D. 1957.; by and between MARTHA L. HAWKSWORTH AND BERNICE LAlVIB of Bozemaa, Montana, as joint tenants parties of the first part, hereinatter called the Grantor s.; and THE CITY OF - - BOZEMAN, a municipal oorporation of the State of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, The GrantorJL are the le~al record title owner.!., of portions of the SEt Section 19,T 2 S, R 6 E. MPM and WHEREAS, the Grantee, in the exercise of its power and authority as a munieipality of the State of Montana, proposes to construet and install a waterpipe line tor 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 waterpipe line would run across the Grantor ~ land; and WHEREAS, the Grantee desires to acquire from the Grantor s, and the - Grantor2!.. are willing to grant to the Grantee an ee.sem.ent and right-ot-way aoross the above described property of the Grentor1L' and their heirs, .xecutors.; administrators, successors and assigns, tor the purpose of insta11- lng, operating, using, refairing, replacing, maintaining and removin~ said waterpipe line.; and for such other rights of access and incidental rights as are hereinafter described, all a8 hereinafter more particularly provided. NOW.; THEREFORE, in consideration of the sum of'. --..{;Q.QQ.; in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further consideration of the oovenants and agreements between the parties hereto, the Grantor1- have granted.; bargained, sold, conveyed, and confirmed, and by these presents do hereby grant, bargain.; sell, oonvey, and confirm unto the said Grantee and its sucoessors 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- . '"J 1 C"j 4 '-7C) 1. f i;~U._...J line and appurtenante. thereto upon and acro.. the above deacribed property ot the GrantorS, .aid .alement and right-ot..way to oonsiet of a strip ot land thirty (30)reet in width ly1111 and being fitteen (15) feet on each 11d. ot the following described oenter line: Beginning at a point on the north property line of said parcel of land, which point is N570361E, a distance of 1670.3 feet from the south i corner of Section 19, T 2 S, R 6 E, MPM; thence S19036'E, a distance of 116.2 feet to the south property line of said parcel of land. A total distance of 116.2 feet or 0.02 miles. 2. The perpetual right of 1nsress and e,ress to ani from sald tract of land at all reasonable tiMes for the purpose of installing, operating, using repairing, replacing and maintaining said waterpipe line and appurtenanoes thereto and for the removing of 8ame if and when desired by the Grantee, it. 8uccessors and assigns; TO RAVE jND TO HOLD tAe above described right-of-way with all the appur- tenances and privilege. unto the said Grantee and to its suocessors and assign. forever. 'lbe Grantee hereby covenants and agrees with the Grantor..!.. as followSl 1. That in connection with the installing; operating, using, repair- ing, replacing, maintaining and removing of .aid 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 opera. tion 1n a condition equal to the condition thereof existint before said operations were begun, or as near thereto 8S shall be reasonably possible, and in the event that the same cannot be so replaoed the Grantee will pay to the Grantors the reasonable value of the damage done by it to the same. - 2. That during operations involving excavation, it will remove trom the site any large stones or any kind of debris that may have been exposed by the excavation and remaining after backfilling 1s com- pleted; and shall leave the finished surface in substantially the same oondition that existed prior to the beginning of operations, except that the surface of backfilled areas may be mounded suffi- oiently to prevent the formation of depressions after ~inal settle- ment has taken plaoe. 3. To install said waterpipe line at such a reasonable depth belaw the surface of the earth as will permit nor.mal cultivation of the ground. 4. To operate, use and maintain said waterpipe line in such a manner as will not hinder or prevent the proper cultivation of the tract through which this right-of-way is hereby granted, it being under. stood that .the Grantor-!L shall be reimbursed in full by the Grantee for any actual damage done to the crops or the premises by virtue of the Grantee's entry thereon. The Grantor s hereby covenant and agree_ with the Grantee as folloW8t - - 1. That at no time will they build, cons tl"UO t, erect or maintain any permanent st1'\1cture over or above the said waterpipe line unless such structure i. built, CODstructed and maintained in suoh a manner that it would not interfere with the operation.; use, repair, maifttenance, replaoement and removal ot said waterpipe line. -2- ~ . 1'/ "AUt 4 7 L1 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GrantorJL or their successors and assigns. 3. That ~ are lawfully seized of said premises; that ~ev have gooarIglit and lawful authority to sell the same and tha they and their heirs, executors, admin1etratol'l, suocellors and assigns, shall warrant and defend the title to s8id premises unto said Grantee, and its suocessors and assigns forever, against the lawfUl cla1m and demand of all persons whomsoever. It 18 understood and agreed by and between the parties hereto that this Acreement shall be binding upon the heirs, exeoutors, administrators, suooes- sors and assigns of the Grantor s and upon the suocessors end assigns of the Grantee. -- IN WITNESS WHEREOF, the Grantors have hereunto set ~~ hands and 8eal and the Grantee, The City of BOzeman, has hereunto set ts hand7'by its Mayor and its Clerk of the City Commission, each thereunto duly authorized. and has oaused its oorporate 8eal to be affixed, all on this 2 P lit day ot ~a,! , 1957. ! /;;Jp~1? /~~ - ~ t... ~ -~ : ~ ( ~'{:?~ - ~ L _ THE CITY OF BOZEMAN f-" ~." By ~ ' ...."--, (_,-<-~1,! ;::~S~:~N,-'- Mayor \~~==:: . . .,..-;;. '. ..-' ",I"'" ~ I _, r:;7:'ll i;k?t. { / / ,"" \ ". (, ,"I" ~ ATTEST: , ~/ ~) p::;' " c-~~~ L.. . Clerk ot the City Commission APPHOVED. Sb- ~ ~ DAN R. LO ELACE City Attorney ~ :=~O:f ~. /. ) : ss ) On this ;}7 day ot /Jl~ ' 1957, before me, the undersigned a Notary Public tor the State of Mo tana .; personally appeared MARTHA L. HAWKSWORTH AND BERNICE LAMB known to me to be the persons desoribed in and who signed the foregoing instrument as Grantor S and acknowledged to me that they had executed the ~.ame freely and voluntarily, for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ray Notarial :;l!&;?di- ~otary Public 10r the Stelte of Montana Residing at BOZEmJn, t\1ontana My Commission Expires August 9, 1959 -3... (~. , ,"- ~ . . l::'i!1K J7 r'/,C;F 475 Seal on the day and year in this Certificate first above written. Notary Publio for the State of Residing at ~ Commission expires STATE OF MONTANA ) : II County of Gallatin ) On this 14th day of Au,<;us t ,1957, before me, the undersigned. a Notary Public 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 acknowledged to me that they exeouted the same tor end on behalf ot .aid City. IN WI'lNESS WHEREOF, I have hereunto set my hand and affixed 1lf1 Notarial Seal on the day and year 1n thi. Certificate first above written. -. "'" ". ~i _- o ry Residing at My Commission ----... 1;:160 \ - " ~ ~ ., ' ~ ' ~' . :16"'" ...~f.... . '\.. ..... .r". ~~)<.._)fft.., 11~~-)1i:'::~j.;_:-~~L', \-:':'~;;-~&"T'I'ET) : ,t,';:~~ .,:\~--:.!" .....:....:_:::.~"~.-- ~,~~...,.-..~" "", J i:1 j,I,:,:" _, "-,1 August 19 __ _.L. ..1 1..( U. (. ._____...w ___n________.n..~__.. _..______n_..___________ - 4-r12 I'".L J7____ oi-----Jiiscell-El.neous.~.. .____.1..._ ,,-,d,x. 13.1 ~l-1!k ~_m~:r~::>___,; -"" 3 :52 P. . EMiL ~JALTUN -4.