Loading...
HomeMy WebLinkAbout57- Johnson Easement 1,l< .} r: F' ":1 1. I pm} '}'. ltl &6SEUEN7 AND RIGRT...OF..WAY AGREEUENT FOR WATERPlPE LINE THIS AGREEMENT, Made and entered into this 14TH day of October.; A. D. 1957, by and between SHIRLEY HOY JOHNSON of Bozeman, Monta~ part~ of the first part, hereinafter called the Grantor__, and THE CITY OF BOZEMAN, 8. munioipal corpora~n of' the State of Montana, In Gallatin County, the party of the seoond part, hereinafter called the Grantee. WITNESSETH: WHEREAS, !he Grantor is the legal record title owner_ of portions of the SEt of Section 19, T 2 S.; R 6 E, MPM, ; and v~.; the Grantee, in the exercise of its power and authori~ as a municipality of the State of Montana, proposes to construct and install a waterpipe line for municipal 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 whioh proposed waterplpe line would run across the Grantor's 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, executors.; administrators, successors and assigns, for the pur~ose of install.. lng, operating, using, re~airing.; replaoing, maintaining and removing said waterpipe llae, and for suoh other ri~hts of access and incidental rights 8S are hereinafter desoribed, all as hereinafter more particularly provided. NOW.; THEREFORE, in oonsideration of the swn of $...-- -50.00. in hend paid by the City of Bozeman, the receipt whereof is hereby acknowleaged, 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 presentsOoeS 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-or-way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a waterpipe ...l... . ., ;):n:~ r/ PAU 5fj7 line and appurtenanees thereto upon and aeross the above described property of the Grantor ,said easement and right-of-way to oonsist of a strip of land thirty (30)-reet in width lying and being fifteen (15) feet on each side of the following desoribed eenter line: Beginning at a point on the North Line of Lot Eleven (11) of Bulen's Subdivision of Galla tin County, lying in the Southeast Quarter (SE~) of Section Nineteen (l9), T 2 S, R 6 E, MPM, a distance of 636.9 feet, more or less, from the Northeast Corner of said Lot Eleven (11); thence Southeasterly a distance of 236.9 feet, more or less to a point On the South Line of Lot 'ren (10) of said Bulen's S11bdivision, which point is 572.9 feet, more or less, from the Southeast Corner of said Lot 'ren (10). 2. The perpetual right of ingress and egress to and from said traot ot land at all reasonable times for the purpose of installing.; operating, using.; repair- ing, replaoing and maintaining said waterpipe line and appurtenanees thereto and for the removing of same if and when desired by the Grantee.; its sucoessors and assigns; TO HAVE ~D TO HOLD the above desoribed righ~of-way with all the appurtenances and privileges unto the said Grantee and to its suocessors and assigns forever. The Grantee hereby covenants and agrees with the Grantor as fo 11 ows : 1. That, in connection with the installing. operating, using, repairing, replaoing, maintaining and removing of said waterpipe line it will replace, at its sole expense.; all existing fences. ditohes and other appurtenanoes 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 a8 shall be reasonably possible. 2. Ibat.; during operations involving exoavation, it will remove the top- soil from the trench area to e' depth of One foot. or to the full depth of the topsoil. whichever is less, and stockpile said topsoil away from the remainder of the exoavated material; and in backfilling, 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 exoavation and remaining after backfill- ing is oompleted, and will leave the finished surfaoe in substantially the same condition that existed prior to the beginning of operations, except that the surfaoe of backfilled areas may be mounded sufficiently to prevent the fonnation of depressions after final settlement has taken place. 3. To install said waterpipe line at such a reasonable depth below the surface of the earth as will pennit normal cultivation of the ground. 4. To operate, use and maintain said waterpipe 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. 5. That upon completion of construction and installation of said waterpipe line the Grantee will pay to the Grantor , in addition to the above speci- fied money consideration for this easement, the sum of One Dollar and Fif~ Cents ($1.50) per lineal foot for the first one hundred (100) feet, One Dollar ($l.OO) per lineal foot for the second one hundred (lOO) feet, and Seventy. five Cents ($0.75) per lineal foot for the balance of the foota~e crossing the propertlf of the Grantor as measured on the centerline of the right-ot-way, for damages to the premiSes and crops by virtue of the Grantee's entry thereon. The payment herein specified for damages to premises and orops shall be and oonstitute full payment to the Grantor for any suoh damage caused to the Grantor~ premises and current cropiS;-as an inoident to the initial construction and installation of the waterpipe line. 6. In the event that it should become necessary for the Grantee,to re-enter the Grantor~ premises for the purpose of repairing, replacing, maintaining -2.. ." :k ,i ,- i r: flU J I P/1r;h)tY) or remov~ said waterpipe line, the Grantee will reimburse the Gr&Btor for a.ny aotual damage done to the GrantorL premises or crops. The Grantor hereby oovenant s and agrees with the Grantee as follow. & - -- 1. That at no time will she build, oonstruot. ereot or maintain Illy pe~ent struoture over or above the said waterpipe line unless such struc- ture is built.; oonstruoted and maintained in suoh 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 Grantor or her 8ucce.- - sors and assigns. 3. That she is lawfully sehed of said premises; that she has good right and lawfui Buthori ty to sell the same and that she and her heirs. executors.; administrators, successors and assigns. shall warrant and defend the title to said premises unto said Grantee.; and its successors and assigns forever. against the lawful olaim and demand of all persons who~ soever. It 1s understood and agreed by and between the parties hereto that this Agree- ment ahall 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 has hereunto set her hand and Beal and the Grantee. The City of-aozeman.; has hereunto set its han~by it. Mayor-Bnd its Clerk of the City Commission. each thereunto duly authorized. and hIlS caused its corporate seal to be affixed. all on this 14 th day of October , 1951. ~ (~:>~~.~ THE CITY OF BOZEMAN, D B~,~~~ L. , yor AtTEST. 4: ~ "'..~ ../ ,~~-o:--c:~ t.. AN , Clerk of the City Commission APPROVED: C~ia~~~- DllN . :v E City Attorney County of Gallatin ) : ss ) STATE OF MONTANA On this 14th day of October .; 1951, before me, the undersigned a :Notary Public for the State of Montana, pet"sonally appeared SHIRLEY HOYJOHNSON known to me to be the pp.!'son detc:r:ibed. in and who si;;ne'l the !'or':)go~.ng instrument as Grantor and-S:ck.."'lowledged to me th9.t SHE hod executed the same freely and voluntarily~for the uses and purposes therein expressed. IN WITNESS WHEREOF. I have hereunto set my hand and affixed ~ Notarial ..3- ,. '"'} , r: ,... ('J SrJ[)K _I, il/:{;~.Jt)" Seal on the day and year in this Certifioate first above written. .- I ,.. STATE OF MONTANA ) l 88 County of Gallatin ) On this 16 tp day of Oc tober ,1957 ~ before me, the under8igned~ 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 aoknowledged to me that they exeouted the same for end on behalf of said City. IN WI7NESS WHEREOF, I have hereunto set my hand and affixed lf1!j Notarial Seal on the day and year in this Certificate first above written. ) i " ~,.ok,'I\'''''J'''''\l '~ _' II'! t .L., ~ 1/ i( J" _._..m.,__',"_..._,"-'-~'" "" 'XrT\ ~~"~~TI~'~ _.'".....,-~ - .-...-.......-- ./F' !'\'{D;,~T.i'J,>L.~~ t~':31. 0, ,,"I i. f" ,'1" ",- :, l~ :-~';2-------. 1',';1 . "-;,~;;~i'~t~;~~j,~ NI,L~....~-;_._.- .'. ,.._.~_._.,. ----~...'..__. , ,,-, -- '-~.:-'-C:j~l::~'"i--0:,:!J,..ml;' fte~'c.: r' /1 ~L~_?!~_ .. './--'~ -.,.".. i,F;;.;ut-;?, .:}.) c~,: (~~,._ ,;;;;-...........:::::"' '~'.:r,.,;;, .i<;-.,~~' .\.;; ".. .....h,. -4:..