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HomeMy WebLinkAbout57- Jordan Easement ~ .,: ",i:i t7 ;-'AGF 4 :J1 EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR WATERPIPE LmE THIS AGREEMENT, MAde and entered into this 6th day ot Augus t , A. D. 1957, by and between ROBERT JORDAN and MARDELLA A. JORDAN of Bozeman, Montana, husband and wife, as joint tenants. partiesof the first part, hereinafter oalled the Grantor~, and THE CITY OF BOZEMAN, a municipal corporation ot' the State of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WITNESSETH; WHERF...AS, The Grantor s are the legal record title owner~ of portions of the Section 14, T 3 S, R 5 E. MPM . , and ~VHEREAS, the Grantee, in the exeroise of its pmver and authority 8S a municipality of the State of Montana.; proposes to oonstruot and install a waterpipe line for municipal water supply' from the mouth of Ryall te 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~, and the Grantor~ are willing to grant to the Grantee an easement and right-ot-way acroSS the above described property of the Grantor..!.., and their heirs, .xeoutdrs, administrators, successors and assigns, for the purpose of install- lng. operating, using, re~8iring, replacing, maintaining and removing said waterpipe line, and for such other rights of acoess and incidental right8 sa are hereinafter desoribed, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $ ...-116 .00, in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further oonsideration of the covenants and agreements between the parties hereto, the GrantorS have grant~d.; bargained, sold, conveyed, and oonfirmed, and by these presents ao herety grant, bargain.; sell, convey, and oonfirm unto the said Grantee and its sucoessors and assigns the followinc 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_'/ iY!il[L1:]2 line and appurtenance. thereto upon and across the above described property of the Grantor!--, said easement and right-ot-way to oons1st of a strip ot land thirty (30) feet in width lying and being fifteen (15) teet on each side of the following described center linea (1. Beginning at a point, which point is SOSo08'W a distance of 3646.6 feet from the north t corner of Section 14, T 3 S, R 5 E, MPM; thence S03004'W a distance of 20 feet; thence S14003'E, a distance of 100 feet; thence S200271E, a distance of 101 feet; thence S24025'E, a distance of 100 feet; thence S330 OO'E, a distance of 176 feet to the east line of the swt of said Section 14. (2. Beginning at a point, which point is east along the north line of Sec- tion 14, T 3 S, R 5 E, MPM, a distance of 133.5 feet from the north t corner of said Section 14; thence S2l0531W, a distance of 1438 feet; thence S020031W, a dis- tance of 1160 feet to a point on the south property line of said parcel of land. A total distance of 3085.0 feet, or186.97 rods, or 0.58 miles. 2. The perpetual right of ingress and egress to and from said traot of land at all reasonable times for the purpose of installing, operating.; using, repairin&, replaoing and maintaining said waterpipe line and appurtenances thereto and for the removing of same if and when desired by the Grantee, its successors and assigns; TO HAVE AND TO HOLD the above described right-ot-way with all the appurtenanoes and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantor-!- as follow.a 1. That.; in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said waterpipe 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 exoavation, it will remove the topsoil from the trench area to a depth of one foot, or to the full depth of the top- soil, whiohever is less, and stockpile said topsoil away from the remainder of the excavated material; and in backfilling, this topsoil will be replaoed 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 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 back- filled areas may be mounded sufficiently to prevent the formation of depres- sions after tinal settlement has taken place. 3. To install said waterpipe line at such a reasonable depth below the sur- tace 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 tract through which this right-or-way is hereby granted. 5. That upon oompletion of construction and installation of said waterp1pe line the Grantee will pay to the Grantor s , in addition to the above speci- fied money oonsideratiQn for this easement, the sum of Six Dollars ($6.00) per lineal rod measured on the centerline of the right-ot-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 arops are growing prior to September 15, 1951, the Grantor~ 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 acre for damages to irrigated pasture land and Fifty Dollars ($60.00) per aore ror crop damage to hay lands. The pay_ ments herein specified for damage to premises and crops shall be and constitute fUll payment to the Grantors for any such damage caused to the Grantor's lands and current crops, as-an incident 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, maintaining --- -2- c . . 1""ll~"r,~(1(} .. f ":.jbt:'1 '_.J ~.J or r.mov1ng said waterpipe line, the Grantee will reimburse the Grantors for - any actual damage done to the Grantor I s premises or crops. - The Grantor2- hereby covenant_ and agree_ with the Grantee as folloWsl 1. That at no time will ~ build, construot, erect or maintaib my petmanent strueture over ~ve the said waterpipe line unless such struo- ture is built. constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance, replacement and removal of said waterpipe libe. 2. That the Grantee may peaceably hold ~d enjoy the rights and privileges herein granted without any interruption by the Grahtor s or their suoces- lors and assigns. --- 3. That t~ey. are lawfully seized of said premises; that they have e;ood tight and lawful authority to sell the same and that they and their 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 claim and demand of all persons who~ soever. It 18 understood and agreed by and between the parties hereto that this Agree- ment shall be binding upon the heirs, executors.; administrators, successors and .Isigns of the Grantor~ and upon the suocessors and assigns of the Grantee. IN WITNESS WHEREOF.; the Gra.ntor shave hereunto set the lr hand sand leal s and the Grantee, The City of&zeman, has hereunto set its hand:-by it, Kayor-and its Clerk of the City Commission. each thereunto duly authorized. and has oaused its corporate seal to be affixed. all on this 6th day of AU~U3 t , 1951. i /'--j 1/ I ,/ ~t-" IJ. '~/<tYU~, '1/;' , , /! .\ \ .:/ t ,i(flj l ( THE CITY OF BOZEMAN ...., . . i.. ( . /;;r ~/ //. ..;"'.. B.... /}' l \. ,I/' , ......<')1_'(/' / / .//: (./',//1- d:c-, yer -3- APPROVEDl ~4= Q . 4 ~"~ DAN :tf.~ LOVUE - - City .Attorney County of Gal-latln ) : as ) STATE OF MONTANA On this 6th day of AUfms t .; 1957, before me, the undersigned a Notary Publio for the State of Mon ts.na . personally appeared ROBERT JORDAN and MARDELLA A. JORDAN known to me to be the person s described in and who signed the foregoing instrument as Grantor s 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 1113 hand and atfixed rq Notarial .. ..... - " "1" .'') >1 q4 f P/\GF IJ . J . . Seal on the day and year in thisCertilioate first above wr1 tten. ."., , Notary Public for Residing at Doze n My Commission expires ......., """ ~'... , .J '. STATE OF MONTANA ) ; S8 County of Gallatin ) On this 14th day or Aup.:ust , 1957, before me, the undersigned, a Notary Publio for the State of Mont~a, personally appeared Arnold M. Swanson ~d L. G. Shadoan, known to me to be the Mayor and Clerk of the City Commission respeotively, of the City of Bozeman, whose name is subscribed to the within instrument and aoknowledged to me that they executed the same for end on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certifioate first above written. . ~ :H . < ' .. . . . ~ ( I ~ ~ ~~;~~1\-~. l.,\ \ 1: . ,~""._ .;.r ('; ,,_... ~ .,~ l ~ J ~.;"'...," ~' -.,.' '"'\ -'/jP'l ! '<:<;" . :..J '. ,..,; \ :~" i ~6f.)~6 J INDEXED"/, , pI ~_A 'r~b ___~=.~.; aSttate ?l: ~11nt., c()untYAorl~(lial~alt:l'n'l,,~s._~~~:~d. fO~, re('c:ri-7---.--.:;-A:1J-81}g..t~1'~Js-5cteh--l- a.--n7-e---o-------s..-------..-.-. }'31' , ._.___~,__-.__~_.________.' 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