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Home My WebLink About57- Kirk Easement . '~ " . t L,: .iI' '"',: .4il "-"1 "." {"I ,f ,'!1U t_, . EASEMENT .AND RIGHT..OF..WAY AGREEMENT FOR WATERPIPE LINE THIS AGREEMENT, Made and entered into this 30th day of July " A. D. 1957, by and between MARGUERITE KIRK of Newark, New Jar sey part~ of the first part, hereinafter called the Grantor__, and THE CITY OF BOZEMAN, a munioipal corporation of the State ot Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, The Grantor 1s the legal record title owner of portions of the wi wi Section 12, T 3 S, R 5 E, MPM ; and vVHEREAS, the Grantee, in the exercise of its power and authority 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 which proposed waterpipe line would run acroas the Grantor~ land; and WHEREAS, the Grantee desires to acquire from the Grantor__, and the Grantor 18 willing to grant to the Grantee an easement and right-ot..way across the above described property ot the Grantor__, and her heirs, executors" administrators, suocessors and assigns, for the purpose ot install- lng, operating, using, re~alring, replaoing, maintaining and removing said waterpipe line, and for such other rights of acoess and incidental rights 88 are hereinafter described, all as hereinafter more particularly provided. NOW. THEREFORE, in consideration of the sum of $----56.00, in hand paid by the City of Bozeman, the receipt whereof is hereby acknowleoged, and in further oonsideration of the covenants and agreements between the parties hereto, the Grantor has granted, bargained, sold" conveyed. and confirmed, and by these presents dooshereby grant. bargain, sell. convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges foreverl 1. .A perpetual easement and right.-of..way for the purpose of installing, operating, using, repairing, replacing" maintaining aod removing a waterpipe -1- ~ ")::~ 1.7 t!\FE44,1 line and appurtenances thereto upon and across the above described property of the Grantor, said easement and right..of-way to oonsist of a strip of land thirty (30) feet in wi~~h lying and being fifteen (15) feet on each side of the follow.. ing described center line: Beginning at a point, which point is south along the west line of Seotion l2, T 3 S, R 5 E, MPM, a distanoe of 237 feet from the west t corner of said Section 12; thence N65034'E, a distance of 298.8 feet; thence N69004'E, a distance of ll8l.6 feet to the east line of the swf, NIt of said Section 12. A total distance of 1480.4 feet, or 89.72 rods, or 0.28 miles. 2. The perpetual right of ingreu and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing" replaoing and maintaining said waterpipe line and appurtenances thereto and for the removing of same if and when desired by the Grantee, its Buccessors and assigns; TO HAVE AND TO HOLD the above described right..of..way with all the appurtenances and privileges unto the said Grantee and to its suocessors and assigns forever. The Grantee hereby oovenants and agrees with the Grantor as follows: 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 oondition 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 trenoh area to a depth of one foot, or to the full depth of the top- soil, whichever is less" and stockpile said topsoil away from the remainder of the excavated 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 exoavated material or any kind of debris that may have been exposed by the exoavation and remaining after backfilling is oompleted. and will leave the finished surfaoe in substantially the same condition that existed prior to the beginning of operations. exoept that the surface of baokfilled areas may be mounded suffioiently to prevent the formation of depressions after final settlement has taken place. 3.. To install said waterpipe line at such a reasonable depth below the sur- face of the earth as will permit 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 traot through whioh this right-of..way is hereby granted.. 5. That upon oompletion of construotion and installation of said waterpipe line the Grantee will pay to the Grantor" in addition to the above specified money consideration for this easement" the sum of Six Dollars ($6.00) per lineal rod measured on the centerline of the right-of-way for damages to the premises by virtue of the Grantee's entry thereon; and in tbeevent that the Grantee enters said prem~ses where orops are growing prior to September l5, 1967, the Grantor shall be paid in addition to said Six Dollars ($6.00) per rod, One Hundred Dollars ($100.00) per acre for orop damage to grain orops, One Hundred Dollars ($100.00) per acre for damages to irrigated pasture land and Fifty Dollars (i50..00) per aore for crop damage to hay lands. The payments herein speoified for damage to premises and crops shall be and constitute fUll payment to the Grantor for any such damage oaused to the Grantor's lands and current orops, 8.S 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 reenter the Grantor's premises for the purpose of repairing, replaoing, maintaining or removing said waterpipe line, the Grantee will reimpurse the Grantor for any actual damage done to the Grantor's premises or crops. - 2 .. ". , .. 1 ' J: ~ q{ 1 '.', I '14'" ~... ~'" I _, I f 'ACt i. ., .] The Grantor hereby covenants and agrees with the Grantee as follows: 1. That at no time w111 she build, construot" erect or maintain any permanent struoture over or above the said waterpipe line unless suoh structure is built. constructed and maintained in such a maDner that it would Dot interfere with the operation, use, repair, maintenanoe, replaoement and removal of said water- pipe line. 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. That she is lawfully seized of said premises; that she has good right and lawful authority to sell the same and that she and her heirs, exeoutors, administrators, successors and assigns" shall warrant and defend the title to said premises unto said Grantee" and its suooessors and assigns forever, against the lawful olaim and demand of all persons whomsoever.. It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administrators, suooes~ sora and assigns of the Grantor and upon the suocessors and assigns of the Grantee. Dl WITNESS WHEREOF" the Grantor has hereunto set her hand and seal and the Grantee" The 0ity of Bozeman" has hereunto set its hand, by its Mayor and i tB Cl'erk of the City Commission" eaoh thereunto duly authorized, and has oaused its corporate seal to be affixed. all on this 30th day of July " 1957. ..-".- ._,....,. /'. 'L~ D - , '..." , , ~ <,~;;~ ~~'..i//~( 10 _.: \ ,. ..~'~_J .~'........f THE CITY OF BOZEMAN .,....--.. ~ '~- .. . i - r>~.~, ~ . AT'TEST: , ~. "J,...>//->>~ /' ~ . "L:)G:"::i~:Ai:~~~ Clerk of the City Commission ~/_..-~.---;7 ~ "'.'.".":"..,,':~/;S~-.:~.~:j., ,(~'.._-~_._..."'.'.' _" I 1=nr/'/://</ /','" ,.,'/ '/", ..' ----/, ",-1,//.0, {,;. / ~.c. ~/.?"f ....;...../. /...", -, ,1,- ';"CI..,_<"./ ( ( OLD M. SWANSON, 'Mayor APPROVED, ~- c.. r/. DAN R. LOVELACE City Attorney L) - -. STATE OF MONTANA ) , 8S County of Gallatin) On this 30th day of July " 1967" before me, the undersigned a Notary Public for the State of Montana, personally appeared MARGUE RITE KIRK known to me to be the person deaeribed in and who signed the foregoing instrument as Grantor and acknowledged to me that she had executed the same freely and voluntarily" for the uses and purposes therein expressed. IN WITNESS WHEREOF" I have hereunto set my hand and affixed my Notarial - 3 - .(~ 4_' --<< ,- ?UUK 1"/ " Af'i _. t r~Gtltl.f J Seal on the day and year in this Certif'icate first above written. , , .J \ Notary Pu io Residing at My Commission expires .T:::mll::Jry 14. 1 fl58 STATE OF MONTANA ) : sa County of Gallatin ) On this 14th day of Au'wst , 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 Cit,y 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 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. " .. ~.-...... " _lfiG1-9 ,..-.',. 1./ SLtc or ~:~);'I1., ('Ol1llty of (;,,!bllll sc;, Filed, for l".': 'In],_ -, A.l.l}i~:':l:~ii1'".-:L5Y'~ln::-n-"nnm'---"" ." ~: L, _ '___ ,_~ 3.!:t._, _ n___' A_. ~.L, e, nd r' c'-;"(\'(~ Ll J,\~,-, f ,17". c~____!gf,~~_,--_~J3()~'~n poge4-43-,- '__'n'~'~_~~__~~~_~~ on n.__________,__.Hecorder. By tf::6..r- .<'. ~ ,f'.r._,,:}L~LkA:L~_J--Dc pu ty. . . Rt: City of Bozeman .4-