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Home My WebLink About57- Klemme Easement .. ~ .. . -. \~ ~ ';., ...~\ ;.. , t -,j ;:_;' ~ ,. j EASEMENT AND RIGHT..OF..WAY AGREEMENT FOR WATERPIPE LINE THIS AGREEMENT, Made and entered into this 5th day ot Au'~ust, A. D. 1957, by and between l'i. G. ~.'~I J .~~~',,:rO\, ~ .i~; a ~'J (1 ~~ C '~.: I S T~ ~". T~T_, I~" '""". ~ .~:;) YrJ.s'hanc'o, nc; 'IV 11'8, of>.:;', '-~'J" C al i 1'0':']:" !,:", partj,;:; of the first part, hereinafter called the Grantor.:::-, and THE CITY OF BOZEMAN, a munioipal oorporation of the State ot Montana, in Gallatin Coun~, the party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, The Grantor,L are the legal record title ownerlL of portions of the ~\T~ .:t ci' :2 (G t::i~:: ..:t. l~) , , ~ - ~ '-', i::',' 0 B, lI'.'r-"!" ; and v~" 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 Ryali 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 aoross the Grantor2- land; and WHEREAS, the Grantee desires to acquire from the Grantor~, and the Grantor s are willing to grant to the Grantee an easement and right-of..way across the above desoribed property of the Grantor..:::...., andclwL' heirs, exeoutors, administrators, sucoessors and assigns, for the purpose of install. lng, operating, using, re~air1ng, replacing, maintaining and removing said waterpipe line, and for suoh other rights of access and incidental rights as a~e hereinafter described, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of .----5~.;.:)C, in hand paid by the City of Bozeman, the receipt whereof is hereby aCknowlett'ged, and in further consideration of the oovenants and agreements between the parties hereto, the Grantors lj:),'} .~'. granted, bargained, sold, conveyed, and confirmed, and by these presents co hereby grant, bargain, sell, convey, and confirm unto the sald Grantee and its suooessors and assigns the following rights and privileges foreverz 1. A perpetual easement and right-of-way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a waterpipe .1. SOUi< 1'/ PtlGf 484 line aDd appurtenanoes thereto upon an. aorol. the above de.cribed property ot the GrantorS, sal. ee.eement and rlght..ot-way to condst of a strip ot 1e. thirty (30)reet in width lyiq and bein, tlfteen (15) teet on each dde of the followiDg deloribed oenter linea Beginning at a point, which point is east along the north line of the SWt NEt Section 19, T 2 S, R 6 E, MPM, a distance of 365.7 feet from the northwest corner of said swi NEt Section 19; thence S19036'E, a distance of 1394.5 feet to the soutt line of the NEt of said Section 19. A total distance of 1394.5 feet or 0.26 miles. 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 repairing, replacing and maintaining said waterpipe line and appurtenanoes thereto and for the removing of .ame if and when desired by the Grantee, its sucoessors and assignl; TO HAVE AND TO HOLD the above described right..or..way with all the appur.. tenences and privilegel unto the said Grantee and to its sucoessors and assigns forever. The Grantee hereby covenants and agrees with the Grantor~ al followsl 1. That in oonnection with the installing. operating" using. repair-- ing, replaoing, maintaining and removing of said waterpipe line it will replace, at its sole expense. all existing fenoes, ditohes end other appurtenances of said land that may be disturbed by its opera- tion in a condition equal to the oondition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible, and in the event that the same cannot be so replaced 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 from the site any large stones or any kind of debriS that may have been exposed by the exoavation and remaining after baokfilling 1s oom- pleted; and shall leave the finished surfaoe in substantially the same oondition that existed prior to the beginning of operations, exoept that the surfaoe of backfilled areas may be mounded suffi- ciently to prevent the formation of depressions after tinal settle.. ment has taken plaoe. 3. To install sald waterpipe I1ne at suoh a reasonable depth below the surface of the earth al will permit no~l cultivation of the ground. 4. To 9perate, use and maintain said waterpipe line in suoh a manner al will not hinder or prevent the proper oultivation of the traot throu,h whioh this right-of..way il hereby granted, it being under.. stood that the GrantorS shall be reimbursed in full by the Grantee tor any aotual damage dOne to the orops or the premises by virtue of the Grantee's entr,y thereon. The Grantor 8 hereby oovenant and agree_ with the Grantee as tollows; - - 1. That at no time will they build. construot, ereot or maintain any permaneat Itruoture over or above the said waterpipe line unless such structure ia built, oonstructed and maintained in suoh a manner that it would Dot interfere with the operation. use, repair, maiatenance, replaoement and removal ot said waterpipe line. -2.. .1 2.. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantors or tll A irsuccessors and assigns.. ~rln~ 1..'\.'., A f l' .- , , Ul1l':L '-'r';' ') l/'i..ll ,.\', f .. -- 3.. That tllS'S are lawfully seized of said prem1seSJ that tl.:C:T ll!?V? good right and lawful authority to sell the same and that Ci,ey and t:~ f' Lr 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 cf 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, succes- sors and assigns of the Grantors and upon the suocessors and assigns of the Grantee. - IN WITNESS WHEREOF, the Grantors ha7E: hereunto Bet':"leJr hands and sealS and the Grantee, The City of BOzeman, has hereunto set its hand~y its Mayor and its Clerk of the City Commission, each thereunto duly authorized, and has caused its corporate seal to be affixed. all on this 5th day of Au,'wst ,1957. ,r fi.:t. ~. ~ hL. 1~~vL~LX---' - E- .P~' . , . , , THE CITY OF BOZEMAN ~_ By ~~_. /! '/)/ ( / ~ ~:::i!1:/till/;Y---'//,; ) dl4it $fe'l OL M..... Mayor ;; ATTEST; ~~ 'L. G. . Clerk of the City Commission APPROVED&~ _ . ~ ~ DAN R. L~.ACE City Attorney STATE OF MONTANA ) I ss County of Galla tin ) On this 5th day of August . 1957, before me, the undersigned II Notary Public for the State of Montana . personally appeared B.. G. KLEMME and LOUISE M. KLEMME known to me to be the persons described in and who signed the foregoing instrument as Grantors and acknowledged to me that tl~,('y 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.. ~ , . ..:: J / P/:lii" 4 un Seal on the day and year 1n this CertiHcate first above written. 'I>'., .,.~, ~~"~ ,~ ,.t tw-, ,. ~ \ '" C: L", I, ., Notary Public for the Residing at Bozeman ~ Commission expires -----, ... - " \ i) 960 . . ..... 1,. ~ r ~ ~ . ~ . - , ...~ ," STATE OF MONTANA ) : 88 County of Gallatin ) On this 14th day of Au';;ust ,l957, 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 aoknowledged to me that they exeouted the same for and on bena1f of said City. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certifioate first above written. .n ~': fp :"",,' ~~,:>>>' ' .." -..; <~ :~;, . ~,;..,\, T!~ f? r\C:' '.. ,.. ,~ l ;, {" : '( , j.t '/ ,',' "",\)- ~' . . wR:L \, .:,,: ., 0" ., ' ,. .' ~;::~~ t~~; ~~rti~~~o~na My Conunission expires /y" tJr-J!J1UL.tr41,. 1 -:::-"0 I ..... , . '""~"" ~ ~. ( r .~ '1 {" ....";/1 .. ,'lJ { "' ',"':: INDEXED PLAT'l'liJD State of Mont., County of Gallatin. ss, Filed for re('ord__c__c_--,c_______~;-~--~~--~~~g;~~~---~6Lm-------^ , 1957 at_m'4~_4Q".E-.-, 'm' 1\1., ~,l(l r~c(~J(~ccl j~l reiO':: m_J.,7,m_ o~')O,.)2_c_.e~11anJ~,QJ.l::Lm PGC- ,493- _---,----,--~1~E1--'{{A1 Tc~~L..________. He corder . 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