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HomeMy WebLinkAbout57- Kraft Easement .. .' "''' ~ . ~ '~::K 17 P/iGf 4:]5 EASEMENT AND RIGHT..OF..W1>Y AGREEMENT FOR WATERPIPE LINE THIS AGREEMENT, Made and entered into this 6th day ot Augus t ,A. D. 1957, by and between ',~!.f l\ ~~, m.., ' ,:~i':.~.'. :, ,T., r..,~ j~,11-' !"T1,I,' "',-.!"i ~'~,: I ,.> i<jw . ~,.. , '.. ifi G ' ___0 ~ ~_.I_ _~_.>.~ "\~L:~.'.~,";.,_"i.;,7.:~ .L~..:-I..:'\~,~;"..J,', .'_~' ~~c)zeT"~&l':l, . O'i'".ItE1I1.FJ, !".:u;:)-c~:j.'t1,5 ,~3.!"~,(~ f~",/irE.., ,-'.,'~ 4~i.~~t -:~'~.,:;':: J,,(-; part~ of the first part, hereinafter oalled the Grantorli.-' and THE CITY OF BOZEMAN, a munioipal oorporation 01' the State or Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, The Grantor..2.- 2re the legal record title owner.J;L of portions o t the ::: ii':', 0 l~ ::). ,., c t ~. ,"0, ',,', ), ]" U.W.q_ - To......., --"- --,.~ t f 3 St R 5 ~. MFM ; and WHEREAS, the Grantee, in the exeroise of its power and authority as a municipality of the State of Montana, proposes to oonstruct and install a waterpipe line tor munioipal water supply from the mouth of Hyalite Canyon Southwest of the City ot Eozeman 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 aoquire from theGrantor~, and the Grantors s.rc willing to grant to the Grantee an easement and right-or..way across the above desoribed property of the Grentor.JL' end th:ci.c heirs, .xeoutors" administrators, successors and assigns, for the purpose of install- lng, operating" using, reI-airing, replaoing, maintaining and removing said waterpipe line. and for such other rights of access and inoidental rights 88 are hereinafter deaoribed. all as hereinatter more particularly provided. NOW, THEREFORE, in oonsideration of the sum of $-'--1:",~.c8, in hand paid by the City of Bozeman, the receipt whereof is hereby acknowleoged, and in further oonsideration of the oovenants and agreements between the parties hereto, the Grantors have granted, bargained, sold. conveyed, and oonfirmed, and by these pre8en~ de hereby grant, bargain, sell, oonvey, and oonfirm unto the said G~tee and its successors and assigns the tollowint rights and privileges forevera 1. A perpetual elUlement and right-of-way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a waterpipe -1- " i(!.U .. '~'I" () f) 1 ; i,Yll;t Cr' ) line and appurtenance. thereto upon and across the above desoribed property ot the Grantor S , said easement and r ight..of-way to consist of a strip ot land thirty (30) fee;-in width lying and being fifteen (15) teet on each side ot the tollowins described center linea Beginning at a point, which point 1s east along the south line of Section 11, T 3 S, R 5 E, MPM, a distance of 133.5 feet from the south t corner of said Section 11- thence N2lo08'E, a distance of o 1662 feet; thence N65 34'E, a distance of 1973 feet more or less to the east property line of sa id parcel of land. A total dis tance of 3635 feet, or 220.30 rods, or 0..69 miles. 2. The perpetual right ot ingress and egress to and from said tract ot land at all reasonable times for the purpose of installing, operating. using" repairinc, replacing and maintBinin~ said waterpipe line evd appurtenanoes thereto and for the removing of same it and when desired by the Grantee, its sucoessors and assigns; TO HAVE AND TO HOLD the abovp. descdbed rignt-of-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 GrantorS as tollowa: 1. That, in conneotion with the installing, operating, using, repairing, replacing, maintaining and removing of said waterpipe lL~e 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 cODdition 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 excavation, it will remove the topsoil from the trench 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 ot 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 rooks or surplus excavated material or any kind of debris that may have been exposed by the excavation 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, exoept that the surface of baok.. tilled areas may be mounded sufficiently to prevent the formation of depres- sions after final settlement has taken place. 3. To install said waterpipe line at suoh a reasonable depth below the sur- faoe of the earth as will permit normal oultivation of the ground. 4. To operate, use and maintain said waterpipe line in such maDner as will not hinder or prevent the proper cultivation of the tract through which this right-of-way is hereby granted. 6. That upon oompletion of construction and installation at said waterpipe line the Grantee will pay to the Grantor S , in addition to the above speei.. fied money oonsideration 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 the event that the Grantee enters said premises where crops are growing prior to September 16, 1967, the GrantorS Shall be paid in addition to said Six Dollars ($6.00) per rod, One Hundred Dollars ($100.00) per acre for crop damage to grain crops, One Hundred Dollars ($100.00) per aore for damages to irrigated pasture land and Fifty Dollars ($60.00) per acre for crop damage to hay lands. The pay.. ments herein specified for damage to premises and crops shall be and constitute full payment to the Grantor S for any such damage caused to the Grantor~ lands and current orops, as-an incident to the initial construotion and installation ot the waterpipe line. 6. In the event that it should become neoessary for the Grantee to re-enter the Grantor~ premises for the purpose of repairing, replacing, maintaining -2- " . ~ ''':''iI 1 { ~'N;t 4:~J7 or removing said waterpipe line, ~e Grantee will reimburse the GrantorS for any actual damage done to the Grantor~ premises or crops. The GrantorS hereby covenant and agree with the Grantee as follows I - -- 1. That at no time will they build, construot, erect or maintain any per.manent structure over or above the said waterpipe line unless such struc- ture is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance, replacement and removal ot said waterpipe line. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor S or the ir sucoes.. - aora and assigns. 3. That ~ are lawfully seized of said premises; that they have good rightaii'Crlawful authority to sell the same and that th ey and tbeir heirs, executors, administratorsl successors and assigns, shall warrant and defend the title to said premises unto said Granteel and its successors and assigns foreverl against the lawful claim and demand of all persons who~ soever. It is understood and agreed by and between the parties hereto that thi8 Agree.. ment shall be binding upon the heirs. exeoutors, administrators, sucoessors and assigns of the Grantor S and upon the successors and assigns of the Grantee. - IN WITNESS WHEREOF, the Grantor s have hereunto set tt,eir hand S and seal S and the Grantee, The City of&zeme.n, has hereunto set its han~by it. Mayor-ind its Clerk of the City Co~nission, each thereunto duly authorizedl and has caused its corporate seal to be affixed, all on this 6th day of Au,;us t . 1957. ~ (iJ. J(~ 7tWvv&::i... 7c::.. 1J I THE/~~~?F ~:o~~~_ (~=::~/~,. 0/ ~~:1:~C;:;o~4t4, / ATTEST: /J ./ /.,/ i:C~~'A--~~ - . ~. S AN, Clerk of the City Commission APPROVED, ~ ~. ~ ~t-~, D R. LO EUiCE City Attorney STATE OF MONTANA Gallatin ) . ss ) County of On this 6th day of AUf1;ust I 1957# before mel the undersigned a Notary Publie for the State of Montena , personally appeared WALTER KRAFT and 1ffiRRETTA KRAFT ---- known to me to be theperson~_' de~cribed in and who signed tile foregoing instrument as Grantor.!L- 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 my hand and att'ixed m::/ Notarial -3- " \-.: ." . '~ ~')o t'i iW;F,:,jn Seal on the day and year in thisCertiUcate first above written. ; ~ .," )0 ,.'1", I , , , . .... . '", ,~/ ~ ~i l,~ STATE OF MONTANA ) ; as County of Gallatin ) On this 14 th day of ~UR;u:3 t ,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 respeotively, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certifioate first above written. ........ "' ,') ". "' { ~ / ,. ~ . 'f'" :C~\(,- . -- .~-.... na exp~res 1.900 'j I t6(i17 "I' I ,,' -_:',','~=,"~~_.~-] {..., t, ,t" '\/1--" t {", t "f C",']""tj'11 f;" ",'j'l"f1 fn" 1'('(':11'.-1 AusYllst 15th '. ...:,Ca. ,(. L. J Oil " ,~cun.y OJ. ,d l,.,. , , ~,', J.'"c ,'.. __, .__.____________g_~___,______..A,..-,....--------. ....... , ,I,.. 8L,______..2.,;1~___,_'m___.__A.. .1\1" and ri'Corc:cc.l i:l 1>lu'. ,J 7->+, o[mJ.1i_~icel+?-ne'ous___ r",r;-:,435. Recorder. By L*~'~~f!.LL__tf_{t;.~f::~~L-:.t:J;ci~:'::'~-DClJtl L: ' E~r =!-~Y[~t~.on ___n___'..."____.. .~ Rt: City of Bozeman -4..