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Home My WebLink About57- Kraft Easement and Right of Way .. ~ . .,. -1 ,. / " ~ .) P J I :'(:17[, ii .).J EASEMENT AND RIGHT..OF..WlIY AGREEMENT FOR WATERPIPE LINE THIS AGREEMENT, Made and entered into this 6th day of Augus t , A. D. 1957. by and between EARL C. KRAFT and MELVA MAE KRAFT, husband and wife. of Bozeman. Montana partie. of the first part, hereinafter called the Grantor~, and THE CITY OF BOZEMAN, a municipal oorporation of the State of Montana, in Gallatin County, the party of the seoond part, hereinafter called the Grantee. WITNESSETH; WHEREAS, The Grantor!.,. are the legal record title owner~ of portions of' the NE~ NE~ SEt of Seetian 11" T 3 S, R 5 E, MPM . . and \VHEREAS, 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 which proposed waterpipe line would run aoross the Grantor~ land; and WHEREAS, the Grantee desires to acquire from the Grantor!-, and the GrantorS are willing to grant to the Grantee an easement and right-ot..way across the above described property of the Grantor!..., end th eir heirs, ,xecutdrs. administrators, successors and assigns, for the purpose of install.. lng, operating, using. refalring, replacing, maintaining and removing said waterpipe line" and for such other rights ot access and inoidental rights 98 are hereinafter deecribed. all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $----50.00, in hand paid by the City of Bozeman" the receipt whereof is hereby acknowledged" and in further consideration of the covenants and agreements between the parties hereto, the Grantor~ have grant~d, bargained, sold, conveyed, and confirmed, and by these presents dO hereby grant. bargain, sell, convey, and oonfirm unto the said Grantee and its successors and assigns the following rights and privileges forever: 1. A perpetual easement and right-of..way tor the purpose of installing, operating, using, repairing, replacing, maintaining and removing a waterpipe -1- ,; ; 17 rAGF440 line and appurtenances thereto upon and across the above desoribed property of the Grantor s , said easement and right-of-way to consist of a strip of land thirty (SO) feet in width lying end being fifteen (lS) feet on eaoh side of the following desoribed center line: Beginning at a potnt, Which point 1s sou th along the east line of Section 11, T :3 S, R 5 E, MPM, a distance of 237 feet from the east i corner of said Section 11; thence S65o:341W, a distance of 208 feet more or less to the west property line of said parcel of land. A total distance of 208 feet, or 12.60 rods, or 0.04 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, repairine, replacing 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-of-way with all the appurtenanoes and privileges unto the said Grantee and to its successors and assigns forever. The Gral1tee hereby covenants and agrees with the Grantor s as follow.: 1. That, in oonnection with the installing, operating, using, repairing, replacing, maintaining and removing of said waterpipe line it will replace, at its sole expense, all existing fenoes, ditches 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 as shall be reasonably possible. 2. That, durin~ 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, whichever is Ie ss, and s tookpile 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 trenoh. 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 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, except that the surfaoe of back- filled areas may be mounded suffioiently to prevent the formation of depres- sions after tinal settlement has taken place. 3. To install said waterpipe line at suoh a reasonable depth below the sur. faoe or 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 tract through which this right-or..way is hereby granted. 6. That upon completion of construction and installation of said waterp1pe line the Grantee will pay to the Grantor S , in addition to the above speoi.. fied 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 the event that the Grantee enters said premises where orops are growing prior to September 15, 1957, the Grantors shall be paid in addition to said Six Dollars ($6.00) per rod, One Hundred Dollars ($100.00) per acre for crop damage to grain crops, One Hundred Dollars ($lOO.OO) per acre for damages to irrigated pasture land and Fifty Dollars ($60.00) per aore for orop damage to hay lands. The pay.. menta herein specified for damage to premises and orops shall be and constitute full payment to the Grantor:! for any such damage caused to the Grantol'B I lands and current crops, as-an inoident to the initial construotion and --- installation of the wsterpipe 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.. ,- . ,.. . . . :<LI< 17 iJ,Gt 4 41 or removing said waterpipe line, the Grantee will reimburse the GrantorS for - any actual damage done to the Gr8ntor~ premises or crops. The Grantors hereby covenant and agree with the Grantee as follows I - -- 1. That at no time will the~ build, construct, erect or maintain any permanent structure over or a ove the said waterpipe line unless such strue.. 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 line. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor.!!.- or thei r sucoes- sors and assigns. 3. That they are lawfully seized of said premises; that they have good right and lawfui authority to sell the same and that tl1e~ andtheir heirs, executors, administrators, succecsors and assigns, aha 1 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 whom- soever. It is understood and agreed by and between the parties hereto that this Agree.. ment shall be binding upon the heirs, exeoutors, administrators, successors and assigns of the Grantors and upon the successors and assigns of the Grantee. - IN WITNESS WHEREOF, the Grantor s have hereunto set th eir hand sand seal s end the Grantee, The City of&zene.n, has hereunto set its han'Ci";-"by it. Mayor-ind its Clerk of the City Cownis3jou, each thereunto duly authorized, and has caused its corporate seal to be affixed, all on this 6th day of A U:Z;Uf:l t , 1967. /~J C~/~~#7' ~ c;7h~P/ ~ / THE CITY OF BOZEMAN ( ~~:~: ~~1'i <lAte ATTEST:, ' '~~:k# ~ G>~"~~ L.. AN , Clerk of the City Commission APPROVED I 21m~~ p -. City Attorney STATE OF MONTANA ) as COlln ty of Galla ~ in On this 6th day of Au~ t ,l967, before me, the undersigned a Notary Public for the State of' Montana , personally appeared _ EARL C.. KRAFT and M.~VA MAE KRA1"T known to me to be the pe!'sQl:.:.s dercribed in and who sig;ne-l the foregoing instrument as Granto~,_ and-acknowledged to me that they had executed the same freely and voluntarily, for the uses and purposes therej,n expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed rq Notarial ..3- .,: [] l \ 44"-: ~ .,., .. . , .' 3iJUK 17 PAGE442 Seal on the day and year in this Certificate first above written. -. , Notary Pu ic Residing at Bozem MY Commission expires .. :~ ~~ .. . I " ~ " , .0 " t' -; 1:" STATE OF MONTANA ) t 88 County of Gallatin ) On this 14th day ot Awsust , 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 he the Mayor and Clerk of the City Commission respectively. of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged 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 ~ Notarial Seal on the day and year in this Certificate first above written. ,l \ :t6n:18 _,...n" ,~,~-,""--":~~~,r ;"ll'~'" ,.,",~' '\ li\l"D J1 ";,::..:.::-;.....,--'''"'''' , \',...~.:_'...--!"."m~.,.,~';\ ~...,. ~ " ", \'I'"lll P'" Filed ff;,' l'i"";I'(J-- __ .. ~Uf';ust,:J-5,t,h -- ~957 _" ... .,[ """..",, l'Oll"")1.V D.I ~.".lUL' J . ',," f' .', .1'7", ,', ",.,.'- cr,",I'4~-8,c.,'"_,'.e"l,,l,.an~ou' e-., ;<1:_> ,4:39,- ~"jl(H.c 1...1, A!'~'3"3I.'7 \. ";A~' "'1 .) ~'(('or.'1(.I'~ ]"'1 'r- 0 <-1,t.._____"__:?,~:__"_'"_. -,-,- _"011., ,\HCl 1, "~,,,, ,/ '-~(::-.. "I,~:, :f ",,/, / -;<';'c~:.'. }"' '''*', /.--'1---..'t--........""~-~P::.:...j'_c:!-d::!:~f::~~-:-~-'~<-~;.----_--_..-l '. y __.___.,~~!:,J:,-.W~l:tsln------- I~ecQ1\lcr'. :J 't.-~;.<--------' Rt: City of Bozeman -4-