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HomeMy WebLinkAbout57- Langohr Easement ...., , . II ~) 1. " f,')" 1':' ,,/ : ~ 1)~r,F _ E.ASEMEN'f ANt> RIGFT..OF..WJ..\.Y AGREEMENT FOR WATERPIPE LINE THIS AGREEMENT, Made and entered into this 21 th day of November. A. D. 1957, by and between DON M. LANGOHR and FLORENCE LI. LANGOP.Jt. husband and wife, and DON J\~. LANGOHR, JR. and PATRICIA D. LA::mOHR, husband and wife, all of Bozeman, Montana part~sof the first part. hereinafter cal~ed the Grantor~, and THE CITY OF BOZEMAN, a munioipal corporation of' the State of Montana, in Gallatin County. the party of the second part. hereinafter called the Grantee. WITNESSETH: WHEREAS, The Grantor~ are the legal record title owner~ of portions of the NW Quarter of Secti9tJ. 18. T 2 s. R 6 P;,fYiPM ; and ~v.HEREAS, 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 Eozemar- in a Northeasterly direction and Northerly direction to the said City of Bozeman. ~ portion of which proposed waterpipe line would run across 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-of-way across the above described property of the Grantor~. and their heirs, executors, administrators, successorS and assigns. for the purpose of install.. 1ng, operating. using. re~airing. replacing. maintaining and removing said waterpipe line, and for such other rights of access and incidental rights as are hereinafter described, 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 s have granted, bargained, sold. conveyed, and confirmed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its sucoessors and assigns the following 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.. ;-;f\( L~ 1" JI ""," c",r"" , ) f,'1'!' t7 line and appurtenaftces thereto upon and across the above described property of the Grantor s , said easement and right..ot-way to consist of a strip of land thirty (30) teet in width lying and being fifteen (15) feet on each side of the following described center line: Starting at a point, which point is on the westerly right-of- way line of the Chicago, Milwaukee, st. Paul & Pacific Railroad Company, and is the northeast corner of the said property of the Grantors, thence west along the north line of said propertJT a dis- tance of 178 feet, more or less, to the point of beginning; Thence S00030IE, a distance of 319.5 feet, more or less to the westerly right-of-way line of the Chicago, :Milwaukee, st. Paul ,!>~ Pacific Railroad Company. A total distance of 319..5 feet, or 19.36 rods, or 0.06 miles. 2. The perpetual right of ingress and egress to and trom said tract of land at all reaspnable times for the purpose of installing, operating, using, repair- ing, replae~ng and maintaining said waterpipe line and appurtenances thereto and tor the removing of same it and when desired by the Grantee, its sucoessors and assigns) TO HAVE ~D TO HOLD the above described right-of..way with all the appurtenances and privileges unto the said Grantee and to ita successors and assigns forever. The Grantee hereby covenants and agrees with the Grantor~ as follows: 1. That. 1n 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 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, during operations involving excavation, it will remove the top.. soil from the trench area to a depth of one foot, or to the full depth of the topsoil. 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 excavated material or any kind of debris that may have been exposed by the excavation and remaining after backfill. ing 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 backfilled areas may be mounded sufficiently to prevent the fonnation or depressions after final settlement has taken place. 3. To install said waterpipe line at suoh a reasonable depth below the surface of the earth as will pennit 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-of-way is hereby granted. 5. That upon completion of construction and installation of said waterpipe line the Grantee will pay to the Grantor s . in addition to the above speci- fied money consideration for this easement. the sum of One Dollar and Fifty Cents ($l.50) per lineal foot for the first one hundred (lOO) feet. One Dollar ($1.00) per lineal foot for the second one hundred (100) feet, and Seventy-five Cents ($0.75) per lineal foot for the balance of the footage crossing the property of the Grantor s as measured on the centerline of the right-of-way, for damages to the premISe5 and crops by virtue of the Grantee's entry thereon. The payment herein specified for damages to premises and crops shall be and constitute full payroent to the Grantor~_ for any such damage caused to the Grantors' premises and current crops. as an incident to the initial construction and installation of the wQterpipe line. G. 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- ~ ",' .. ,. :. ~m:K , ,0 I >) r~;^i [',1' r.'.' , n J ' t,_ or removing sdd waterpipe line, the Grantee will reimburse the Grantor 8 for any actual damage done to the Grantor~ premises or crops. - The Grantors hereby covenant and agree with the Grantee as follows a - -- 1. That at no time will thet;: build, construct, erect or maintain my per.manent structure over or a ove the said waterpipe line unles8 such struo- ture is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenanoe, replaoement 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 s or their sucoeS.. sors and assigns. 3. That they are lawfully 8ei~ed of said premises; that they have good right and lawful authority to sell the same and that they and thetr heirs, executors, administrators, suocessors and assigns, shall warrant and defend the title to said premises unto said Grantee, and its sucoessors and assigns forever, against the lawful claim and demand of all persons who~ 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 a8si~ns of the Grantor-!- and upon the successors and assigns of the Grantee.. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals and the Grantee, The City of Eozeman, has hereunto set its han~by it_ Mayor-Qnd its Clerk of the City Commission, each thereunto duly authorized, and has caus~d its corporate seal to be affixN-' all on t~i~ ~l th . yep ..of November , 1957. ~"~ 111 'M,t~1/if1/_ ' . ~, U::~ - . , THE CITY OF BOZEMAN (~ BYc?~~~~'l .ARNOLD M. , Mayor -, A'lTEST: ,',' /'" , ,c',,::-, /' ~( '7'-) J-I.~,r::, ::' E {~~~'~A_-PZ:-~-zZ-T!/' Clerk of the City Commission APPROVED, -~ Q. / ~ - D~ R. LoviLlCE- City Attorney STATE OF MONT~A } : S8 County of Gallatin ) On this 2J~day of 1l~, 1957, before me, the undersigned a Notary Publio for the State of Montana , personally appeared DON M. LANGOHR &= F1.0~CE M. LANGOHR, husband &= wife, & DON M. LllliGOHR, JR., &= PATRICIA D. LANGOHR, husband .& wife known to me to be the pet"son s -C:ercribed in at!o. who signed. tile foregoing instrument as Grantor 8 and-ackncwledged to me that they :lO.d executed the same freely and voluntarily" for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed mf Notarial ..3- ,r-' . ';( /j " , " .I, <~", :' . f'I ,'" .. .) i'/d ,r .~, U I .J Seal on the day and year in this Certificate first above wrl tten. ~~1d~' Notary Pub io for e ita te 0, Montana Residing at Bozeman14: lantana My Commission expires .(...i I ~~ 19'!J.-~ r STATE OF MONTANA ) t as County of Gallatin ) On this 2l th day of November , 1957, before me, the undersigned, a Notary Publio 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 C1 ty Commission respectively, of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that they exeouted the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed 'Itt'/ Notarial Seal on the day and year in this Certificate first above written. oary Residing at Eozema My Commission exp~res ...... '\ o ~ ~_.H)- fl\ tl \\,.,\.,:J,,- ~,;'" ~ ;'~;~~;t;:t~g;~;}._- . ,.. . . ," ,. " f (."..,1.1"1.I'l' c'" '1,"i1"(1 for l'f'r'ord December 2 .' 1957 ,,<', ,1" rd, l'llY" \ Gunty 0 ..'..' ',., 1. '..'.0, , '., ,. ,,"" ----------.'-m'-------~------~-----..--l. /_ :,~ ~," "~___'" l' ; i 6,'..__,E~.., . !" :~ " \i n<:' (1;' d~ .Ii i'j 1~, c ,j ': ,_____H~______, Gf ____J1.j,_~.~H~5!ll~,lJl~_QJ.lS_ page._ --~~ ...,,_,_______.. EARL:"AL:rQJi_~,necorder. By, ~ J. m~ Deputy. FI.-t. City of Bozeman -4:-