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Home My WebLink About57- Morse Easement ; . .. .. , 1'1 ~ 'j-7 I._{. i' ~.,". .,' ~ EASEMENT AND RIGHT..OF..WAY AGREEMENT FOR WATERPIPE LINE THIS AGREEMENT, MAde and entered into this nth day ot Aup;us t , A. D. 1957, by and between :h~~.T}/i ,,-,~. ~tr,~.".....c.~,v..., '_' r"'Il~ 1 ~ '.'........m"n .~ ~ -_ ~~):..L,...:-',.J..'.-,-/.\-'!~'l..:., : C Z C f."- G~-' j ,;., '.-' :'-'J t:;;..J -(~~ :_:. 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 Gran tor - 3 the legal record title owner of portions of the 2eetic:.rL 14., T 3 .-:' r.::: ..,. ~ I,. t) .~ to ~:!1'P'>7 ; and \~, the Grantee, in the exercise of its power and authority a8 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 ofwhieh proposed waterpipe line would run across the Grantor..:1:. land; and WHEREAS, the Grantee desires to acquire from the Grantor__, and the Grantor }, S willing to grant to the Grantee an easement and right-of-way - across the above desoribed property of the Grantor_, and r-~c r heirs. .xecutdrs, administrators, successors and assigns, for the pur~ose of install- 1n" operating, using, re~a1ring, replacing, maintaining and removing said waterpipe line. and for suoh other rights of aocess and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $----50'C'.(', in hand paid by the City of Bozeman, the reoeipt whereof is hereby acknowleaged, and in further consideration of the covenants and agreements between the parties hereto, the Grantor has granted, bargained. sold, conveyed, and confi~ed, and by these presents does hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever-t 1. A perpetual easement and right-or-way for the purpose of installing, operating, using, repairing, re~lacing. maintaining and removing a waterpipe .1... -2.. . . ii,'? ;)/1i;t 4:?8 line and appurtenances thereto upon and across the above described propert,y ot the Grantor , said easement and right-of..way to oonsist of a strip of land thirty (SO) feet in width lying and being fifteen (15) feet on each side of the followins described oenter line: Beginning at a point, which point lies SlOo08'W, a distance of 2519.8 feet from the north i corner of Sectlon 14, T 3 S, R 5 E, MPMj thence S12050'E, a distance of 585.1 feet; thence S27059'E, a distance of 452.8 feet; thence S20058'W, a distance of 12 feet; thence S49047'W, a distance of 115 feet more or less to the easterly right-of-way of the Forest Service road in Hyalite Canyon. A total distanoe of 1164.9 feet, or 70.60 rods, or 0.22 miles. 2. The perpetual right of ingress and egress to and from said tract ot land at all reasonable times for the purpose of installing. operating, using, repa1rine, replacing and maintaining said waterpipe line and appurtenances thereto and tor 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 appurtenanoe. and privileges unto the said Grantee and to its suocessors and assigns forever. The Grantee hereby covenants and agrees with the Grantor___ as tollowa: 1. That, in oonnection with the installing, operating, using, repairing. replaoing, maintaining and removing of said waterpipe line it will replace, at its Bole expense, all existing fences, ditohes 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 excavation. it will remove the topsoil from the trenoh area to a depth of one foot, or to the full depth of the top- soil. whiohever 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 rocks or surplus excavated material or any kind of debris that may have been exposed by the excavation and remaining after backfilling is oompleted, and will leave the finished surface in Bubstantially the same condition that existed prior to the beginning of operations, except that the surface of back.. filled areas may be mounded sufficiently to prevent the formation of depres- sions after tinal settlement has taken place. 3. To install said waterpipe line at such 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 manner as will not hinder or prevent the proper oultivation of the tract through which this right-of..way is hereby granted. 6. That upon completion of construction and installation of said waterp1pe line the Grantee will pay to the Grantor , in addition to the above speci- fied money consid.eration 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, 1951, the Grantor 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 ($50.00) per acre for crop dwmage to hay lands. The pay.. menta herein specified for damage to premises and crops shall be and oonstitute full payment to the Grantor for any such damage caused to the Grantor's lands and current crops, as-&n incident to the initial construotion and --- installation of the waterpipe 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 ,y '"'_ ",".) '^ -.- lit ') () l :''/~t.'t, '~i'. ~,__'_ or removing said waterplpe line, the Grantee will reimburse the Grantor for any aotual damage done to the Grantor's premise. or crops. - - The Grantor_ hereby covenant-!- and agree-L, with the Grantee as follow" 1. That at no time will she build, con8truot, ereot or maintain any permanent strueture over or above the sald waterpipe line unlell 8uoh struc- ture 11 built, oonstructed and maintained in such a manner that it would not interfere with the operation, u.e, repair, maintenanoe, replacement and removal ot said waterplpe line. 2. That the Grantee may peaceably hold and enjoy th~ rights and privilegel herein granted without any interruption by the Grantor or her 8uooel- - lore and aSligns. 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, sucoessors and assigns, shall warrant and defend the title to said premises unto said Grantee. and its successors and assigns torever. against the lawful claim and demand ot all persons who~ soeTer. It is understood and agreed by and between the parties hereto that this Agree- ment shall be binding upon the heirs, exeoutors. administrators, sucoelsor. and assigns ot the Grantor end upon the suooessors and assigns of the Grantee. - IN WITNESS WHEREOF, the Grantor has hereunto set her hand and leal and the Grantee, The City of-sQzeman, has hereunto set its han~by it. Mayor-ind its Clerk ot the City Commission. each thereunto duly authorized, and has oaused its corporate seal to be affixed, all on this ~th day of Au~ t . 1957. " ../' C-~7A ..{ ;' ,1' " 1./ /"-i II ,; I ;: , ,/0. I / ," :..-1 ':'.'" . ,'''-'.'t"\. '~if ~ ;/_ ~' '.. ' ,/[,' ,""" I ' ~~ ~ ,. ,'~.~ /I ) -' .' THE CITY OF BOZEMAN ( a' . ~-"- . /</<~,/ //--; :/1;---).///'//- -- /' ,...' /.,,," (:;,,"/ ,I' '. ~' ,~ ,~ ,~ ". .,>,'c!' I (1" ~c'L- ayor , ATTEST: .L0~ Clerk ot the City Commission APPFlOVEDa C:~-fi~"' -:; (2, ~ ~. _ . LOVELACE City Attorney STATE OF ~WNTANA ) : S8 ) County ot Gallatin On this 6th day ot Augus t Publio for the State ot Montana MELVA G MOR known to me to be the person_ descr bed in and W 0 .igned the orego instrument ae Grantor and aoknowledged to me that she had executed freely and Tolunt&rl1y, tor the uses and purposes therein expressed. , 1957, betore me, the undersigned a Notar,y . personally appeared the lame IN WITNESS WHEREOF, I have hereunto let my hand and attb::ed my Notarial ...3- . .. .. 'f( 17 ;-j;Gf'130 Seal on the day and year in this Certificate first above written. ... ------'\ ........ .-.- ." ,.., ~''1 1960 ! Nota.ry ublic Residing at Mv' Commission STATE OF MONTANA ) ~ 8S County of Gallatin ) On this 14 th day of AU~;l13 t . 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 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 and on behalf of said City. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Notarial Seal on the day and year 1n this Certificate first above written. -. .- --.., , ~. <, . ' "., ".", .,'"\ ') , 't )" ,~, ja ; '.;' "...;.' , " .<'" . -_', ^'. (f H C\ " expires o "'\, .lGf)15 r;~---'-' ....-.: , ,: iDl<;XIliJ' ./' ri"70;-;~'~~----~' '.-- ,,; :::_' ",1 ll;,[J . ,.----"..--. "'----'_'- .-....1 :,r;iIC (;[ .tiLc;nto County '1 Ca!l'ltin.~:.~~IE'd.f01:)re(~Crd---.._'mAp'.gv,~~__t5~~______n_.-----------,,-~,---, W57 ICm____'!__)______n____n_.~,L, I".nd Lcc'\,L'd J..1 J..\"C. .17;.~____ oL.Miscel..1.an~~~_n_ pagc___~~i__ /- "7 ... Earl Walt.on------. __.Jteconlcr. By4:?:~<--::/:.>'I,--'<"(:~~f_~--'~~~~"':~,__J)ep'::ty. Rt: City of Bozeman .4-