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HomeMy WebLinkAbout57- Nash Easement . (, -.. ... :r:~:H,;~ )!') ,..... j I ')1"" ').'J (J J. 1,.1[1( t... ..\ EMEMENT AND RIGHT..OF-WAY AGREEMENT FOR WATERPIPE LINE THIS AGREEMENT. Made and entered into this 31st day ot July . A. D. 1957. by and between ELIZABETH NASH, and DONALD A. NASH and HELE'N A. NASH. husband and wife~ all of Boaeman. Montam. part~ of the first part, hereinafter called the Gre.nto~, 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 Grantors are the le~al record title owner s of portions - - :::;;.;;.- ; and WHEREAS, 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 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 Grentor~ are willing to grant to the Grantee an easement and right-of..way across the above desoribed property of the Grantors, and theirheirs, - txecutdrs, administrators. successors and assignsJ for the purpose of install.. ln~. operating, using. re~airing, replacing. maintainins and removin~ said waterpipe line, and for suoh 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 $---100.0), in hand paid by the City of Bozeman, the receipt whereof is hereby acknowlecr<<ed, and in further consideration of the covenants and agreements between the parties hereto, the Grantors have granted, bargained, sold, oonveyed, and oonfirmed, and by these presents do hereby grant, bargain, sell, oonvey, and confirm unto the said Grantee and its suooeSSorS 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- -2- l' ""} r: '2- [-J _ t PNif ,) _ line and appurtenance. thereto upon and across the above described proper~ of the Grantors , said easement and right-of-way to consist of a strip of land thirty (SO) feet in width lying and being fifteen (15) feet on eaoh side of the following described oenter line: Beginning at a point, which point is a dis ta nce of 861.6 feet west and 30 feet north of the Ei corner of Section 6, T 3 S, R 6 E, MPM; thence Nl?o31 'E, a distance of 2644.0 feet more or less to a point, which polnt is a distance of 30 feet west and 83 feet south of the northeast corner of said Section 6. A total distance of 2644.0 feet, or 160.24 rods, or 0.50 miles. 2. The perpetual right of ingress and egress to end from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said waterpi.pe 1 ine and appurtenances thereto and tor the r~oving 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 appurtenance. and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantor~ as follow.: 1. That. in 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 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 trench area to a depth of one foot, or to the full depth of the top- so11. whiohever is less, and stockpile said topsoil away from the remainder of the excavated material; and in backfilling, this topsoil will be replaced a8 the top one- foot of the trench. It will remove from the 8i te 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 substantially the same condition that existed prior to the beginning of operations, exoept that the surfaoe of baok- filled areas may be mounded suffioiently to prevent the formation of depres- sions after final 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 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. 6. That upon oompletion 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 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 GrantorS shall be paid in addition to said Six Dollars ($6.00) per rod, One Hundred DOrlars ($100.00) per aore for crop damage to grain crops. One Hundred Dollars ($lOO.OO) per aore for damages to irrigated pasture land and Fifty Dollars ($60.00) per acre for crop damage to hay lands. The pay- ment. herein specified for damage to premises and crops shall be and constitute fUll payment to the Grantors for any such damage caused to the Grantors' lands and current crops, as-an incident to the initial construotion and --- installation of the waterpipe line. 6. In the event that it should become necessary for the Grantee to Fe-enter the Grantor~ premises for the purpose of repairing, replacing, maintainln~ "'I 1. / f;I1Gf 521 or removing said waterpipe line, the Grantee will reimburse the Grantor s for - any aotual damage done to the Grantors' premises or crops. - 'lhe Grantor S hereby covenant and agree wi th the Grantee as followSJ - -- 1. That at no time will th ~ build, oonstruot, ereot or maintain any permanent structure over or a ove the said waterpipe line unless such struc- ture is built, constructed and maintained in suoh a manner that it would not interfere with the operation, use, repair, maintenanoe, 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 s or their BUCOes- SOl'S and assigns. - 3. That they are lawfully seized of said premises; that they have good right and lawful authority to sell the same and that they and th eir heirs, executors, administrators, suooessors 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, suocessors and assigns of the GrantorS and upon the successors and assigns of the Grantee. - IN WITNESS WHEREOF, the GrantorS have hereunto set their hand sand seals and the Grantee, The City of-SOzeman, has hereunto set its han~by it. Mayor-&nd its Clerk of the City Commission, eaoh thereunto duly authorized, and ha&fo, use its oorporate seal to be affixed, all on this -y / day of ~ , 1967. h~ ... //)~ . --J"~ ~ 1~1 JI~ .. - ,/ ~ / ..~ / ~ -' .//....--' C-( ( 4 .. ~. ~ ~ . t,1 ~.. ...,. " . (I') \. ..,.. . \ ~.( '. ~... .~: j ", ,', . : "..' '~~ESTt~, '," ..:/~ '"-;<_;:~ , "':'" , '~,. ' >,;.;8., "",~,:/~/ /' __.---. // .,' .."".:..~~~./~'L/ . ?" "I' '::'\ ,.- , ;.,. AN , , " 'Clerk' of the 01 ty Commission THE CITY OF BOZEIIAII ~_ By~ .ARN. , Mayor , ~ . . APPROVED: ~ (-).~...L/... _ 'f5:m"'R: L~ELACE City Attorney STATE OF MONTANA ) : 8S ) County of Gallatin On thiB cl st day of Julv . 1957, before me, the undersigned a Notary Publio for the State of Mon tan a , personally app,,:ared ELIZABETH NASHJ and DONALD A. NASH and HELEN A. NASH known to me to be the person s dercribed in wld who signed the foregoing instrument as Grantor..2!- and-acknowledged to me that they had exeouted the same freely and voluntarily, for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereunto eet my hand and affixed l1o/ Notarial ..3- .. .. - '1,",1'1:; 1 "} .. ... r '2' ') . i ~!\tlt ,) _1_ Seal on the day and year in this Certificate first above wri ttsn. ", ... (~ \ 10 I .....,' ,ill \' ,,'~ . !. .- .::, (",'\',. .t "~. ":~\ ~< ~~_.:l '. !",& '. r " No~0~f)~Of Montana Residing at Bozeman. H~a My Commission expires ~/ I ~ (, (J STATE OF MONTANA ) l 88 County of Gallatin ) On this i::2 th day of Au);us 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 Ci~ Commission respeotively, 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 my Notarial Seal on the day and year in this Certifioate first above written. '!' ",'" .... I ~ ~ - ~ . , . " --~ /~ ~ '-- , '1::'-" . - / /'~ J . . , . Ii , ~"""" Notary ~\<n.o 1Qr. ~~_ b.~ of Montana Residing at,: E07em8:h{ >'ont~ma t My C oromis s ion expi rea. ;: 1.7 .J an UI.U"W 1) 0 /-, I _ ~~-,:~~. ::. r ! '~f /- -.\ ~ ~ .,,1 : .t'! ,.., ' "" "I.' I.. ~' '....).1. -. ~ " .. 1. .c" \. ' l"~ , O(:)\)~ ''INDEXED PLATTED '" ~';'~':"~ ('o:mfy of GnllRt.,in, ss. Filed fOf fe.coreL ' Sl'>nr,p!'1hpr J, ,,' lQ-)5 ,\ 1'1f ~l' I , I I' n.J}'7 '"..' 11 ~h_.._._...t 10,57 _~w ~,'-...-,_~..~_.l., c.., r. rccorc. c( lDGO~)'~_'n "-"--"nnm oL_-J"':]._~~_Q.f_____.'~\0.??Y s, r:1(f(!."_!~ ~_" Ie :,AT TUN n J 7 i2f . ' . . ....,.,,-. .u..-m--,,-..-----.-----'---_Recorder. By.__~ _" . P--t..h~ ." ) ".' ..' ,,:. ~"'~""....-.~,~ "j" "_..,..~"".M1:".,,, & ~(./., -4.. '.