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HomeMy WebLinkAbout57- Nash Easement and Right of Way .. . . ..{ -.. G~I'~:K, "'"7 r { '.1/ 11 FAGF.JU1. EASEMENT AND RIGHT...OF-WAY AGREEMENT FOR WATERPIPE LmE THIS .AGREEMENT. Made and entered into this 2D th day ot A'J c;u st. A. D. 1957, by and between FRANK NASH OF Townsend, Mona m partJl- of the first part, hereinafter oalled the Grantor__, and THE CITY OF BOZEMAN. a munioipal oorporation of the State of Montana, in Gallatin Count,y, the party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, The Grantor is the legal record title owner_of portions of the fit and W-! Et Section 7 , T 3 S, R 6 E. MPM and )~, the Grantee, in the exeroise of its power and authority as a municipality of the State of Montana, proposes to oonstruot 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 direotion to the said City of Bozeman, a portion of whioh proposed waterpipe line would run aoross the Grantor.:! land; and WHEREAS, the Grantee desires to acquire trom the Grantor__, and the Grantor is willing to grant to the Grantee an easement and right-ot..way across the above desoribed property of the Grantor_, and his heirs, .xecutors, administrators, suooessors and assigns, for the purpose of install- lng. operating, using. re~air1ng. replaoing, maintaini~ and removing said waterpipe line, ana for such other rights of access and inoidental rights 88 are hereinafter described, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration ot the sum of $---132.50, in hand paid by the City of Bozeman, the receipt whereof is hereby aoknowledged, and in further consideration of the oovenants and agreements between the parties hereto, the Grantor has granted, bargained, sold, conveyed, and confirmed, and by these presentsdoes hereby grant, bargain, sell, convey, and confirm unto the 8aid Grantee and its successors 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... .... BUUK 11 1~~f.iF. 5 0 r? line and appurtenances thereto upon and across the above desoribed propert,y ot the Grantor,' , said easement and right-of-way to consist of a strip of land thirty (30) feet in width lying and being fifteen (15) feet on each side ot the tollowins desoribed center linel Beginning at a point, which point is south along the west line of Section 7, T 3 S, R 6 E, M~~, a distance of 1052.2 feet from the northwest corner of said Section 7; thence N860351E, a distance of 999.1 feet; t:t.ence S660491E, a distance of 432 feet; thence N560 491E, a distance of 648 feet; thence S7So11'E, a distance of 574.9 feet; thence N520231E, a distance of 1560.1 feet more or less to the west r:l.gh t-of-w~y line of the Gall atin County road in Bozeman Creek Canyon. A total distance of' 4214.1 feet, or 255.40 rods, or 0.80 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, repairins, replacing and maintaining said waterpipe line and appurtenanoes thereto and tor the removing of same if and when desired by the Grantee, its successors and a8sign.) TO HAVE AND TO HOLD the above described right-of-way with all the appurtenanoes and privileges unto the said Grantee and to ita suocessors and asaigns forever. The Grantee hereby oovenants and agrees with the Grantor___ as followal 1. That, in oonnection with the installing. operating. using, repairing. replaoing, maintaining and removing of said waterpipe line it will replaoe, at its 80le expense, all existing fenoes. ditches and other appurtenanoes of said land that may be disturbed by its operation in a oondition equal to the oondition thereof existing before said operations were begun. or as near thereto 88 shall be reasonably possible. 2. That, dur1n~ 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- Boll, whichever 1s less, and stockpile said topsoil away from the remainder ot the excavated material) and in baokfilling, this topsoil will be replaoed 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 beeD exposed by the excavation and remaining after backfilling is completed, and Will leave the finished surface in substantially the seme condition that existed prior to the beginning of operations. exoept that the surface at baok- filled areas may be mounded SUfficiently to prevent the formation of depres. sions after tinal settlement has taken place. s. To install sa1d waterpipe line at such a reasonable depth below the sur- faoe ot the earth as will permit normal oultivation of the ground. ~. To operate. use and maintain said waterpipe line in such manner 8S will not hinder or prevent the proper cultivation ot the tract through which thi. right-ot-way i8 hereby granted. 6. That upon oompletion ot construction and installation ot said waterplpe line the Grantee will pay to the Grantor ,in addition to the above speci- fied money consideration tor this easement; the sum of Six Dollars ($6.00) per lineal rod measured on the centerline of the right-of-way for damages to the premiae. by virtue of the Grantee' 8 entry thereon) and in the event that the Grantee enters said premises where crops are growing prior to September 15, 1967, the Grantor shall be paid 1n addition to said Six Dollars ($S.OO) per rod., One Hundred l5O!1ars ($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 orop damage to hay lands. The pay- ments herein speoified for damage to premises and crops shall be and constitute full payment to the Grantor___ tor any suoh damage caused to the Grantor~ lan4s and ourrent crops. as an incident to the initial construction and installation ot the waterpipe line. 6. In the event that it should beoome necessary tor the Grantee to re-enter the Grantorl s premises for the purpose of repairing, replacing, maintainln(; - .2.. - :i'llii( l",~ ' j "7 .~~ r'l() I ,.",.,. ""'I '"i _ . hiii' ",,/I,../..d or removing said waterpipe line, the Grantee will reimburse the Grantor tor any actual damage done to the Grantor's premises or crops. - The Grantor hereby covenant s and agree s with the Grantee as tollowla - -- 1. That at no time will he build, oonstruot, erect or maintain any per.manent structure over or above the said waterpipe line unless such struo- ture is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance, 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 or his succe.... - sors and assigns. 3. That he is lawfully seized of said premises; that he has good right and lawful authority to sell the same and that he and his heirs, executors, administrators, successors and assigns, shall warrant and defend the title to said premlses unto said Grantee, and its successors 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, executors, administrators, sucoessors and assigns of the Grantor and upon the successors and assigns of the Grantee. - IN WITNESS WHEREOF, the Grantor has hereunto set his hand and 8eal and the Grantee, The City of Bozeme.n, has hereunto set its han~by it. Mayor-ind its Clerk of the City Commission, each thereunto duly authorized, and has caused its corporate seal to be affixed, all on this 28th day of Augu st , 1957. .. ~Jq/7~/1~fl--L/ ~, . . ,J. . "I' : 'j : ..... .. . ',. .... TIlE CITY OF BOZEMAN ~ B~~ . LD M. SON, Mayor - .. ~ ," A'11' ES T: ;J,,;/ ." "'1' ~2/~~~~~r~/' Clerk of the City Commission APPROVED: ~~ELn?~-~~ City Attorney q STATE OF MONTANA ) : as County of Galla tin ) On this 28tb day of Au'~m t , 1957, before me, the undersigned a Notary Public for the State of Montana____, personally appeared FRANK NASH known to rrJ3 to be the persor! . dencribed in and who signed the foregoing instrument as Grantor and-acknowledged to me that HE had 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- . , -",", n ,.1.....; \ o ". .... ".'''' l' r:)n .~ , PAGE ,_ ~. 1'+ Seal on the day and year 1n this Certifioate first above written. , ,., .".,: ), 1:. ,.1. ':\ - ~ " STAT,EOF MONTANA ) & SlS County of Gallatin ) On this 28th day of Au~ust ,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 City Commission respectively, of the City of Bozeman. whose name is subsoribed 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 )"ear in this Certificate first above written. ,.., '\ .,.j , . - ,'~ ~' l: ~ i'J \ .' 1(585~7 y . -."-'_._-::-"'"":'-':,~~.- - ".- - - ~"~'~:'~',~::~:i~;~,:~~Jj State cfMont6~o!Jnty of Gallatin. ss. F.iled for record_~ September :3, 1""'7 . t 1 2u A ~..I d d' '2 1.' 1 ------------, ,}J c'. -______n___________:nn________... H.., an. n~cor cd In Book___--A-. _____m~ oL-j~:~_~~l~_I2~_~_l!_spagc.--5-QL--- ___________Ri',T1L-',jl\T,TnN Recorder. By ~ ,-,7 m~ Deputy. , -C:..