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Home My WebLink About57- Nash Water and Sewer Pipeline ~ <tp. -- .." .. ~ THE CITY OF BOZEMAN MONTANA June 26, 1957 JIr. &; are. Murray A. Bash 519 S.Traoy Bozeman, JIoDtana Dea.r 14r. 8& lira. Huh: We have beeD advised by the City llanager and by the peraoBnel of 'the City Bag1aeer'. of:lloe tilat _gotlatiou ba.... been en'tered into with you coacerJ1ing an ease.nt for the City's new water pipeline &0'1"0118 your farm property 1n Section 6 J whereby it bas been tentatively agreed that you will grant the City 1:be "'."&1"7 ......-.rtfor ita new water pipeline in return for a road ricbt-of-way acro.. the City'. pres.nt Bozeman Creek Reeervoir site located in Section 29. In order that there may be some wri tteD memorandum of the agreement OD tMe matter, this letter is written you to set forth the terms of theagree_nt as we understand them to have been .agreed upon. They are as follow: 1. The Cl ty of Bozeman will dedicate or otherwise ma~ available for publ~ a 60' right-of-way for roacr-pUiposes along the north and east boundaries of its present Bozeman Creek Reservoir site in Section 29, said right-of-way "to be 60' in width, "the exact description of Which is set forth on a separate sbeet attached hereto, marked Exhibit "A", and by this reference made a part hereot. 2. In consideration of the City of Bozeman granting, dedicating, or otherwisemakinc available to the public the aforementioned road right-of-way you agree to &i va to tile C1t:J a wa'tar plpe11n8 eas_at tbroUSb your property ill the KisHi of Section 6, T0WD8hip 3 South, Range 6 East, as previously discusaed with you, the line of which easement is .ore particularly described OD a separate sheet attached hereto, marked Exhibit "S", and by this reference made a part hereot. This ease..nt iato be crantedat DO cost to the City, provided that you are to be reiaburllod for all actual damages caused to your t8IlC8., dl tebes, crops J or other appurtenances to your land as will be more specifically provided. ill the Ease.nt and Right -of -Way Agr....nt for Water Pipeline to be entered into with you. The only exception to this damage provision is that if the pipe- line is installed in your property after 0 c t 0 b er I, you will be entitled to no reimbursement for crop daDI8Ce. . . - . Ilr. & Mra. Murray A.. Hash JUDe 25, 1937 3.. The making available ot the aforementioned road right-of-way by the City is not to be done until the present treating plant building is reconstructed on a new site and put into operation thereon. This pro- visioD 18 necessary tor the reason that the present treating plant building is now situate on a portion of the aforementioned road right-of-way and the City cannot make that portion of land available for publiC use until the treating plant building is moved or reoonstructed on its new site.. 4. The City will tear down the present treating plant building and move the debris trom said destruction, and you will moVe or recoWl!ltruct the present fence along the north and ea$t sides of the present reservoir site to the south and "est boundaries of said road right-of-way at your expense, said fence to be reconstructed or moved so that the same will be as good a fence in all respects as exists at the time of its removal or reconstruction. It is my understanding that the above incorporates all of the specific items disQussed with you in connection with this matter, although it should be mentioned so as to be clear that it is necessary for the City to have its easement across your lands immediately, whereas the City cannot give the publiC the road right-of-way across its reservoir Bite until some future date. We feel that in view of our pleasant dealings with you in the past, it is not necessary to reduce this matter to a formal contract and it is tor that reason that We have adopted this method of reducing the agreement to you in writing. If the foregoing expresses your understanding of our agreements "ill you please indicate your acceptance of same on the bottom of the enclosed copy of this letter and return the sa.me to the Office ot the City Enginee~, City of Bozeman.. With many thauks for your cooperation in this matter, I am Very truly yours, { ~//"/;/I __ 1'/1>//1 IjJ~ \,__ ARNOLD M.. SWANSON, Mayor We hereby certify and declare that we have read the foregoing letter, that we understand fully the contents thereof, that we hereby agree to the terms and provisions set forth therein, and that we have received the original of said letter.. ~y tf.({,,~ Effie Nash EXHIBIT "Aft A right-of-way for road purpos.. to be dedicated for public use forever through the Bozeman Creek Reservoir site located in the northwest corner ot the southwest quarter of SectioD 29, Township 2 South, Range 6 Bast, IIPII, to be a strip of land sixty (60) teet in width lying and being thirt7 (30) feet on each side of the following d.scribed centerline: Beginning at a point on the ..st line of Section 29, Township 2 South, Bange 6 East, UP_, which point is 30 feet south of the west quarter corner of said Section 29, thence in aD easterly direction 30 feet south of and parallel to the north line of the awl of said Section 29, a distance of 455 feet; thence in a southeasterly direction along a curve of a radius of 175 feet a distance of 275 t.et; thence in a southerly direction 630 feet east of and parallel to the "est line of the swl of said Section 29, a distance of 455 feet to the south line of the Nwl Nit sit of said Section 29; being in all a total distance OD center11.. of 1185 teet and containing 1 .63 acres, more or 1.... ..4; . .... ,. EXHIBIT "B" A perpetual easement and right -of -way for the purpose ot in- stalling, operating, using, repairing, replacing, maintaining and removing a waterpipe line and appurtenances thereto upon and across the property ot Murray A. Nash and Ettie J. Nash, located in the Bi SQ of Section 6, Township 3 South, Range 6 East., JIPll., aa.111 ......nt .... rigkt-ol-wa, tQ. c9IUJiat of a strip of land thirty (30) teet in width lying and being tift.en (15) teet on each side of the following described centerline: Beginning at a point OD the north line of the sEl of Section 6, TOWDShip 3 South, Range 6 East, MPM, which point is west of the Ii corner of said Section 6, a distance of 868.6 teet; thence South 010 37' West a distance of 2439.2 teet, more or les8, to a point on the northerly boundary ot that tract of land located in the 80uthwe.t corner of the sEl sEi ot said Section 6, owned bJ the City of Bozeman, said point being a distanoe ot 961.7 teet, more or les., wetft of the ..... liae of _1;d -flection 6. ............-..~ / I J ,i I \\ ~. Ii \ i,. l, I;;. \ 1- <. i ' .:V Ii, \