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HomeMy WebLinkAbout57- Nash, Helen Easement (2) ." .. (' , , "'. . -, )..? .. I' I' , WEMEN'l AND IUGRT-OF-WAY AGRtElmNT FOR WATERPlPE LINE THIS .AGREEMENT. Uade and entereel ip.to this 17th day ot 00 tober . A. D. 1957, by anel betwe.n HELEN NASH of Bozeman, Montana part~ of the first part. hereinafter oal\ed the Grantor__. and THE CITY OF BOZEMAN. a munioipal oorporation of the State of Montana, in Gallatin County. the party of the second part. hereinafter called the Grantee. WITNESSETH: WHEREAS, The Grantor is the legal record title owner __ of portions of the SE~ of Section ~9. T ? S. R 6 E. MP~ . , and v~, the Grantee, in the exeroise of its power and authori~ as a municipality of the State of Montana, proposes to construct and install a waterpipe line tor 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 whioh proposed waterpipe line would run aoross the Grantor~s land; and WHEREAS, the Grantee desires to acquire from the Grantor__, and the Grantor_ is willing to grant to the Grantee an eesement and right-of-way across the above desoribed property ot the Grentor_, and her heirs, executors. administrators. successors and assigns. tor the purpose ot install- lng. operating. using. re~airing, replacing. maintaining and removing said waterpipe lifte. and for suoh other rights of access and incidental rights 8S are hereinafter desoribed. all as hereinafter more particularly provided. NOW, THEREFORE. in consideration of the sum of $..- ~--r)O .QQ, in hand paid by the City ot Bozeman, the receipt 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 confirmed, and by these presents ~ hereby grant, bargain, sell, convey. and confirm unto the sald Grantee ana-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- .. ". '-/ . r: -7( ':""1< J I iW.;t,) .J line and appurtenaaees tAereto upon and across the above described property of the Grantor , said easement and right-ot-way to consist ot a strip of land thir~ (30)-reet in width lying and being fifteen (15) feet on each side of the following desoribed oenter line: Beginning at a point on the North Line of the Helen Nash property, said property lying in the Bulen's Subdivision of Gallatin County, Montana and in the Southeast Quarter of Section Nineteen (19), T- 2 S, R 6 E, MPM, said point being a distance of 860.9 feet, more or less from the Northwest Corner of said Helen Nash property; th.ence in a Southeasterly direction a distance of l2ho.9 feet more or less, to a point on the North Line of Lot 'J,'hirteen (13) of said lhllen's S1Jb- dl vls ion of Galla tin County, which said po in t is 701.:) feet, more or less, from the Northeast Corner of said Lot Thirteen (13). 2. The perpetual right of iagress and egress to and from said tract ot land at all reasonable times for the purpose of installing, operating, using, repair- ing. replacing and maintaining said waterpipe line end appurtenanoes thereto and for the removing of s&me if and when desired by the Grantee, its sucoessors and assigns; TO HAVE jND TO HOLD the above described right-of-way with all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby oovenants and agrees with the Grantor as follows: - 1. That, 1n connection with the installing. operating. using, repairing, replacing, maintaining and removing at 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 1n a condition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible. 2r That. during operations involving excavation. it will remove the top- soil from the trenoh area to a depth of one foot, or to the full depth ot the topsoil, whiohever is less, and stookpile said topsoil away from the remainder of the excavated material; and in backfilling, this topsoil will be replaoed as the top one-foot of the trenoh. 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, exoept that the surfaoe of baokfilled areas may be mounded suffioiently to prevent the formation of depressions after final settlement has taken place. 3. To install said waterpipe line at suoh a reasonable depth below the surfaoe of the earth as will permit normal cultivation of the ground. 4. To operate. use and maintain said waterpipe line in suoh 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 construotion and installation of said waterpipe line the Grantee will pay to the Grantor . in addition to the above speci- fied money oonsideration for this easement; the sum of One Dollar and Fif~ Cents ($1.50) per lineal foot for the first one h'mdred (100) feet. One Dollar ($1.00) per lineal foot for the seoond one hundred (100) feet. and Seventy-five Cents ($0.15) per lineal foot for the balanoe of the foota~e orossing the proper~ of the Grantor as mea3ured on the centerline of the right. of-way, for damages to the prenrl.ses 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 paYMent to the Grantor for any such damage oaused to the Grantor's premises and current cro~6i.--as an inoident to the initial construction and installation of the waterpipe line. 6. In the event that it should become necessary for the Grantee to re.enter the Grantor's premises for the purpose of repairing, replacing. maintaining - -2- . J'/ !l~G~;J:jU or removing said waterpipe line, the Grantee will reiJ1burae the Grantor for any aotual damage done to the Grantor's premises or crops. - - The Grantor hereby oovenants and agree s wi th the Grantee as followsa - -- 1. That at no time will she build, construct, ereot or maintain any permanent structure over or above the said waterpipe line unlesl such struo~ ture is built. oonstructed and maintained 1n such a manner that it would not interfere with the operation. use, repair, maintenance. replaoement and removal ot 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 her succel- sors and assigns. --- S. That she is lawfully .ehed or said premises; that she has good right and lawful authority to sell the same and that she and her heirs, exeoutors, administrators, successors and assigns. shall warrant and defend the title to said premises unto said Grantee. and its successors and assigns forever, against the lawful claim and demand ot all persons who~ soever. It i, understood and agreed by and between the parties hereto that this Agree~ ment shall be binding upon the heirs. exeoutors, administrators, sueoessors and assigns of the Grentor___ and upon the successors and assigns of the Grantee. IN WITNESS WHEREOF, the Grantor_ has hereunto set her hand_ and seal and the Grantee, The City of Bozeman, has hereunto set its hand, by ita Mayor-and its Clerk ot the City Commission, each thereunto duly authorized, and has oaused its corporate seal to be affixed, all on this 17th day ot Oc tober , 1967. / / ~/~ !(?~) THE CITY OF BOZEMAN By~~,~ . N, Mayor ATTEST: ,'~It~~ L. G, HADOAN. Clerk of the City Commission APPROVED, ct'.", J A b;;--fLOV?LAC~ ~ - . City Attorney STATE OF MONTANA ) : 88 County of Galla tin ) On this 17th day of October ,1957, before me. the undersigned a Notary Publio for the State of Montana , personally appeared HELEN NASH known to me to be the person dercribed in alid who signed. the foregoing instrument as Grantor andacknowledged to me that she 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. -- :'r/, " , I "'~rV r;~ 1 t }"l .:t ~} '.,) _.' ,. . . . Seal on the day and year in this Certifioate first above written. . . - ., - ~> \,. " ,'.1.r ~'. ., ' ' .....l, /. . ... f ,:,,~!tt, '.., . ~ ~ .Q-" ',."" !")'\' ; ..... .1/':'7 1\ \.; ,,-' ~\ j ." ,.... ~..?-.~- ,,,IIj. ,t. . " ,." c~ ~ h~ Not.ary Public for the St3.te of Montana Resid'i.ng at _ Bozeman. Mo~ta:o,e. J My Commission expires _ U 1- / JJ. 7 . . r STATE OF MONTANA ) l 8S County of Gallatin ) On this 17th day of October, 1957, before me, the undersigned, a Notary Public for the State of M0nt~na, personally appeared Arnold M. Swanson and L. G. Shadoan, known to me to oe the Mayor and Clerk of the City Commission resppctively, at the City ot Bozeman, whose name is subscribed to the within instrument and acknowledged to me that they exeouted 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. ~, l7'708 IT";:-;~,--,-:---A __ i 1.~.2_,~:~1~_.___...ok' fEUtT'_I~,~;T2__~~ ..... State of IYJonL, County of C,-diatirL SS. F'iled for r('CUl'd________~ /7~ / 1~ ~ 1 - t"'J at___~.!/!~-----~ --e__. M., "nd rccordcu in Bcoj;__Ll-____~~oL-I4./~-~-l---- I-'Zl,';C.6?;!S .!f,,,I',,l~!<",l.4:{J'^', '. // II?; ~ ____m_____ ,'.. ..' c. . " Recorder. By___~___.'I::.".._,__~__"__-."_______D;)P1.lty. -4-