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Home My WebLink About57- Nash, Helen Easement E . .., L, <_ \ \ ",' \; , .': ~< j J ..- l " 3 "~, J""\/ I.), ,'"_w EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR WATERPlPE LINE THIS AGREEMENT, Made and entered into this 17th day ot October, A. D. 1957, by and between HELEN NASH of Bozeman. Montana par~ of the first part, hereinafter called the Grantor__, and THE CITY OF BOZEMAN, a municipal oorporation of the State of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WITNESSETH; WHEREAS, The GrantoT_ is the legal record title owner_ of portions of the SE~ of Section 19, T ? S. R 6 E. MPM ; and )i.HEREAS, 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 tor municipal water supply from the mouth of Ryali te 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 1 ine would run aoross the Grantor~ land; and WHEREAS, the Grantee desires to acquire from the Grantor__, and the Grantor is willing to grant to the Grantee an easement and right-ot-way across the above described property at the Grantor__, and hA~ heirs, ,xecutors, administrators, sucoessors and assigns, for the purpose of install- lng, operating, using, re~alring, replaoing, maintaining and removing said waterpipe line, and tor such other rights of access and inoidental rights 88 are hereinafter described, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $_ _ _ r:;o..QDt in hand paid by the City of Bozeman, the reoeipt whereof is hereby ackrlowledged, and in further consideration of the covenants and agreements between the parties hereto, the Grantor has granted, bargained, sold, conveyed, and oonfirmed, and by these present8does hereby grant, bargain, sell, convey, and oonfirm unto the said Grantee and its successors and assigns the followi~ rights and privileges forever: 1. A pe rpetual easement and right- 0 f-way for the purpo se of ins tal ling , operating, using, repairing, replaoing, maintaining and removing a waterpipe ...1- # .;.,.. ," r:: (J .. 'f( 1 / ~Ytl3F.) c):J line and appurtenanoes thereto upon and aoross the above described property of the Grantor . said easement and right-of-way to consist of a strip of land thirty (30)-reet in width lying and being fifteen (lS) feet on eaoh side of the following described oenter line: Beginning at a po!nt on the North Line of Lot Nine (9) of Bulen's Subdivision in Gallatin County, Montana, lying in the Southeast ~uarter (SEt) of Section Nineteen (19), T 2 S, H 6 E, MPM. which said point is 572.9 feet, more or less, fram the Northeast Corner of said Lot (9); thence Southeasterly a distance of 118 feet, more or less, to a point on the South Line of sa id Lot Nine (9), which point is SL~l. 0 f8et, more 'or less, from the Southeast Corner of said Lot Nine (9). 2. The perpetual right of ingress and egress to and from said traot of land at all reasonable times for the purpose of installing. operating. using. repair- ing. replacing and maintainint said waterpipe line and appurtenances thereto and tor the removing of same if and when desired by the Grantee. its sucoessors and assigns) TO HAVE AND 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 covenants and agrees with the Grantor as follows: 1. That, in connection with the installing. operating, using. repairing, replaoing, maintaining and removing ot said waterpipe line it will replaoe, at its sole expense, all existing fe~ces, ditches and other appurtenanoes ot said land that may be disturbed by its operation in a condition equal to the condition 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 top- soil from the trenoh area to a depth of one foot. or to the full depth of the topsoil, whichever is less. and stockpile said topsoil away from the remainder of 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 backfill- ing is completed, and will leave the finished surface in substantially the same condition that existed prior to the beginning of operations, except that the surface of backfilled areas may be mounded sufficiently to prevent the fonnation ot depressions after final settlement has taken place. 3. To install said waterpipe line at suoh a reasonable depth below the surface of the earth as will pennit 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-ot-way is hereby granted. 5. That upon completion of construction and installation of said waterpipe line the Grantee will pay to the Grantor . in addition to the above speci- fied money consideration for this easement; the sum of One Dollar and Fif~ Cents ($1.50) per lineal foot for the first one hundred (100) feet, One Dollar ($1.00) per lineal foot for the second one hundred (lOO) feet. and Seventy-five Cents ($0.75) per lineal foot for the balance of the footage crossing the property of the Grantor as measured on the centerline of the right-ot-way. for damages to the premiSes and crops by virtue of the Grantee's entry thereon. The payment herein specified for damages to premises and crops shall be and oonstitute full payment to the Grantor____ for any suoh damage oaused to the Granto~~ premises and current crops. as an inoident to the initial construotion and installation of the waterpipe line. 6. In the event that it should become necessary for the Grantee to re-enter the Grantor~ premises for the purpose of repairing, replacing, maintaining -2.. t#- .. oj' ;':Jl)K , , , .- ( 4 "'.' ,- .-.1' ',-" " , ' II tfl[lt,)".. or removi~ said waterpipe line, the Grantee will reimburse the Grantor for any aotual damage done to the Grantor~ premise. or crops. TIle Grantor hereby covenants and agree s with the Grantee as follows: - -- 1. That at no time will she build, oonstruot, erect or maintain any permanent structure over or above the said waterpipe line unless suoh struo- ture is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance, replacement and removal of said waterpipe line. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor or her suoces- sors and assigns. 3. That she is lawfully sehed of said premises; that she has good right and lawful authority to sell the same and that she and her heirs, executors, administrators, successors and assigns, shall warrant and defend the title to said premises unto said Grantee. and its successors and assigns forever. against the lawful claim and demand of all persons who~ soever. It is understood and agreed by and between the parties hereto that thi$ Agree- ~ent shall be binding upon the heirs, executors. administrators, successors and assigns of the Grantor___ 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-SOzeman. has hereunto set its han~by it. Mayor-ind its Clerk of the City Commission, each thereunto duly authorized, and has caused its oorporate seal to be affixed, all on this 17th day of Dc to ber , 1967. (~~~ n ~ , j ~.1 ".,) ~:.. ~ ..... ~ . - . . . : ,; "^""f '.# " THE CITY OF BOZEMAN ~. r:J By_,~q __~~~, . , ayor ' '1':,1 ; ~) : " A1'ftS'l': " ';K:1~ Clerk of the City Commission APPROVED: ~. ~Ewd' ~ City Attorney County of Gallatin ) : S8 ) STATE OF MONTANA On this 17th day of October , 1957, before ~e. the undersigned a Notary Public for the State of Montana . personally appeared HELEN NAS~ known to me to be the person described in and who signed the foregoing instrument as Grantor_ and-acknowledged to me th9.t 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 ~ Notarial -3- 1'- f ',;" '''. j I 1/1rl~;):J;J Seal on the day and year in this Certificate first above written. ~-- --....""". ~~ -~",." ,~ ~ Notary Pu io for the State of Montana Residing at Bozeman, Montj!.na I ~ Commission expires j I ( L / j...... ) I r . . STATE OF MONTANA ) :. ss County of Gallatin ) On this 17 th day or Oc to ber . 1957, before m.e, 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 end on behalf of said City. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. :.~>'_~' -; ";:;f:(~f~: , ) I 'C"'''?'' ,- ".: I. }":;r_-: ,~ ,,"/, f? L, \;.\~f:;l,' " '~ .:-..' ..:?:~ . ,.... ~ ~ ,.. No ary u Residing at My Commission 1 ~-"'''''(}O .., I ..J / ~,I"NDF~~-X'-=~/ ' D2TJ\TT!.-1"). / S, ..'co ul t,ly~' L, C~'1Y of G ,d]atin. 83. F,lcd for remn] m n.a~ /7- /1""7 Z\t____.___~___."L~_~___~z_. ]'.1., and rCCLlI\L'cl j;l LGJ~': _.L7____--.-iJLj;f~/.r._~_/,____________ r:I,;I:- ...6-8::s. d;'l#'l })!ail4J1ft '" ' {// r c:::Jt j" / /. . '. . _,,__. u_"________~.__. __~_,_ __Recorder, By~"'_/i:~__..D(I:'.ltY, -4-