HomeMy WebLinkAbout57- Nash, Murray Easement
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EASEMENT AND RIGHT-OF...WAY AGREEMENT FOR WATImPIPE LINE
THIS AGREEMENT, Made and entered into this 31 th " day ot Jul Y
, A. D.
1957, by and between l'vrtJRRAY A. NASH and EFFIE NASH, husband a.nd
wife, of Bozema.n, }~ont&.na
par~ of the first part, hereinafter oalled the Grantor~, and THE CITY OF
BOZEMAN, a munioipal corporation of' the State of MO:J;ltlma, in Galle~!n~n'ty, --
the party ot the second part, hereinatter called the Grantee.
WITNESSETH:
WHERF..AS, The Grantors are the legal record title owner~ of portions
of the
Ei, SEt of Section 6, T 3 S~ R 6 E, MPM
;
and
vVHEREAS, the Grantee, in the exercise of its pm~er and authority as a
municipality of the State of Montana, proposes to construct and install a
waterpipe line for municipel water supply' trom the mouth of Hye.lite Canyon
Southwest ot the City ot Eozeman in a Northeasterly direotion and Northerly
direction to the said City of Bozeman, a portion of which proposed waterpipe
line would run across the Grantor~ land; and
WHEREAS, the Grantee desires to acquire from the Grantor~, and the
Grantor~ a.re willing to grant to the Grantee an easement and right-of-way
across the above described property of the Grantor..!., and their heirs,
.xecutors, administrators, successors and assigns, for the purpose of install...
lng, operating, using, re~airing, replaoing, maintaining and re~oving said
waterpipe line~ and for suoh other rights ot access and incidental rights 98
are he~einafter described, all as hereinafter more particularly provided.
NOW, THEREFORE, in consideration of the sum of ~----l.OO~ in hand paid
by the City of Bozeman, the receipt whereof is hereby acknowledged, and in
further consideration of the covenants and agreements between the parties
hereto, the Grantors have granted, bargained, sold, conveyed, and confirmed,
and by these presen1e.S do hereby grant, bargain, sell, convey, and confirm
unto the said Grantee and its successors and assigns the following rights and
privileges foreverz
1. .A perpetual easement and right-of-my for the purpose of installing,
operating, using, repairing, replacing, maintaining and removing a waterplpe
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line and appurtenances thereto upon and across the above described propert.y at 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) teet on each side ot the following
described center linel
Beginning at a point, which point is a distance of 868.6 feet
west and 30 feet south of the Ei corner of Section 6, T 3 S, R 6 E,
MPM; thence SOlo46'W, a distance of 2385.6 feet more or less to a
polnt on the northerly boundarI of that tract of land located in
the southwest corner of the SE'4 SEi of sald Section 6, owned by the
City of Bozeman, said point being a distance of 961.7 feet more or
less west of the east line of said Section 6. A total distance of
2385.6 feet, or 144.58 fads, or 0.45 miles.
2. The perpetual right of ingress and egress to and from said tract of land at
all reasonable times for the purpose of installing, operating, using, repairing,
replaoing and maintaining said waterpipe line and appurtenances thereto and for the
removing of same if and when desired by the Grantee, its successors and assigns;
TO HAVE AND TO HOLD the above desoribed 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 tollows;
1. That, in oonnection with the installing, operating, using, repairing.
replacing, maintaining and removing of said waterpipe line it will replace,
at its sole expense, all existing fenoes, 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, durin~ 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-
soil, whiohever is less, end stockpile said topsoil away from the remainder
of the exoavated 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
rooks or surplus excavated material or any kind of debris that may have been
exposed by the excavation and remaining after baokfilling is completed, and
will leave the finished surface in substantially the swme condition that
existed prior to the beginning of operations, exoept that the surface of baok-
filled areas may be mounded sufficiently 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-
face 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 ot the traot 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 oonsideration 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 aaid premises where orops are growing prior to September
: 15, 1957, the GrantorS shall be paid 1n addition to said Six Dollars ($6.00)
per rod, One Hundred Dollars ($100.00) per aore 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 crop dwmage to hay lands. The pay-
ments herein specified for damage to premises and crops shall be and constitute
tull payment to the Grantors for any such damage caused to the Grantor s'
lands and ourrent orops, as-an incident to the initial construotion and ---
installation of the waterpipe line.
6. In the event that it should become neoessary for the Grantee to re-enter
the Grantor~ premises for the purpose of repairing, replaoing, maintaining
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or removing said waterpipe line, the Grantee will reimburse the Grantor s fer
any aotual damage done to the GrantorL premises or crops.
'!he Grantor s hereby oovenant and agree with the Grantee a8 follows a
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1. That at no time will tre Y build, construct. erect or maintain eny
permanent structure over or above the said waterpipe line unless such .truc-
ture is built, oonstructed and maintained in such a manner that it would not
interfere with the operation, use, repair, maintenanoe, replacement and
removal ot said waterpipe line.
2. That the Grantee may peaceably hold and enjoy the rights and privilege.
herein granted without any interruption by the Grantor s or their sucoes-
sors 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 theI and their
heirs, exeoutors, administrators, successors and assigns, shal 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 this Agree-
ment shall be binding upon the heirs, exeoutors, administrators, suooessors and
assigns of the Grantor s and upon the successors and assigns of the Grantee.
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IN WITNESS WHEREOF, the Grantors have hereunto set their hand a and
eeals end the Grantee, '!be City oiBozeman, has hereunto set its han~by it.
Mayor-Bnd its Clerk of the City Commission, each thereunto duly authorized, and
has oaused its corporate seal to be affixed, all on this 31 th day ot
July , 1957.
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THE CITY OF BOZEMAN (/-)
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.AIm M. s, Mayor
ArrEST a
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L.. ,
Clerk of the City Commission
APPROVED a
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R. if[ E
City Attorney
County ot
Gallatin
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STATE OF
MONTANA
On this 31 t:l. day of July , 1957, before me, the undersigned a Notary
Publio for the State of Man tena ,personally appeared
MURRAY A. NASH and EFFI~ ~~SH
known to me to be the person s decoribed in and who signe1 the foregoing
instrument as Grantor-L andacknoW1edged to me that they had executed the same
freely and voluntarily, for the uses and purposes therein expressed.
m WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
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Seal on the day end year in thisCertif'icate first above written.
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STATE OF MONTANA )
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County of Gallatin )
On this 14 th day of Aug;us t . 1957. before me. the undersigned. a
Notary Public for the State of Montmla. 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. I ha.ve hereunto set my hand and affixed my Notarial
Seal on the day and year in this Certificate first above written.
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Stal~ eJMont., (\)<;::ty of C:.':::.i,1. ~.::;. j,'i;<,(~ Ie:' ;" August 15th
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