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HomeMy WebLinkAbout57- Renne, Easement .,... ..... .- ,., ;';I ( ,,' r ~ ,:.;: i "J r: ["J' fJ" , ,)""," ' , J I 1,:1,," ,J ~' EASEMENT AND RIGHT..OF..WAY AGREEMENT FOR VlATERPIPE LINE THIS AGREEMENT, MAde and entered into this 2'7 th day of Augus t , A. D. 1957, by and between ROLANI R. RENNE and MARY W. RENN.2 husband ancl wife, of Eozerra.n. Montana part ies of the first part, hereinafter oalled the Grantor,:"", and THE CITY OF BOZEMAN, a ~unioipal corporation of the State of Montana, in Gallatin Coun~, the party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, The Grantor~ are the legal record title owner~ of portions of the Ni NEi Section 19, T 2 S, R 6 E, MPM ; and v~, 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 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 at whioh proposed waterpipe line would run aoross the Grantor~ land; and WHEREAS, the Grantee desires to acquire from the Grantor~, and the Grantors ar e willing to grant to the Grantee an easement and right.-ot..way across the above desoribed property of the Grantor s , and the ir heirs, - .xecutdrs, administrators, successors and assigns, for the purpose of install.. ln~, operating, using. re~alring. replaoing, maintaining and removin~ said waterpipe line. and for such other rights of access and inoidental rights ae are hereinafter desoribed, all as hereinafter more p8rticul~rly provided. NOW, THEREFORE, in oonsideration of the sum ot $----50.00, in hand paid by the Oi ty of Bozeman, the reoeipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements be~leen the parties hereto, the Grantor...!.. have grantp.d, bargained, sold, oonveyed, and confirmed, and by these presents do hereby grant, bargain, sell. oonvey. and confir~ unto the said Grantee and its successors and assigns the following rights and privileges forever: 1. .A perpetual easement and right-ot..way for the purpose of installing, operating, using, repairing, replaoing, maintaining and removing a waterpipe ..1.. ~,.,.. ...- . - ,.. .; er)u~ -1 ''') r.: 1 () J { iJAllf J _ line and appurtenanoes thereto upon and across the above described property ot the Grantor~, said easement and ritht~of~way to consist of a strip of land thirty (30) feet in width lying and being fifteen (15) feet on each side of the followins described center linea Eeginning at a poInt, which point is south along the Nortb-South quarter section 1 ine of Section 19, T 2 S, R 6 E~ MP1\'I~ a dist8Dce of 270(} fe,et from the nartt. quarter corner of saic Section 19; Thence S20 56'8, a distance of 532.5 feet; tbence S1g036'E, a. distance of 582.6 feet moy'€ or les,s to the soutb line of tbe KW-i-, NEi of salc1 S~ction 190 A total dist9nce of 1115.1 feet, or 67.58 rC'l:J;:;, cf 0.21 mJles. 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 appurtenanoes thereto and for the removing of s~e if and when desired by the Grantee, its suooessors and assigns; TO HAVE AND TO HOLD the above described right-of-way with all the appurtenanoes and privileges unto the said Grantee and to its suocessors and assigns forever. the Grantee hereby oovenants and agrees with the Grantors as tollow,: 1. That, in oonnection with the installing, operating. using, repairing, replacing. maintaining and removing of said waterpipe line it will replace. at its 801e expense, all existing fences, ditohes 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 as shall be reasonably possible. 2. That. durin~ operations involving exoavation, 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. and stookpile said topsoil away from the remainder of the excavated material; and in backfilling. this topsoil will be replaced 8S the top one-foot of the trenoh. It will remove from the site any large rooks or surplus exoavated material or any kind of debris that may have been exposed by the exoavation and remaining after backfilling is completed, and will leave the finished surface in substantially the same condition that existed prior to the beginning of operations. $xoept that the surfaoe of baok- filled areas may be mounded sufficiently to prevent the formation of depres. sionB after tinal settlement has taken plaoe. 3. To install Baid waterpipe line at suoh a reasonable depth below the sur- face of the earth as will permit normal cuI tiva tion of the ground. 4. To operate, use and maintain said waterpipe line in such manner as will not hinder or prevent the proper oultivation of the traot through which this right~ot-way is hereby granted. 6. That upon oompletion of construotion and installation of said waterpipe line the Grantee will pay to the Grantors , in addition to the above speoi- fied money consideration for this easement; the sum of Six Dollars ($6000) per lineal rod measured on the centerline of the right-of-way tor damages to the premises by virtue of the Granteets ent~ thereon; and in the event that the Grantee enters said premises where orops are growing prior to September 16, 1957, the Grantors shall be paid in addition to said Six Dollars ($6.00) per rod, One Hundred Dollars ($100.00) per aore tor crop damage to grain orops, One Hundred Dollars ($lOOoOO) per aore for damages to irrigated pasture land and Fifty Dollars ($60.00) per aore for crop dwmage to hay lands. The pay~ ments herein speoified for damage to premises and crops shall be and oonstitute full payment to the Grantors tor any suoh damage oaused to the Grantor 3 ' lands and ourrent orops, as~ incident to the initial oonstruotion and --- installation ot the waterpipe line. 6. In the event that it should beoome necessary for the Grantee to re-enter the Grantors' premises for the purpose ot repairing, replaoing, maintaining - -2... .. r 1"7 r.: ..1 A ~:; . . I P/lilE ,) _ 1. or removi~ said waterpipe line. the Grantee will reimburse the Grantors tor any aotual damage done to the Grantor s' premise. or crops. - - The Grantors hereby oovenant and agree with the Grantee as tollow" - -- 1. That at no time will t'h ey build. construot. erect or _intain any permanent structure over or above the laid waterpipe line unleae such struc.. ture ie built. oonstructed and maintained in IUch a manner that it would not interfere with the operation, use, repair. maintenanoe. 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 s or tr-: e:t T' 8uooe8" lors and assigns. --- 3. That the~ are lawfully seized of said premises; that thev have good right an lawful authority to sell the same and that th e'y ~d thei.r heirs. executors, administrators, successors and assigns. shall warrant and defend the title to said prem~.ses unto said Grantee, and its sucoessors and assigns forever, against the lawful claim and demand of all persons who~ soever. It i8 understood and agreed by and between the parties hereto that thia Agree- ment shall be binding upon the heirs. exeoutors, administrators, successors and assigns of the Grantor s and upon the successors and assigns of the Grantee. - IN WITNESS WHEREOF, the Grantors have hereunto set tre~,r hand:3 and seal s end the Grantee, The City or'"liozeman, has hereunto set 1 ts han~by it. Mayor-ind its Clerk of the City Commission. each thereunto duly authorized, and has oaused its corporate seal to be affixed, all on this 27th day of August , 1961. '/ .,' '.: ".', ';' ~ "') /' : ,\ \'.' ,l "... : " .r', i- I ,~'.. ~~. ~ . riLt~ .~~dJ.K~ ,. .",." " /'" '" ; ~..J : '. ~ CITY OF BOZEMAN J~L ~~ .yor !, '.. ~.'" \ . ,. .]!I . .. Ai AI' 1I ....,. #" ~ .. 11. "'... .. _ . '.. j .. C '., A'l'l~;l; " ". -.. .."'.. / ? ...." .......-:-,J' ,(~~~/ Clerk of the City Commission APPROVED, ~~ C_ __ City Attorney County of Gallatin ) : ss ) STATE OF MON TA NA On this 27th day of Augus t ,1957, before me, the undersigned a Notary Publio for the State of Mon t 8na ,personally appeared R OIiI}TD R :-TIE~\E a nd NARY W. HENNE known to ree to be the person dercribed in and who signed tile foregoing instrument as Grantor and-acknowledged to me that 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 my Notarial -3- "I!:"; , ...;. ~ .J ~~ E.:;~. l'l p/1liE512 Seal on the day and year in this Certifioate first above written. ." . .<z:''r-H t.' . ,~ , ;." I " ..:- 1'1"/ ') '.~-;:, ': 'c: '~~;"f~i i, ,~\ =: ':{)f..r'('L"-, \\.: -,'- : <', ,~:~ ",/,,: " , ", , . r. .. ~ t Q'" Ij;. "'~! " i\, " 19r:G STATE OF MONTANA ) : S8 County of Gallatin ) On this :?8 th day of Aug;us t , 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 respeotively, of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand end affixed m:I Notarial Seal on the day and )'ear in this Certificate first above written. ~ ~ " . ~ '. - . ~'... '. '~: .......... ~ ~ .., _ (l . '. Notary ~r the.~ Monte.na Residing at -:=:02 ,~,..>..,~ f.': '\/t",~ " L" "--,l!.I.~......._" .li,o;r1 '" ",:-.r.. My Commission expires 17/JaFi,.U ary 1. g()O .... -; ,1,'., '.,~ ~ ,. 1 l: <II ~' . "'~ .< J.~~ l' ;~'\,"~ f'~ ~. ~ . . ! J ,~."'j \....... 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