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Home My WebLink About57- Soha Easement . .. .r '" 1-7 4 ,~:ii:,~ f r,[, . 71 ' liiJE--. Seal on the day end year in this Certifioate first above written. v 1/ STATE OF MONTANA ) & S8 County of Gallatin ) On this 14th day of Auc;ust , 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 respectively, of the City of Bozeman, whose name is subsoribed to the within instrument and acknowledged to me that they exeouted the same for and on behalf of 8aid City. IN WITNESS WHEREOF. I have hereunto set my hand and affixed ftf;J Notarial Seal on the day and j'ear in this Certifioate first above written. .. ~ ~tI ....,~ -, \ __ Ie... --. ,..~ "-'::11' / " J>_...,r::~ ~. r . n '...) . - 'I ". ,., ~"T .._ ~. 1- (.~.( II ".,' .~ ,~- ') 'l -, t 1__, "J ~~.~ -~N)\.1\j- ~\\'1D 1'1'"8D .<-" 1-;]\ -- r"n0~ Fl1ed for r of G:}1Iat1D. ~S', 'dC'cl in Book ~ . nt 'Mont., County _~,'L, l~\1:1 feee,t. - s~_ate . .3.. 50--------? · r'c' -'t.... , ..,___ .->- - -- T RecO'~ qt.._____ --- . - - EARl, VI' 1, C' "\ ms'"( ~ ugUS'!Jn ___JSL-----.------'4~e.- __--------- --1'r1is"ce1J~in~QllSr3:;C/..- 7- r" ,..~.. Deputy. 1...., ------ ~ J, __ - - --~---- ____ _,_ J____- :~~j'_n- - -4- . ~ . . .. . ~ .. .. \ I r i ~( ",'1", '''i ~ tr. () I I f'NJ iJ .K:'I EASEMENT AND RIGHT...OF-WAY AGREEMENT FOR WAnRPIPE LINE THIS AGREEMENT, Made and entered into this 22nc day ot Jun~ ,A. D. 1957, by and between CHARLES R. SORA and DORIS M. SORA of Bozeman, Montana, husband and wife as joint tenants part~sof the first part, hereinafter called the GrantorJL' and THE CITY OF BOZEMAN. a munioipal oorporation of' the State ot Montana, in Gallatin Count,y, the party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, The GrantorJL are the legal record title owner~ of portions of' the SE~ Section 19. T 2 S. R 6 T. MPM ; and vVHEREAS, 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 munioipal 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 which proposed waterpipe line would rQn aoross the Grantor~ land; and WHEREAS, the Grantee desires to acquire from the Grantor~, and the Grantor~ are willing to grant to the Grantee an easement and right-ot-way across the above described property of the Grantor!-, and their heirs, ,xeeutdrs, admini8trators, successors and assigns, for the purpose of install... lng, operating, using, re~air1ng, replacing, maintaining and removing said waterpipe line, and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $----50.00, in hand paid by the City of Bozeman. the receipt whereof is hereby acknowledged, and in further oonsideration of the covenants and 8treements between the parties hereto, the Grantor..!,. have grant~d, bargained, sold, conveyed. and confirmed, and by these presents dO herecy grant, bargain, sell, convey, and oonfirm unto the said Grantee and 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- '. "i ", Jf. r'f] ,'.",' ,'II,,',K ('t,1 d! t) , " ., ;'/'1;; -,n. line and appurtenanee. thereto upon and aoro.. the above delcribe. property of the Grantor s, ..id .aI.ment and right-ot-way to condst 01' a .trip ot lan. thirty (30)reet in width ly1ng and being titteen (15) teet on each lide of the following desoribed oenter linel Beginning at a point on the north property line of said parcel of land, which point is N400011E, a distance of 1897.1 feet from the south t corner of Section 19, T 2 S, R 6 E, MPM; thence S190361E, a distance of 118.3 feet to the south property line of sa id par eel of land. A total distance of 118.3 feet or 0.02 mile s. 2. Tae perpetual right of ingress and ecress to and trom said traot ot land at all reasonable ttmes tor the purpose of installing, operating, u.inC repairing, replacing and maintaining .aid waterpipe line and appurtenanoes thereto and for the removing 01' 8ame if and when desired by the Grantee, it. 8ucaeS8ors and assign.; TO HAVE AND TO HOLD the above de.oribed ri~ht;.. of-way with all the appur- tenancel and privileges unto the said Grantee and to its succe&sors and a88i~n. ferever. The Grantee hereby covenant. and agrees with the Grantor~ a. tollow.. 1. That in conneotion with the installing, operating, using, repair- ing, replaoing. maintaining and removing of said waterpipe line it will replaoe. at its sole expense, all existing fences, ditohes and other appurtenanoes of said land that may be disturbed by its opera- tion in a condition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably pOSSible, and in the event that the same cannot be so replaoed the Grantee will pay to the GrantorS the reasonable value of the damage done by it to the same. - 2. That during operations involving excavation, it will remove trom the s1 te any large stones or any kind of debris that may have been exposed by the exoaTation and remaining after baokfilling is com- pleted; and shall leave the finished surface in substantially the same oondition that existed prior to the beginning of operations, except that the surface ot backtilled areas may be mounded suffi- oiently to prevent the formation of depressions after tinal settle- ment has taken place. 3. To install said waterpipe line at such 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 a manner as will not hinder or prevent the proper cultivation of the traot throu~h whioh this right-ot-way is hereby ~ranted, it being under- stood that the Grantors shall be reimbursed in tull by the Grantee for any actual damage dOne to the orops or the premises by virtue ot the Grantee's entry thereon. The Grantors hereby covenant and agree with the Grantee a. followlt - -- 1. That at no time will they builc!. construct, erect or maintain any permaneat .tructure over or above the said waterpipe line unless such structure i. built. constructed and maintained in suoh a manner that it would not interfere with the operation, use. repair, maiatenance, replacement and removal ot said waterpipe line. ...2- ~ 3fillK ., "j _.l I iWiE 470 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantors or ~heir successors and assigns. 3. That they ~_ lawfully seized of said premises) that they have good right and lawful authority to sell the same end that they_ and their heirs. executors. administrators. successors and assigns. shall warrant and defend the title to said premises unto said Gran"Gee. and its successors and assigns forever. against the lawful claim and d~mand of all persons whomeoever. It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administrators. succes- sors end assigns of the Grantor S and upon the successors and assigns of the Grantee. - IN WITNESS WHEREOF, the GrantorS have hereunto set their hands and seal and the Grantee. The City of BOzeman. has hereunto set its hand:-by its Mayor and its Clerk of the City Commission, each thereunto duly authorized. and has caused its oorporate seal to be affixed. ell on this 2~:nd day of Jt:'n e , 1957. / '~~~ / "7 '" ,;:.r/, ~.<,' ,'_.--" ! ~.,....t' - / //', /, )--. '- eel ~JJ hi .~rltA___-" l'/ \ / i " ,", I:. THE CITY OF BOZEMAN <. , lit .', 7 ,-.,~ . . BY//J{' ...... ~. ~~~~6ig ~~/ ~'StN~ ,.-: Mayor )-1 / ~~~/ f. {'/. t __.__' ~. ~ "'... ~, ATTEST: -L L .../,// .' ,,/ ~k/~U.~~-~--_'L// L. G. ~HADOAN, Clerk of the City Commission APPROVED. ~ L ~ LO ELA~ .... ('; '" '- City Attorney STATE OF ~) I SB County of Eu~CJPe.- ) On this ~:L cJ. day of ~A{ e- Notary Public for the State 0 . 1957. before me, the undersigned a . personally appeared known to me in and who signed the forego~ng instrument as GrantorS and acknowledged to me that they 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-