The URL can be used to link to this page

Home My WebLink About57- Svensrud Easement ~. ... ~4;'" :.! (~I' ,~~~ I ,'" r: ",. ( ) " / P/:G~ ,) EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR WATERPIPE LOO THIS AGREEMENT, Made and entered into this 14th day ot October. A. D. 1957, by and between HARVEY SVENSRUD and GRACE SVENSRUD husband and wife. of Bozeman. Montana. as .101nt tEnants part~of the first part. hereinafter called the Grantor~. and THE CITY OF BOZmIAN, a munioipal corporation of the State ot Montana. in Gallatin County. the party of the second part, hereinafter called the Grantee. WITNESSETHl WHBRF...AS, The Grantor~ are the legal record title owner~ of portions of' the SE1 of 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 trom the mouth of flyalite 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 run across the Grantor~ land; and WHEREAS>> the Grantee desires to acquire from the GrantorJL. and the Grantor.!.., are willing to grant to the Grantee an easement and right-ot-way across the above desoribed property ot the Grantor~, and thelrheirs, ,xeoutors, administrators, successors and assigns, for the purpose of install- lng, operating. using, re~alrlng. replaoing, maintaining and removing said waterpipe line. and for suoh other rights of aooess and inoidental rights as are hereinafter described. all as hereinafter more particularly provided. NOW, THEREFORE. in oonsideration of the sum of $----50.00 in hand paid by the City of Bozeman. the reoeipt whereof is hereby acknowleaged. and in further consideration of the covenants and agreements between the parties hereto, the GrantorS ha ve gr~nt~d, bargained. sold>> conveyed. and confirmed. and by these presents do heret] grant>> bargain. sell, convey. and confirm 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- .. ,~(':[!~ :1 '7 !VGt 571 line and appurtenaBoes thereto upon and aoross the above described property of the Grantors ,said easement and right..of...way to consist of a strip of land thirty (30) feet in width lying and being fifteen (15) feet on eaoh side of the following desor1bed oenter line: Beginning at a point on the South Line of Lot Eight (6) of Bulen's Su.bdivision of Gallatin County, Montana, which said point is 509.2 feet, more or less, from the Southeast Corner of said Lot EiCht (6); thence Southeasterly a distance of 819.7 feet, more or less, to a point on the South Line of Section Nineteen (19). T 2 S, P 6 E, MPM, which point i31767 feet, more or less, from the South Quarter Corner of said Section Nineteen (19). 2. The perpetual risht 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 maintaining said waterpipe line and appurtenanoes thereto and tor the removing ot S~ if and when desired by the Grantee, its suooessors and assigns; TO HAVE ~D TO HOLD the above described right-of...way with all the appurtenances and privileges unto the said Grantee and to its suocessors and assigns forever. The Grantee hereby oovenants and agrees with the Grantor s as tollows: - 1. That, in connection with the installing. operating. using, repairing, replacing. maintaining and removing ot 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 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. during operations involving excavation, it will remove the top... so11 from the trench area to a' depth of one foot, or to the rull depth of the topsoil, whiohever is less. end 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 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 surfaoe in substantially the same oondition that existed prior to the beginning of operations. exoept 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 surfaoe of the earth as will permit 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 oultivation of the tract through which this right-of.way is hereby granted. 5. That upon completion of construction and installation of said waterpipe line the Grantee will pay to the Grantors , in addition to the above spec1... fied money consideration for this easement; the sum of One Dollar and Fit~ Cents ($1.50) per lineal foot for the first one hundred (100) feet, One Dollar ($l.OO) per lineal foot for the second one hundred (lOO) teet. and Seventy. five Cents ($0.75) per lineal foot tor the balance of the footage crossing the property of the Grantors as measured on the centerline of the right-ot-way, for damages to the prenri.ses and crops by virtue of the Grantee's entry thereon. The payment herein specified for damages to premises and crops shall be and oansti tute full payment to the Grantors for any such damage caused to the Grantors' premises and current cro~s,--a6 an incident to the initial construction and installation of the waterpipe line. 6. In the event that it should beoome neoessary for the Grantee to re..enter the Grantor~ premises for the purpose of repairing, replacing, maintaining -2- , .. .. '., r' '-1') I Y"'- ) 1/ , i li(" '. ,_ or remov1nc said waterpipe line, the Grantee will reimburse the Grantors for any actual damage done to the Grantor 8' premises or crops. - - The GrantorS hereby oovenant and agree with the Grantee as fol low. 1 - -- 1. That at no time will thes: build, construot, erect or maintain any permanent struoture over or a ove the said waterpipe line unless such struc- 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 s or the ir succel" SOl'S and assignse 3. That they are lawfully seized of said premises; that they have good right and la.wful authority to sell the same and that they and their heirs, executors, administre.tors. successors and assigns. shall warrant and defend the title to said prem:ises unto said Grantee. and its successors and assigns forever, against the lawful claim and dereand 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, e~ecutors, administrators, sucoessors and assigns of the Grantor~ and upon the successors and assigns of the Grantee. IN WITNESS WHEREOF, the GrantarL have hereunto set their hand..!- and seals end the Grantee, 'The City of Eozeman, has hereunto set its hand, by it. Mayo'Ti'nd its Clerk of the City Commissjan, eaoh thereunto duly authorized, and has caused its corporate seal to be affixed, all on this 14th day of 00 tober , 1957. ~A<~ (,/ A /I-('f!J"-<" . _.:J) ~ ~...... .<J ...... d -"" THE CITY OF ':'~ .~ ~~.~~ . OLD M. 0 , Mayor ATTEST; ~tft:!6:~~~/ . G. SHADO , Clerk of the City Commission APPROVED, D~~"OV~tic~ f/_.~ City Attorney County at Galla tin ) ; ss ) STATE OF MONTANA On this 14 th day of October , 1957, before me, the undersigned a Notary Public for the State of - Montana . pe.sonally I".ppeared lliU1VEY SVENSRUD .,~ GR~q~ ~VENSRVD known to me to be the p'n'sor.. S del'ct':Ited. 1;.1 and 1}"ho signe';' tIle for-=go:i.ng instrument 8S Grentor.&... and-ick..'1.cwledged to me that they hod executed the same freely and voluntarily, for the uses e.nd purposes therein p.xpressed. IN WITNESS WHEREOF, I have hereunto set rtr$" hand and affixed my Notarial .3- i ... I' ... "~~'t~ 1 ,"".. .- -.' .......~ .',. I' _ _ I i/;Gt:) I ' Seal on the day and year in this Certifioate first above written. ..~ Notary Pu io Residing at MiY Commis s 10n STATE OF MONTANA ) , s. County of Gallatin ) On th1s16th day of October ,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 subscribed to the within instrument and aoknowledged to me that they executed 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 1n this Certifioate first above written. ! t-I>....{}~) ~, t t" (~y I~.'~ J---.""'-.".' .1.-.~.-i-il'.-'.:i''C7T.' ,:;.,......-. -- ~..~...~..:< :::l~.,t.;.1 L. ....-- \ I Py ,A ri,rr I':;-r-~'-~ ,,- ".. .." '.- . ,-..~;;:;-,,~~.j_..~ BY'.._~_____.__.."..-,,_.....___,,_ .ll'ee ;_--- Deputy. -4-