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HomeMy WebLinkAbout57- Thompson Hereford Ranches Inc. Easement . . . ...... . . 't . . :1/ P{:I,r ~n;) -. -- , .,-~,. EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR WATERPIPE LINE THIS AGREEMENT, Made and entered into this 27 th day ot Au:~us 1:-, A. D. 1957, by and between THmtP30]\] HEHEF(iRD RANCHr:::;, DTe . , a corporat.:cn orp;an:i.zEd and existin~ under the laws of the state of Tfontana, wit !' its principal pla.ce of business at Eozemmn, l'ontanD, party of the first part, hereinafter called the Grantor ,and THE: CITY OF - -- BOZEMAN, a munioipal oorporation of the State of Montana, in Gallatin County, the party of the second part, hereinafter oalled the Grantee. WITNESSETH; WHERF..AS, The Grantor is the legal record title owner__ of portions - of the wi of' Secti on 18, '1' 2 S, R 6E, t~ . P. ~n . ; and ~'VHEREAS, the Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to const~ct and install a waterpipe line for munioipal water supply from the mouth of Hyalite Canyon Southwest ot 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 aoroas the Grantor's land; and - WHEREAS, the Grantee dea1res to acquire from the Grantor_, and the Grantor wilUn!; to grant to the Grantee an easement and right-ot-way -- acr08s the above desoribed property of the Grantor__, and its Jlhedr1U:: ~-B.l4-bur~.:xaDmt.DKtmt~ 8ucoelSors and assigns, for the purpose of install- ing, operating, uling, repairing, replacing, maintaining and removin~ said waterpipe line, and for suoh other rights of access and incidental rights 88 are hereinafter desoribed, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $---162.00, in hand paid by the C1 ty of !ozeman, the receipt whereof is hereby acknowle<tged, and in further oonsideration ot the covenants and agreements between the parties hereto, the Grantor has granted, bargained, ,old, oo~veyed, and confirmed, and by these pre.enti does hereby grant, bargain, sell, oonvey, and oonfirm unto the said Grantee and its suooessors and assigns the followiZ1g rights and privileges foreverz 1. A perpetual elUement and right-ot-way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a waterpipe ..1- . , ~ . - .. . c" 17 rf~GE50f) l' : line and appurtenances thereto upon and across the above described property ot the Grantor , said easement and right-ot-way to consist of a strip of land thirty (SO) feet in width lying and being fifteen (15) feet on each side of the tollowin~ desoribed center line; Eec;i nnin,s at 8_ point, whlcb nolnt 1.s west along the south line of Seet-i on 18, 'r 2 S, R 6 E, ~lPT( , a 01 s t-.s :~.c e +. 95 fe ~ t i'l~orn tIle s '~"oJ.. ~ ~..~ G...l. qu"'''~''''-v, C'oY'Ylel' of S': i(1 0ect:l (')'1 1 p. r,'l1enc "" ,,~1 q~r;q ,;~' a distance of ~); _L U '...... .', .... _ _ J".J. J' ,i .. c:..t. _. ~,,),' n',. '.,_ 1 ,... _' ~ .J... . J.. '...' ..L.,..L _--' t:...,L- ,''II ~ 2785.6 feet; thence NOOof;4 'W a oisttH1ce of 1200.0 ';':'eet; tt en c e:'OO ') 30' Wadis t<1 t:_ce of 306.0 fee t TI'ore or 1 e s s to ::i J:.c~trlt oY!. tl: e easterly ri:sDt -of-way line of tl18 Chic&:2;o, rriJv.rau1.(ee, !-'.j... Pe.ul \: Pacific };;ai1- u L-. 1'080 Comr;any. A total di.s tanc e of 4291.6 feet, or 2AO.lO rods, or 0.81 mil Eo 3 . 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, repalrinc, replaoing and maintaining said waterpipe line and appurtenanoes 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 appurtenanoes and privileges unto the said Grantee and to its sucoeSsors and assigns forever. The Grantee hereby covenants and agrees with the Grantor___ as follows; 1. That, in oonneotion with the installing, operating, using, repairing, replaoing, maintaining and removing of said waterpipe line it will replaoe, at its sole expense, all existing fences, ditches and other appurtenanoes of said land that may be disturbed by its operation in a oondition equal to the oondition thereot existing before said operations were begun, or as near thereto as shall be reasonably possible. 2. That, dur1n~ 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, and stockpile said topsoil away trom the remainder of the exoavated material; and in backfilling, this topsoil will be replaced as the top one-foot of the trenoh. 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 atter backfilling is completed, and will leave the finished surface in substantially the same condition that existed prior to the beginning of operations, 9xcept that the surface of back- tilled 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 suoh a reasonable depth below the sur- faoe ot the earth as will permit normal oultivation of the ground. .. To operate. use and maintain said waterpipe line in such manner as will not hinder or prevent the proper cultivation ot the tract through which this right-of-way is hereby granted. 6. That upon oompletion of construction and installation of said waterp1pe 11ne the Grantee will pay to the Grantor , in addition to the above speci- fied money considBration for this easeme~ the sum of Six Dollars ($6.00) per lineal rod measured on the centerline of the right-of-way for damages to the premieeeby virtue of the Grantee' 8 entry thereon) and in the event that the Grantee enters said premises where orops are growing prior to September 15, 1967, the Grantor shall be paid in 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 ($50.00) per acre for orop dwnage to hay lands. The pay... ments herein speoified for damage to premises and crops shall be and oonstitute full payment to the Grantor for any suoh damage caused to the Grantor's lands and current crops, as-an incident 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's premises for the purpose ot repairing, replacing, maintain ins - ...2... _ .... . tit .. - 8rJUK 17 p~GE5n7 or removing se.id wat.erpipe line, the Grantee will reimburse the Grantor for any actual damage done to the Gran.tor's premises or crops. The Grantor hereby covenants and agrees with the Grantee as follows: 1. That at no time will it build, construct, erect or maintain any permanent structure over or above 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 or its successors and assigns. 3. That it is lawfully seized of said premises; that it has good right and lawful authority to sell the same and that it and its successors and assigns sha.ll warrant a.nd defend the title to sa.id premises unto SRid Grantee and its successors and assigns forever, against the lawful clej~, and demand of all persons whomsoever. It is understood and agreed by and between the parties hereto that thil'! Agree- ment shall be binding upon the successors and assigns of the Grantor and upon the successors and assigns of the Grantee. IN W'I'!'NESS WHEREOF', the Grantor has hereunto set its hand, by its proper officers, each thereunto duly authorized, and has caused its corporate seel to be affixed, and the Grantee, The City of Bozeman. he.s hereunto set its hand, by its Mayor and its Clerk of the City Commission, each thereunto duly authorized, and has caused its corporete seal to be affixed, all on this 2'7thday of Aup;ust, 1957. . " ,. ....1..,.,;/ \ -"I" \, . . \ ........ " TROMPS. O. NJi-mtE:F'ORD RANr.. ,$8. INC.. Q:) ') - . Z ) -11: ' J r-.. ..,.... 1 (i. r I . - -~. . . ..,.. . , .,~ ,./-' , ," .., ~ ,J ~ .... j 0'1 -"~ 'I .,'" ~. ..-.; : .~) '.,.;......'."- " . .:...n .". . ( By (.r: .J" I~, n "-:="0.-''' "" p 'd t .' :). '. ..~ r"~i .... f,- _~' _ . reSl en ..M~).....l',,;: /. ..' :: -J.F;~.. [-\ ..J- -/Lh.J. /:. t':':.)iV'~:', (;' ... ~ t; ,t, ~ "8 ~ 't - ~/ .' ..' ... ecre ary I J 1 , , ., , ':: ,,~. >, THE CITY OF BOZEMAN ~ ',' ~~ I I " " ~\ / ,", \; , By: ~ .. ",. ." ~ M. SWANSON, MAYOR . : ATTEST:'- 1 ~~ ; ,: , . ~ J r~"' :/ ~ ./ .....,.~~~~ '" ".)..,. G. $RADOAlJ, '. - '-(~J:et}<.~';f -the City Commission I,~ - APPROVED; ~ Q. ..I~~ . DAN R. ~VELACE Ci ty Attorney STATE OF' MONTANA ) ; ss County of Gallatin ) On this 27th day of Aup;us t , 1957, before me, the undersigned a Notary Public for the State of Montana, personally appeared Robert L. Thompson, known to me to be the President of Thompson Hereford Ranches. Inc.. the corporation that executed the within instrument, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereW1to set my hand and affixed my Notarial _3- . i 4. ... .. ..... . '1 .-; r ;-\ C) " 'I -:'/i"L 1.... d\.J.~ _,' f I "u, ,J~ L i Seal on the day and year in this Certifioate tirst above written. r,\ ~:' " o" . .. '~'. " II ! STATE OF MONTANA ) I as County of Gallatin ) On this 28trJ day of AU'7,ll st , 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 ot Bozeman, whose name is subscribed to the within instrument and acknowledged to me that they executed the same tor end on behalt ot said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and ~ar in this Certificate first above written. - . ~ .5 If I/; - (/,f.. ,../ '-- " C.t-<, ,..(.r<",. - '0 -,' " Notary bUc for th!,-.a~e li: MOn"t:;ana < :' < Residing atP'OZen1-GJ.l{ ~lt~mQ \ ... - My Commission expires - ";7,t.f'-anuar:l' !19()O , '" . r.:8 .168..:> . 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