HomeMy WebLinkAbout57- Weaver Easment and right of way Agreement
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EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR WATlJ:RPIPE LINE
THIS AGREEMENT, Made end entered into this Z7 tb day of AUTUS t , A. D.
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1957, by and between DONALD K. VillA VER . JR. . and 1<IK4.L F. VJEA VER
of BozemanJ Montana
parttes of the first part, hereinafter oalled the Grantors , and THE CITY OF
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BOZEMAN, a munioipal oorporation or the State of Montana, in Gallatin Count,y,
the party of the second part, hereinafter oalled the Grantee.
WITNESSETH;
WHEREAS, The Grantor,lL are the legal record title ownerlL" of portions
of the r~v* of Section 19. T 2 S. R 6 E. MJ;'M
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and
WHEREAS~ the Grantee, in the exercise of its power and authority as a
munioipality 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 direotion and Northerly
direction to the said City of Bozeman, a portion of which proposed waterpipe
line would run across the Grantors land; and
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WHEREAS, the Grantee desires to acquire from the Grantor~, and the
Grantors are willing to grant to the Grantee an eesement and right-of-way
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across the above desoribed property of the Grantor!-, and their heirs,
.xecutors, administrators, successors and assigns, for the purpose of install-
ing, operating, using, reI-airing, replaoing. maintaining and removing said
waterpipe line, and for such other rights of access and incidental rights as
are hereinafter desoribed, all as hereinafter more particularly provided.
NOW, THEREFORE, in oonsideration of the sum of $----50.00, in hand pa.id
by the City of Bozeman, the reoeipt whereof is hereby acknowleoged, and in
further consideration of the covenants and agreements between the parties
hereto, the Grantors have granted, bargained, sold, conveyed, and oonfirmed,
and by these preaenti ~ hereby grant, bargain, sell, convey, and confirm
unto the said Grantee an its successors and assigns the following rights and
privileges forever:
1. A perpetual easement and right-or-way for the purpose of installing,
operating. using, repairing, reI-lacing. maintaining and removing a waterpipe
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line and appurtenance. thereto upon and across the above desoribed property ot the
Grantors # said easement and right-of-way to consist of a strip of land thirty
(SO) fe~in width lying and being fifteen (15) feet on each side of the followin~
desoribed center linel
Beginning at a po!nt, which point is west along the north line
of Section 19, T 2 S, R 6 E, MPM, 11 distance of 95 feet from the
north t corner of said Section 19; Thence S2uo56'B a dist~nce of
286.9 reet more or less to a point on the eBst line of the NWt of
sa id See tion 19. A total distance of 286.9 feet, or 17.39 rods,
or 0.05 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,
replacing 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 described right-or-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:
l. That, in oonnection with the installing, operating. using, repairing,
replaoing, maintaining and removing of said waterpipe line it will replaoe,
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
condition 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 topsoil
from the trench area to a depth of one foot, or to the full depth of the top-
soil, whichever is less, and stockpile said topsoil away from the remainder
of the excavated 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 backfilling is completed, and
will leave the finished surface in substantially the same condition that
existed prior to the beginning of operations, except that the surfaoe of back-
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-
~oe 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 cultivation of the traot through which this
right-or-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 speci-
fied money oonsid,eration 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 said premises where orops are growing prior to September
15, 1957, the Grantor s shall be paid in addition to said Six Dollars ($6.00)
per rod, One Hundred DOllars ($lOO.OO) per acre 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 aore for orop damage to hay lands. The pay-
ments herein specified for damage to premises and crops shall be and constitute
full payment to the Grantor~ for any such damage caused to the Grantor~
lands and ourrent orops, as an inoident to the initial construction and
installation of the waterpipe line.
6. In the event that it should become neoessary for the Grantee to re-enter
the Granto~ premises for the purpose of repairing, replacing, maintaining
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or removing said waterpipe line, the Grantee will reimburse the Grantors tor
any actual damage done to the Grantor~ premises or crops. ---
The GrantorS hereby covenant and agree with the Grantee as follows:
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1. That at no time will thel: build, construct, ereot or maintain any
permanent structure over or a ove the said waterpipe line unless such 8truo-
ture is built, oonstructed 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 peaoeably hold and enjoy the rights and privileges
herein granted without any interruption by the Grantors or their lIuooe.-
sors and assigns. ---
3. That they are lawfully seized of said premises; that they have
good right and lawful authority to sell the S9.mp. and that the:v and their
heirs, executors, administrators. succecsors anJ assigns, shall warrant and
defend the title to said pl'emj s es un to said Gran tee. and its succes sora 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, executors, administrators, successors and
assigns of the Grantor1L- and upon the successors and assigns of the Grantee.
IN WITNESS WHEREOF, the Grantor 8 heve hereunto set th.eir hands and
seals and the Grantee, The City ofEOzeman, has hereunto set its hen~by it,
Mayorand its Clerk of the City Cornmisslon. eaoh thereunto duly authorized~ and
has oaused its corporate seal to be affixed, all on this 27 th day of
Augus t · 1957. ff~): 1k~. ff,.o
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! ..... ': -,::' /,~, THE CITY OF BOZEMAN . (/~
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.~ .,:'~",;'r:'; " ~" By; ~0'
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ATl"ES-T: ..'
c1~#
c;-r~ ~A--:?'V/
L.. ,
Clerk of the City Commission
APProVEDz
C:-'tr ~~
~ . L LACE -
City Attorney
STATE OF HONTANA )
: Sl!l
County ot Galla tin )
On this 27 th day of AUfjll.'3 t ~ 1957, before me, the undersigned a Notary
Publio tor the State of Man tan::t ,personally app<:>ared
DONALD K. WEAVER ~and NEAL F. WEAVER
known to me to be the p'nsor.lS del'cribed. i~ and "rho Big;ne~l tile forego:i.ng
instrument as Gran tor!!..- and a ck.."1.cwJ. edged to me th~ t the y had executed the same
freely and voluntarily, fOl" the uses e..o.d purposes thereJ.n expressed.
IN WITNESS WHEREOF, I have hereunto !Set my hand and affixed l!rf Notarial
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Seal on the day end year in this Certif'icate first above written.
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STATE OF MONTANA )
1 !!IS
County of Gallatin )
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On this 28th day of Au~ust .1957, before me, the undersigned, a
Notary Public for the State of Mont~a, 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 end on behalf
of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed Jlfi Notarial
Seal on the day and year in this Certificate first above written.
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Deputy.
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