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HomeMy WebLinkAbout81- Farmers Canal Co. Agreement Rt: City of ~ozerpan r"Fee: ;; -- -- .. . . . . ~ . J ;. . . [IN~EXfD X 1 . . r'u~ 69 PMiE 'e?a ~ ""--. / 97Z72 April 26 82 State of MORt., County ef 8allath'l. es P'lted for record I "9 . at 8: Vi . AM., and reeorded In Book 69 of MISCELLANEOUS page~9 - Recorder. By ~? ~1.1~ AGREEMENT ' THIS AGREEMENT, made and entered into this ~ day of October, 1981, by and between FARMERS CANAL COMPANY, a Montana corporation, doing business in the State of Montana ...- whose address is located in Bozeman, County of Gallatin, State of Montana, hereinafter referred to as "Company" , and the CITY OF BOZEMAN, a municipal corporation under the laws of the State of Montana, hereinafter referred to as "City", WIT N E SSE T H : WHEREAS, the Company has historically maintained a ditch easement known as the "Farmers Canal" which delivers water trom the West Gallatin River to various irrigators in the Gallatin Valley; and WHEREAS, the Farmers Canal traverses across Gallatin County, and flows through the City of Bozeman; and WHEREAS, the City of Bozeman and its agents have prior to this date installed several culverts in the Farmers Canal, which culverts are located within the City Limits of the City; and WHEREAS, both parties recognize the growing burden for liability, maintenance and control of the Farmers Canal as a result of the growth of the City of Bozeman. It is the mutual concern of both parties to facilitate the growth of the community and to provide protection for damage as a result of said growth; NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements contained herein, it is hereby agreed as follows: 1. Company does hereby grant total and exclusive control of the culverts and other structures which are in .. . ,; ... ". ~ . . . . . . . , , << filM 69 P~GE 880 place or will be placed in or over the Farmers Canal as it flows through the City of Bozeman beginning on its south municipal boundary line and extending past its north municipal boundary line to the northwest corner of Covered Wagon Trailer Court at the termination of Oak Street. This grant -- of authority includes to the City the right, authority and responsibility to maintain, repair, and provide access, ingress and egress over the ditch and Farmers Canal, and to repair and maintain the ditch, culverts and other structures located therein all within the municipal boundaries and the extension above described. 2. The City as a result of said transfer of authority, shall be responsible for any and all maintenance concerning said Farmers Canal Irrigation Ditch. 3. Both parties recognize that there is some work necessary to repair the irrigation ditch to an appropriate level allowing reasonable continued maintenance by the City. Company shall pay to City the sum of FIVE THOUSAND DOLLARS ($5,000.00) , in hand received, as recognition ot the amount of monies necessary to bring the structure of the Farmers Canal up to the proper maintenance level. City agrees to perform all desired maintenance, and be responsible for any other funds necessary from this date forward for the operation, maintenance and grooming of the Farmers Canal as it proceeds through the area above described. 4. City shall be solely liable for any damages created or arising as a result of obstructions or maintenance of the irrigation ditch as it flows through the City. In that connection, the City shall hold Company harmless from any and all litigation that shall arise as a result of the failure of the City to properly maintain, operate and groom the Farmers Canal ditch as it passes through the City. 2 " . . -. . . ... ,. . . . , . - . . < ' . \ flU. 69,,~ B~1 Specifically, the City realizes that it shall fully assume the liability for all damage caused by the negligent design, installation of the culverts and structureS placed by the City within the last several years and any and all structures allowed to be placed in the Farmers Canal or over it by the City in the future. The City shall install two (2 ) Stevens Recorders located at the northern and southern boundaries of the above described area. These Stevens Recorders shall record the amount of water flowing into the Farmers Canal as it enters the municipal limits of the City and as it exits the above described area. The City hereby assumes respon- sibility for the amount of water flowing into the Farmers Canal between the municipal boundaries above described, which is recorded on the Stevens Recorder. The City specifi- cally does not assume any liability for water flows that exist, and its velocity, capacity or head as it enters the southern boundary of the City. 5. The parties specifically exclude from this agree- ment any effects of the use by the City of the Farmers Canal for storm drainage purposes. It is recognized that at the present time the City has placed storm drains in the Farmers Canal and any damages which may arise in the future as a result of the USe of the Farmers Canal for storm drainage purposes shall be handled separately from the purposes of this agreement. This agreement in no way resolves, disposes of or affects any grant of authority for the use of the Farmers Canal or any waiver of any damages resulting from the use of the Farmers Canal as a storm drainage system. to seek the fees. 6$ connection, in the e fails hold harml ss the 3 .) .- ~ ~ q ... .. .. . . . . . . )- . . . .. , flUf 69'AGE 882 Company litigation pe taining to t subject matter of this shall be 6(11 rT entitled to the n fees paid ~ by the Company durin such litigation. f- . JJ, IN WITNESS WHEREOF, the parties have set their hands and seals the year and date first above written. FARMERS CANAL COMPANY ATTEST: By k~/ .E U,hu/ Oz7c9 i:rltf~(~~ p sident .~ - ::~~ CA- ,~~. . , Mayo - . 4 ......