HomeMy WebLinkAbout65- Thompson Hereford Ranches Easement (2)
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EASEMENT
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THIS AGREEMENT, Made and entered into this~day of October,
1965, by and between Thompson Hereford Ranches, Inc., a Montana
corporation of Bozeman, Montana, party of the first part, and City
of Bozeman, a municipal corporation, organized under and by virtue
of the laws of the State of Montana, party of the second part.
WIT N E SSE T H:
WHEREAS, the party of the first part owns and has title to that
real est~te and real property located in Bozeman, County of Gallatin,
State of Montana, described as follows:
Blocks One (1), Three (3), Four (4), , Seven (7),
Eight (8), and Nine (9) of Thompson Addition No.4 to the
City of Bozeman, according to the official plat thereof on
file and of record in the office of the County Clerk and
Recorder of Gallatin County, Montana.
and,
WHEREAS, the party of the second part desires an easement for
the purpose of constructing, erecting, and maintaining flood control
and drainage easements over and across said lots as said creeks
presently exist or may hereafter be changed at the time that said
blocks are platted into lots.
NOW, THEREFORE, It is agreed as follows:
That the party of the first part does hereby grant, assign, and
set over to the party of the second part an easement for flood control
and drainage ditches and natural creek drainages as the same now
exist and flow over and across said above-described property and
as may hereafter be changed by the parties hereto;
IT IS FURTHER AGREED, That at the time that first party, its
successors or assigns, desire to plat said property above-described
that a final drainage plan shall be reached and accompany said plat
or plats, and the easements so granted shall become fixed and final;
The party of the first part shall fully use and enjoy the afore-
said premises, except as to the rights herein granted, and the party of the
second part hereby agreed to hold and save the said party of the first
McKINLEY ANDERSON
ATTORNEY AT LAW
:23 SOUTH WIl...."ON AVllNUll
BOZEMAN. MONTANA !l97115
TELI!PHON" 1$87.4:209
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part harmless from any and all damage arising from its use of the right,
easement, and right of way herein granted and agrees to pay any damage
or damages which may arise to the property, premises, or rights of the
party of the first part through second party's use, occupation, and
possession of the rights herein granted.
TO HAVE AND TO HOLD said easement and right of way to the party
of the second part, its successors or assigns forever.
IN WITNESS WHEREOF the parties hereto have caused their names to
be affixed and these presents to be executed by their duly authorized
officers on the day and year first above written.
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Party of the First Part
THOMPSON HEREFORD RANCHES, INC.
By /,;<;;r('i/ /1,;;-/-0.-/'
Presidetrt
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Party of the Second Part
CITY OF BOZEMAN
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By ~0-,L~jf / ~_~C'-r--,,-~)-j
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McKINLEY ANDERSON
ATTORNEY AT LAW
23 SOUTH WILLSON AVENUE
BOZEMAN, MONTANA 1597115
Te:Le:,.HONe: 1587-4209
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STATE OF MONTANA )
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County of Gallat}n )
On this~?~day of October, nineteen hundred and sixty-five, before
me, a Notary u lic in and for said State, personally appeared Neal
F. Weaver Bnd Herbert I. Thompson, known to me to be the President
and Secretary, respectively, of the corporation that executed this
instrument or the persons who executed the instrument on behalf of
said corporation, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first above
writ.ten.
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14, 1967
STATE OF MONTANA
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County of Gallatin
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On this 3 day of October, nineteen hundred and sixty-five, before
me, a Notary-PU&lic in and for said State, personally appeared
R II//} F?. P.. II 1'10 R A 0' tV and t--/t IV /f V, )lAH VI /1/ 0- , known
to me to De the Mayor and Clerk, respectively, of tne corporation
that executed this instrument or the persons who executed the instru-
ment on behalf of said corporation, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first above
written.
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INDEXED,
PLATTED' 'y
State of Mont.. County of Gallatin. sa. Flied for record November 4 , 'tOGS
at 2: 30 p ._. M.. and recorded, in BOO"-~'-.077.l!IS:-'----I>lIge 335
CARL L. STUCKY Recorder. By --e.o-e-pt:7 ~L'~ Deputy
Rt: City of Bozeman
McKINLEY ANDERSON
ATTORNEY AT LAW
23 SOUTH WILLSON AVENUE
BOZEMAN. MONTANA 59715
TELEPHONE S87-4209