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HomeMy WebLinkAbout65- Thompson Hereford Ranches Easement (2) ~" ~ ;~., . . ...: .""~"'~'. r l..", t;,., ! 1~jh.'~ .J...l EASEMENT 'IA c."y: 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 r:~' 1~4"E ;J36 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. \,1 \'1 ! I , L " ! ;' ". "':~f~ :'.:;';::1- -_;~,~l. .'.~: ;~:--_. :: ...:' ~A~t~t:t\':::~ ~~ ;' \ (J:', L'<,;; ~ : ~:' ;; "", ....-..\: \ ~,1;'-(,/'\Io,( ~.lj) . ~ M".... ;c ~ '_/l"l: _ "'<<..,i../l ' \. :~. I~ ...~L\tec~~:tii, '<7 :": ,.': :' . .' .; .';.. ',.,,-:' '. } I' 'C 'A' , " I- f 'I , I, ~,.' \ ' !'liill\III\\\\ ,.'''....".. Party of the First Part THOMPSON HEREFORD RANCHES, INC. By /,;<;;r('i/ /1,;;-/-0.-/' Presidetrt } /<><<:.'~ ". ,,,.' .",.,/" ,,' .,) .' {',' ...,'.",..01/ 7..,~..." I ,... , / , "'0." -" r -" p ~ v /' Party of the Second Part CITY OF BOZEMAN ?J I ~/ ' By ~0-,L~jf / ~_~C'-r--,,-~)-j I . Gi McKINLEY ANDERSON ATTORNEY AT LAW 23 SOUTH WILLSON AVENUE BOZEMAN, MONTANA 1597115 Te:Le:,.HONe: 1587-4209 , . . 2, i~i~J37 .I STATE OF MONTANA ) . S8. 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. . ' ~ \ " . :', " . \.\ C ., ! ,. ' .. -) .,., -, ,. .'.' ...:,' ,...,..... ~-'" ". \ ;...., . '_. .' .,' ,,'. ....,"'\ J~; .' ~. ;. -.. :" t "'~'_; , :"1'", ~t . ~'.' . .: .: :". '; :~,~~':.l t ?~~ ~ .-: 1_'"1: ";;\:.~.~~1fAR~~"::SEAL) /',1 """''',, " ''1 ' ,I . 1" I ", ~ 1 ~ , ~,.. /\ ;.: ~ ~ . r..IIII.,.,,\ ' 14, 1967 STATE OF MONTANA ) . . ) ss. County of Gallatin II J ...-e M t- (' r 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. ,".' '.... j ; i'I J'., ~ " ,~:'(NOTARI'At1"'SEAL) -:. .: ,', .\ A I?.' ".""'; . ,l ' , . 'I " <:.,,>.~.'~ 1:t:J(:~_:1.. ....... ..... ~ "- .":'" II, \.', \ J,Iji"'H!I!\\1\11 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