HomeMy WebLinkAbout76- Daum Easement (3)
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EA S E 1\1 E N T
THIS AGHEEMENT~ Made and et!tered into this 9th , day of August,
IH76.. by and between IIAH,HY M. DAUM and KATULEEf\' MARY ELLEl'~ DAUM,
husband and wife, of Parma.. ldaho, the Parth~s of the First Part, ar.d
ALBERT J. l\lICHEL and HAMONA MICHEL McKEAN, of Bozemar,.. 1V[ontaca,
Parties of the Secol.d Part,
WIT N E SSE T H:
That the second parties are the owners and have made a long term
lease Dated April 16.1 1976, to first parties of ilie following described real
estate situate in Gallatin Coudy, State of MO'Jtan3, to~wit:
A tract of land in the South Half (S-}) of the Southwest Quarter (SV/;})
of Section Eleven (11), Township Two (2) South, Range Five (5)
East.. M. P. M... and more particularly described as follows: Begin-
ning at the Southwest corner of said SecUon 11 ~ 1nence North 1 c 22'
28" East.. on and along the West line of said Sectior, 11, to the
Northerly right of way of U. S. Highway,191.. as now laid ou t al;d
constructed.1 a distance of 56.61 feet, thence North 39" 17' :30" East
on and along said right of way~ a distance of 8D 3.06 feet to the
Southeast corner of the Southern Montana Veterinary Clinic, the
true point of beginning; thence North 1" 221 28" East 011 and alor~g the
East line of the said Veterinary Clinic property a distance of 300.. 00
feet; thence South 89" 17' 30" West on and along the North line of said
Veterinary Clinic property to a point on the East line of a parcel of
land owned by the State of Montana a distance of 150.00 feet; thence
North 10 22' 28" East on and along the said East line of the State of
Montana property to the North line of the s~sw-L a distance of
963.74 feet; thence North 89" 24' 38" East on and along said North
line to the Northwest corner of the R. LJ. Stratford property.. a dis...
ta nee of 147 8. 19 fee t; the._oc.e_PQuJI.1.0" 1 6 .:.J~~Y.Q,~(t'::_?~9..t2..d a lQ.Ug_.tb~
Fest line of said Stratford property a distance oL:c4.5,9_._54\ feet; thence
S-outh--Z~(js-r-s-S-I--Eastcm-and--alorrg-the-Sotitliwester1y line of said
Stratford property:! a distance of 2644 58 feet~ to a poiDt on the right
of way curve of U. S. Highway 191.. Station 286 .f. 96.3; thence on and
along said right of way curve to the right having a radius of 1860
feet through a central angle of 450 :):3' 38" a distance of 1479.04 f('ct
to the right of way p. C. Station 271 + 77. 5; thence South 890 17' 30'1
\Vest OC, and along said right of way a distac,ce of 143.15 fCf't to
the true point of beginning. Said tract contains 38. 612 acrcs~
subject to existing easements for irrigation ditches.. power linesJ
gas lir'.E's and water ILles as the same now exist: over and across
said property.
That first parties are building a commercial shopping center on said
lands and in connection therewith desire to install a trunk sewer line and other
connecting sewer lines on said lands.. and in connection there\vith it iij agreed
as fa llows:
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1. That second parties give and grant to first parties a right to i nstaH
permanent sewer and water lines over and across said lands at such places
andi n such manner as first parties may desire in co nnection with constructing"
maintaining and operating a shopping center on said lands.
2. It is understood in connection with this agreement that first parties
are desirous of making satisfactory arrangements with the City of Bozeman..
_Montana~ for sewer and water connections and that fi.rst parties are securing
this easement for that purpose~ and in connection therewith first parties agree
to comply with engineering specifications and requirements and ordinances of
the City of Bozeman~ Montana~ in installing said trunk sewer line and water
li'nes.. and agree to assign first parties' interest in this easeme nt to said City
when requested or required by said City~ and that the use of said sewer and
water lines and the regulation of the connections and amount of sev/age shall
be under the direction and control of said City..
3. It is expressly understood that said sewer and water Ii nes shall be
constructed without cost or expense to second parties and that first parties
will save second parties harmless from any liability in connection with the
construction of the same.
4. Second parties agree that this easement shall cover any extension
of sewer or water lines that the Cit;y of Bozeman may require across said lands
for service of adjoini.ng property or property situate to the South of said lands
and second parties agree to execute any additional easements for sewer or
water lines that may be required by the City of Bozeman.
It is also understood in connection with this easement that t.he same
may be assigned to the City of Bozeman by first parties and that. the same
shall be binding upon second part.ies as p(~rmanent easl:'tnents to install either
sewer or water lines at any location on said property.
5. 'Ibis easement shall apply to and bind the hcirsJ exccutorsJ
administrators and assigns of the parties hereto.
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IN WITNESS WHEREOF" the parties hereto have hCl'punto executed this
instrument the day and year first above written.
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H;~ry' 1\1. Daum' . i .. -" '..
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~ J'1athle~'n %:rY~tlie'l~-;~rnt' '''~''''_e.__.,'
;rhe Parties or)lie First Part.
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.."- AIQkrt J. Michel'-'
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Part.
STATE OF MONTANA )
) 55.
County of Gallatin )
On this 9th day of August" 1976. before me, a~otary public it< and for
said State" personally appeared Harry M. Luum and Kathleen Mary Ellen D..aum"
husband .and-wife" Albert J.Michel" a single marl" and Ramoc,a Michel McKean"
known to me to be the persons whose names an~ subscribed to the within
instrument" and acknowledged to me that they executed ~p-e 53-me.
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Nora y 'I'~ for.jFY;;:t~te of l\!i(~tana.
n,esiding at Boze~'" '\~otan2.
My Commissio n expires .]-anu2ry 14, 1977.
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A G R E E MEN T
THIS AGREEMENT made and entered into this 5th day
of November, 1980, by and between THE CITY OF BOZEMAN, a municipal
corporation, hereinafter referred to as "City" I and HARY M. DAUM
and KATHLEEN MARY ELLEN DAUM, husband and wife, hereinafter referred
to as "Developer",
._~,. WIT N E SSE T H :
WHEREAS, the parties have previously entered into a
sanitary sewer agreement on the 29th day of September , 19~, a por-
tion of said agreement providing that the City shall collect interest
from property owners when such property owners hook onto the sewer
system; and
WHEREAS, the parties desire to omit any requirement of
the payment of interest to insure prompt hookups to the sewer
system by said property owners;
NOW, THEREFORE, in mutual consideration of the covenants
and conditions contained herein, it is hereby agreed as follows:
1- That said sewer agreement previously mentioned is
hereby amended to exclude any requirement that property owners who
hook onto the sewer system should be required to pay any interest.
2. That this addendum shall not release any property
owner from paying his proportionate share of appropriate cost of
installation and construction of said sewer system.
3. That except for the deletion of the requirement of
payment of interest, all other provisions and terms of said agree-
ment are hereby confirmed and ratified.
DEVELOPER: THE CITY'OF BOZEMAN, a
municipal corpor~tion
f :'
HARRY M. DAUM By '\ -' . /
MAYOR
KATHLEEN MARY ELLEN DAUM ATTEST: . ....,.;- l
Clerk of the City Commission
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