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Home My WebLink About57- Langohr Water and Sewer Easement , . . ...- ~ ... .. . . '. . . ;,:,r"JI,<< '1 ~.-' "~ .". ~n .,~ i-! 4 ,< .,' ~~ .' ,,1''1'.)1 WATER AND SEWER EASEMENT AGREEMENT THIS AGREEMENT, Made and entered into this 21st da y of November, 1957, by and between THE CITY OF BOZEMAN, a municipal cor- poration, the party of the first part, and DON M. LANGOHR and FLORENCE M. LANGOHR, husband and wife, and DON M. LANGOHR, JR. , and PA TRICIA D. LANGOHR, husband and wife, the parties of the second part; WITNESSETH: WHEREAS, heretofore, and on or about the 25th day of June, 1917, Emil Ketterer and Louisa S. Ketterer, husband and wife, who were predecessors in interest of the parties of the second part, above named, executed and delivered a certain deed to the City of Bozeman, party of the first part above named, granting certain rights of way across lands then owned by said Emil Ketterer and now owned by the parties of the second part above named, and located in the Northwest Quarter of Section 18, Township 2 South, Range 6 East, M. P. M., in Gallatin County, Montana, said rights -of-way to be used and enjoyed perpetually by the City of Bozeman as an easement for rights-of-way for flow lines for the municipal water supply of said City of Bozeman, and said conveyanc e by the said Emil Ketterer contained certain agreements as consideration flowing from the grantee to the grantors named in said deed with respect to installation of water connection and tap and furnishing of sufficient water supply by said grantee to the grantors, their heirs, successors and assigns, and with respect to the agreement of said grantee to make connection with said premises to any sanitary sewer adjacent to said property; and, ,L WHEREAS, certain difficulties have arisen between the parties to this agreement subsequent to the acquisition by the parties of the second part of the ~ ownership of said lands in the Northwest Quarter of Section 18, Township 2 t ~ South, Range 6 East, M. P. M., as to the construction of the said agreements i of the grantee mentioned and set forth in said conveyance dated June 25, 1917, . which said conveyance was recorded in Book 56 of Deeds at page 471, records . .~ in the office of the County Clerk & Recorder of Gallatin County, Montana, and it is the mutual desire of the parties to this agreement to construe the requirements of said former conveyance and to make provision as to the agreements of the party of the first part for the future in such manner that no further difficu,lty will ~ , . . . . . . . , 21 /1 :\1 ."'1n- ':/ . .'",\ '~~",. -2- \":;1;, arise as to construction of the agreements set forth in said deed dated and recorded as aforesaid. NOW, THEREFORE, IN CONSIDERA TION OF THE PREMISES and of the mutual agreements hereinafter set forth, and by the respective parties to be kept and performed, the parties hereto have agreed as follows: That the party of the first part shall, as soon as reasonably possible, furnish at its own cost and expense and install a four inch tap of iqwater main running in an easterly and westerly direction across the property of the parties of the second part along the line of Garfield Street in the City of Bozeman, as extended across the said lands of the parties of the second part, said tap to be of sufficient length to extend from the said water main on the lands of the parties of the second part at the location of the present one inch tap utilized to supply the greenhouse of the parties of the second part, to a point sufficiently beyond the north line of Garfield Street, as extended across the lands of the parties of the second part so that the parties of the second part may affix their water lines thereto and procure a water supply from said four inch tap; and, in this connection, it is specifically understood and agreed that the parties of the second part, their heirs, executors, administrators and assigns may affix water lines to said four inch line to supply all domestic and industrial needs of the parties of the second part, their heirs, executors, administrators and assigns on the said premises now owned by the parties of the second part in the Northwest Quarter of said Section 18, Township 2 South, Range 6 East, M.P.M. it being specifically provided that the parties of the second part shall attach a mEter or meters to measure the quantities of water supplied by means of said four inch tap and that, in the event the parties of the second part, their heirs, executors, administrators and assigns shall install more than one water meter on said premises, the readings of all of said water meters shall be added to- gether so that the parties of the second part, their heirs, executors, administra- tors and assigns shall be required to pay for the use of water supplied by the party of the first part on said premises on one charge for all said water supplied as determined by adci all of said meters at the current rate charged to consumers of water within the City of Bozeman. . .. . . . . . . . . ~~ I; ~ : ~ J S PIlGf 22 -3- IT IS FURTHER AGREED That the party of the first part, upon request of the parties of the second part, their heirs, executors, administra- tors and assigns, will provide connections connecting the said premises now owned by the parties of the second part and formerly owned by the said Emil Ketterer, with any sanitary sewer of the party of the first part on Tracy Avenue, South, Black Avenue, South, or Cleveland Street in the City of Bozeman, or on all said streets and avenues, provided that said connections are to be paid for by the parties of the second part, their heirs, executors, ad- ministrators and as signs, at the same cost as shall be charged for a like service in the City of Bozeman at the time when said connections are made. IT IS FURTHER UNDERSTOOD AND AGREED That the water connection taps and sewer connections in this agreement mentioned and provided for shall, in each and every instance, be made under the supervision and direction of the City Engineer of the City of Bozeman, Montana. IT IS FUR THER SPECIFICALL Y UNDERSTOOD AND AGREED That the parties of the second part, their heirs, executors, administrators and assigns, as to said water supply, shall furnish, at their own cost and expense, all pipes and water lines, as well as all water meters which shall be installed on their property beyond the north end of the said four inch line agreed to be installed by the party of the first part. IT IS FUR THER UNDERS TOOD AND AGREED That, from and after the date of this agreement, this agreement shall be considered as the entire agreement between the parties hereto as to the rights and duties of the parties respecting installation of water taps, furnishing of water supply and installation of sewer connections concerning the property now owned by the parties of the second part in the Northwest Quarter of Section 18, Township 2 South, Range 6 East, M. P.M., Gallatin County, Montana. IN WITNEffi WHEREOF, the party of the first part has caused its name to be subscribed and its seal to be affixed hereto by its proper officers thereunto duly authorized and the parties of the second part have hereunto set their hands the day and year first above written. THE CITY OF BOZEMAN fi'1"rE)T' ,,? c7"~4~ ~.~....~~ 0':;"~'. . -~---~ L. G. SHADOAN By ARNOLD M. SWANSON. Mayor Clerk of the City Com:m1snon Party of the first part .. . "'" . - , ' , "I . . . 1 " 2~] :'''':'iI, ?, "T " " 'Ii;~ -4- ~\. -vJ 7J1, '!:a?'j dj:v . /6- Parties of the STATE OF MONTANA ) ) ss County of Gallatin ) On this 21st da y of November , 1957, before me, the under- signed, a Notary Public for the State of Montana, personally appeared Arnold M. Swanson and L. G. Shadoan, known to me to be the Mayor and Clerk of the City Commis sion, respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. ~~ ~ ....," " ., ,_. ~ ~ ..' . -" ~ ~......'. 11/_' _r .... ..11,.:',,:',;....,_ .-...... '"" (.'{ // {,... ~~~, r,;-: at "" ,~-"'~ ~ ': ~ :,1' [J L.. \ :.~ ~r~~ .'. -~ ~... i' 4 . " ..' 'I' "" _.. , n,~, r.~" , ., c\ " STATE OF MONTANA ) ) ss County of Gallatin ) On this .M.. day of ?;~, 1957, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Don M. Langohr and Florence M. Langohr, husband and wife, and Don M. Langohr, Jr. , and Patricia D. Langohr, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they had executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my . . . III" \ \ ,,' '.' " " . .. .. tj~ "1 .,!,,~. "~. r '. - 5- Notarial Seal on the day and year in this Certificate first above written. 1'~. r '. r") "r\ .- [ explr e s /' : ~..a< I'r, ~~ /9s-ri V , APFROVED: c::5;) Q.J ~. - DAN R. LOVELACE City Attorney lS~)04 "--"""(1 r~~~<';"T~ T, ':.~X~~- D' 1. ; -'.", ,.,.<}.._..:-."-,,.,,~-~.~ -::~""';I~;~ED . ~ ,ii., ).J~!...,.. J. 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