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Home My WebLink About51- Montana Flour Mills Company, Water and Sewer Pipeline .; '. .~''! . ): ~- .. ,,; EAf!EMENT AND RIGHT OF WAY AGHEE.'MENT THI~ AGREEMEN'r, made and entered into this lit! day of July, A. D. l')SI, by and between the MONTANA FLOUR ttILLS COMPANY, a r,1ontana corporation having one of its principal places of business at Boze- man, Gallatin COWlty, Montlna~ ..-the'party of' the first part, herein- nfter called the Gra.'1tor, and 'PRE CI'fY OF' BOZEr/:i\JJ, a municipal cor- pOl'8tl.on of 'l'heState of Montana, in Gallatin County, the party of' tho second part, hereinafter called the Grantee. WIT N E SSE T H : WHEREAS, the Grantor is the legal record tit Ie owner of all of Block One (1) of Imes Addition to 1be City of Bozeman, Montana; and WlIERF..AS, the Grantee, in the exercise of its power and author- ity as a municipality of 1he State of Montana, did, in the year 1925, install a ten inch pUblic water main upon and across a por- tion of the said flock One of T;rtes J~luit,ion to rf':"le City of Bozerlnn, Muntana, and has since that date openly, notoriously, and continu- ously, used, operated and maintained said ten inch public water main upon and acras s said property; and WHEREAS, it is necessary that the Gracltee herein named be pro- tected in its ownership, use, and maintehance of the aforesaid ten inch public water main, ani for tha t purpose desires to acquire from the Gran tor, am the Gran tor is willing ta grant to the Gran tee, a pe rpetual easement and right-of-way acros s the above described pro- pel"'tyof the Grantor and its successors in interest, for the purpose of using, operating and maintaining the said ten ineh public wnt.;er mainanct for snch other incidental rights a~are hereinafter des- cribed, all as is hereinafter more particularly provided. j'.JOW rl'EEREFORE, in consideration of the sum of One (:i~l.OO) Dollar and other valuable consideration paid to the Grantor by tl~ :J.rantee, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements on the part of .. '<i -2- .i .~ the Grantee to be paid, kept and performed, the Grantor hereby grants and conveys to the Grantee, its successors and assigns, the following rights and privileges, to-wit: (a) A perpetual easement and right-of-way for the purpose of installing, operating, using, repairing, replacing and maintaining a ten inch public water main upon and across the property of the Grantor, said easement and right-or-way to be ten (10) feet in width lying five (5) feet on Bach side of the center line more particularly described as follows, to wit: Beginning at a point on the East Line of Block One (1) of ImBs Addition to the City of Bozeman, Montana, from which point the Southeast Corner of said Block One (1) bears Southerly along said East Line a distance of 225.4 feet, thence from said point of beginning North 84034' West, a dis- tance of 241 feet, more or less, to a point on the South Line of Oak street. (b) The right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacin'p', and ma1ntalnine; ;'-'" -J )~.I_\ i .'1' ':d --. and for the removing of same if and when desired by the !j;>fl?1tee, 1 ts successo rs and assigns; 2) The Gran tor he.r>eby covenants and aerees wi th the Gran tee that at no time will it build, construct, erect or maintain any structure of any kind or nature whatsoever, permanent or temporary, over or above the right-or-way property hereinabove described; PRO- VIDED HOWEVER, that should the Grantor wish to erect, build, construc\t or maintain any such structure on said property it may remove said wa ter main and change its course ei ther on its own '"1):""p","!"t-;r "r in the Dublic streets or alleys of the City of Bozeman. at Its eX:)'"Li8~ for the labor and ma terials necessary for such removr>1 anc t;h8~["e 1 said removal and change to be according to specifications furnished by the city Engineer of the City of Bozeman; 3) The Grantor hereby further covenants and agrees with the Grantor that it may peaceably hold and enjoy the rights andtJrivileges herein granted without any interruption by the Grantor or its successors and assigns; , .. -3- ,; ,,- 4) It is fUrther understood and agreed by and between the parties hereto that this 3asement and Agreement shall be binding upon the successors and assigns of the parties hereto. IN \VITNESS WHEREOF, the Grantor has hereunto caused its corpor- ate name to be subscribed and its corporate seal to be affixed, by its ~" proper officers, thereunto duly authorized, and. the J..:'anteu, '';''lie City of Bozeman, has hereunto set its hand, by its l;:ayor and its Clerk of the City Commission, each thereunto duly authorized, and has caused its corporate seal to be affixed, all as of the day and year first hereinabove written. MO, ,NrANA, Fi~ :ILLS B .~ Y presid COMPANY A TTEST:?l '\. Ii ;'/ , ,. t', 4 . /J ti"! -. '. ,', .' 'I' I' ,-,/ i/ ~,."~-~....-.,,I-/t.. _....- ~-~. ,.'~":~~. / ,_~ecretary __- T~, CIT~:ffF" ~ ~NP B -:;'..4'< /x' c:t ('I,;~--, Y.k::::.k'~ ~ ~--!_ ,::::+~.: .~--,_.- " Mayor .......' .....-" A 'I"f ES T . , , - ~ -' - - ,.' ~~~d' ~..~ Clerk 0 the City Commission. App roved: r-----""-,,, ^~--\ L, , - ";;.;.:-~-""" ,,~ -" _./.... __ J C~ ty Atttorre y . .. .. ... -4- ~ ' , ti-'- STA TE OF' MON'+ANA County of ';!~'".~~ f ,:", ) : S8 ) , ! .;.- (. -" On this day of July, 1951, before me, the undersigned, a Natl1~~,' PlJ'blic for the state ,~t' Mont/an" personally appeared ," /, "., d .-" :,' ,/ ". ,- .>,"" 1 -t'- , , I - '.. -" -- , an./ ""~,, /:- ':,,':"",.. ,; :;~:i.\'- , {nown 0 me to be the Prjils ident and Secretary', respec ti vely, of the Montana Flour Mills}Company, the corporation whose name is subscribed to the within instrument, and acknowledged to me that s-,,,lch ccr'l,,"">L'c:dic:l executed the s sme.' IN WITNESS NHEREOF, I have hereunto set my hand and affixed my Notarial Sea 1 on the cia:; and year in this Certif ica te fil's jil above written. ,! ~:" ~ .... ,J....'.,'4.../< '';.,l Notary P"ublic for'. the state. of Mon- tana . Residing at,,', -J!: Montana. Illy 6otlmisSIOn Expir'es---- STATE OF MONTANA) : as County of Gallatin) On this II'!! day of July, lC;SI, before me, the ,..j>r';,lo[wd. ,~ Notary PubJ.ic forthe State of I:Cont an a , persona,Liy ,.lp~,eure;J, ~~. 1. L'_ P'.' and L. G. :;3hadoan, known to me to be the ~layor l:U1U, ":';lV.i.'J:\.. vl Gna City Commission, respectively, of the City of Bozeman, wlcose name is sub- scribed to the within instrument, and acknowledged to me that they execu ted the same for ani on behalf of said City. INWITNBSS WHEREOF', I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above wri t ten. C, (.'-\ / N6~~1ir~"pu~~'/-rof:rthe~~.t;;:te of Mon- tana. Residing at Bozeman, Montana. My Commission Expires PI'. /~ 19-~. I