HomeMy WebLinkAbout1909-04-15-AGREEMENT 2952 /115c-- 73K �G, 3S
GALLATIN COUNTY, MONTANA. t
AGR.7-ZENT 2952.
TuIS AGREFMrNT,,mAdt, and entered into this f9fte':nth day of April, 7
1909,by and between Peter O.Brenden andFannie R.Brenden,his wiFe,oF Bozeman,Gallatin Oounty, I
Montana,the parties of the first pert,and the City of Bozemsn,Q. Municipal corporation of thel
State of Montana,the party of the second part,WITNF,SSETH:
WIyvreas a difference has her existed between the parties hey
reto as to the rights of therrespective parties to a pof;tion of the waters of Lyman Creek, ii
heing the creek ne,_r said City and in said Gallatin County from wb.ich se.id second party obtrl
wins its -water supply for Its inhabitants,and >both parties being desirous of definitely
and permanently settling all such differences,and me.1Fini; an excba.nV_,e of certain lands for the
mutual benefit of the partio_ hereto,e.nd the botti.r protection of the water supply of said
City.
NOW THEREFORE said First parties For and in consideration of the sung
of $433.3n,1F:v.fu1 money of the Unites States. to them in hand paid by second party,the receipj
whereof is hereby";e.rknoviledged,an3 the conveyance to tt P•a `iy second party of certain por-- i
tions of the Southeast quarter of the northwest quarter,and the northwest quarter of the
Southwest quarter of Section Twenty-eight (29) Township one (1) south range six east,
M.P.M. ,in said Gallatin County,egreF to convey to said second party ,and do by deed of even
date herewith,[;rant bargain,sell and convey unto said second party certain portions of Lots
two and three in Section Twenty eight,Township One,south range six east,in said Gallatin
County,and particularly descrihoA in sai.i deed,containing 34.65 acres; And first parties aFt
ree with second party,and its successors and assifms,in consideration of the premises ,for
the4nselves,the'_r heirs,executors,administrators and assigns,to recognize and be bound by the I4
water rights of said second party to the -.vaters of said Lyman Creek,as fixed in a certain iI ;
decree dated April 21,135i6,and entered in the district Court of the Ninth Judicial
Distriet•,of the Ste:te of Montans,in and for the county of Gallatin,in a suit entitled II
Rachel [.Creek v.Bozeman Water Works Company,which said Bozeman Water Works Company is the
grantor and predecessor in interest of said second party,as fully and dompletely as if
said first parties,and their grantors and predecessor in interest had been parties to said
suit;said first parties hereby recognize the right of second party to 233-3/20 inches,
statutory measurement of the waters of said Lyman Creek as the first right to the waters ! a
of said creek,and that second party has the rignt to convey all of said 23&--3/20 inches of
water thru its pipes,conduits and reservoirs from' said creek to the City of Bozeman,--aid
238-3/20 inches of water to be measured at a point in said Lyman Creek about 150 feet
up the stream from the present dam maintained by second party across said Lyman Creek at
the point where said second party diverts the waters of Lyman Creek thru pipes from said
creek to ite reservoir;and first parties agree with second party and its successors and
assigns,for themselves that they will,and their heirs,executors,administrat6rs end assigns
she.11,at all times hereafter permit said 233-3/20 inches of water to flow down said Lyman j
Creek unmolested to said point designated as the place of measurement,when there shall be as, 1
much as 233-3/20 inches of water flowing in said creek,and the,t when there is a leas
quantity of water in said creek,than 233-3120 inches at said point designated as the place i
of measurement,that all the water of said Lyman Creek shall flow down the same for said
second party's use as aforesa.id,unmolested by said first parties,their heirs,executors,
administrators or assigns;with the exception that in case the said second party is not using
and has no use for all of said 239-3/�20 inches of water during a time,and said first parties
may be desirous of using water fromp`l.yman Creek for the purpose of irrigation,said first i
parties may use the surplus of said 235-3/20 inch<^.s not used or needed by said City,for the
purpose of irrigating one time each year for a peroid not exceeding fourteen days in any
one year. In consideration of the premises,second party agrees to pay first parties the
sum of $433.30,lawful money upon the execution of this agreement and deed from first I
parties hereinbefore mentioned,and second party further agrees to convey and does by deed
of even date herewith convey to first parties certain portions of the Southeast quarter of
the. Northwest quarter,and the Northeast quarter of the Southwest quarter of Section.Twenty-
eight,Township,One South Range Six east,M.P.M. in said Gallatin County,containing 41.32
scres,and particularly described in said dee�l,subject to the right reserved to second party
to maintain and repair.theffnes and reconstruct,if necessary ,or construct additional pipe
lines across said lands conveyed by second party,pursu&nt to said agreement;also subject
�'to the right reserve_t to second party to pass thru and over said last mentioned land
ith team or ether conveyance for the purpose of going to and from said daT maintained by
said second party across said Lyman Cr ek,for the healing of material and other necessary tw
travel,seid use to be confinod to thd� ity's use only,and the agents and servants of sec-
ond party in exercising such use shall at all times keep properly closed all gates and
passageways and confine their travel to the travelled road,if any is maintained. IN WITNESS
HEREOF THE said parties of the first pact have hereunto signed their names and said second
darty has caused its name and seal to be affixed hereunto by its Mayor and..Qity Clerk
uly authorized the day end year in this agreement first abobe Written.
Peter O.Brenden (SEAL)
Fannie R.Brenden (SEAL)
CITY OF B0,[MAN, J j
By Charles P.Manry,Mayor.
Attest;H.H.Holloway,City Clerk. �,
Record of Deeds, Vd 43,
l J DEED. 7191.J
-'F
THIS INDENTURE, Made this llth day of Mey A.D.1906,between the City
of Bozeman, a Municipal Corporation of the State of Montana, party of the first part, and
Rudolf uogP_l, of the County of Gallatin, State of Montana, party of the second part, WITNEFF
FTH, That Whereas the City Council of the said City of Bozeman, did, after due and regular
proceedings, on the 18th day of January A.D.1906,pass Council Resolution No.317� entitled
"A Council Resolution providing.for the sale of a part,- of the Water Works Farm belonging
to the City of Bozeman", which Council Resolution was duly approved by the Mayor of the maid
a City on the 18th day of January A.D.1906; and Whereas, pursuant to said Council Resolution
No. 317�,notice was published in the Bozeman Chronicle and Republican Courier, two weekly
�I newspapers, printed and published in the said City of Bozeman, County of gallatin, State of
1 Montana,for three successive weeks in -each of said newspaperb, soliciting sealed bids for
the purchase of that part of the Water Works Farm, described in said Resolution with the ex-
captions and reservations therein contained and upon the terms therein set forth;
And wh--ereas the sealed bids submitted were duly presented to the
said City Council of said City on the 15th day February A.D.1906 and by the said City Council
t referred to its Water Committee for consideration and report; And Whereas the said water Corn-
mittee did, at a regular session of the said City Council on the 19th day of April A.D.1906
report and recommend to said City Council that the bid of Rudolf lfogel at the rate of 114.00
per acre for that part of the said Water Works Farm described in said Resolution, with the
exceptions and reservations therein contained and upon the terms therein set forth, be accebt.
ad, he being the highest and best bidder and said sum being the highest and best sum bid,and
that the Mayor and City clerk t-f said City be instructed and authorized to execute a proper
I deed of conveyance to the said Rudolf Vogel,for that part of the said Water .Works Farm.-Ae-
scribed in said Council Resolution No. 317� with the exceptions and reservations therein con-
tained and upon the terms therein set forth, which report and recommendation of the said Wat-
er Committee was unanimously approved and adopted by the said City Council at its said regu-
1'ar session held on the said l9th day of April,A.D.19062 which -Council Resolution No.317-�
and the proceedings of the said -City Council relating to the sale of said part of said Water
Works Farm, now on file and of record in the office of the City Clerk of the said City of
Bozeman,are here referred to and made a part of this Indenture;
NOW THFR�TORF, The said party of the first part,pursuant to the said
order of the said City Counr.il made on the said 19th day of April, A.D.1906, in and for the
consideration of the sum of Five Thousand, one hundred and fifty four and .66/100 Dollars
l (19,154.66) in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained
and sold, and by these presents does grant, bargain and sell, conirey and confirm unto the
said party of the second part, and to his heirs and assigns, forever, the following described
real estate, situate in the County of Rallatin, State of Mimtana, to-wit;
The north half (q) the northeast quarter of the southwest quarter
(NFL of S4) and the northwest quarter of the southeast quarter (NW4- of SF'�) of Section
Thirty two (32) township One (1) south, range six (6)' East, ri.P.M., say=ing and excepting from
the foregoing described lands two tracts or parcels particularly described as follows, to-
wit; . Beginning 'at the northeast corner of said Section thirty-two (32)said
township and ranee, thence south along the east line of said section, four hundred feet (400)
hence west ,parallel with the north line of said section, eight hundred (900) feet; thence
north parallel with the 'east line of said Section four hundred (400) feet to the north line
P said sectian; thence east eight hundred (900) feet to the place of beginning; said tract
ontaining 7 and 57/100 acres; Beginning at the southwest corner of the southwest quarter
Pf the northwest quarter (Si'� of NW,11-) of said Section thirty two (32), said township and rarre
hence north .Aong the west line of said Section eight hundred (900) feet; thence east thir-
een hundred and twenty (1320) feet, more or less to the east line of southwest quarter of
he northwest quarter (S4 of NWT) thence south eight hundred (900) feet to' the southeast cor-
er thereof; thence west thirteen hundred and twenty (1320) feet, more or less, to the place
f beginning, said tract containing 24 and 24/100 acres, more or less, the lands hereby con-
eyed containing three hundred and sixty eight and 19/100 (368 A. 19/100) acres, more or less
f ccording to the United States Government Survey.
Excepting out of this conveyance and always reserving unto the said
arty of the first part, the City of. Bozeman, full and free right and privilege at all times
ereafter.to repair', or relay, the pipe line, which is now on the foregoing described lands,
r which may hereafter be constructed thereon, and which is, or may be hereafter, used in
onnection with the 'operation and maintenance of the Bozeman Cit� Water works, owned and oper-
tad by the said party of the first part; or to lay down,construct and maintain new and addi-
` tonal pipe lines over and across the foregoing described lands, and to construct and maintain
a ro&dway over and across the foregoing described lands and along said pipe line now in oper-
ation, or which may be hereafter constructed, by whatever route may be most convenient in
reaching said pipe line, the reservoir or Lyman Creek; and further, all water rights and
water ditches in any way belonging or appertaining to the foregoing described lands, hereby
conveyed, are hereby exc-apted from this conveyance and expressly reserved unto the said par-
ty of the first part, the City of Bozeman.
TOGETHER with all the tenements, hereditaments and appurtenances to
the same belonging, and all the estate, 'title, interest, claim and demand of the said party
of the first part therein, subject however to the exceptions and reservations hereinbefore
set forth.
TO HAVE AND TO HOLD the foregoing described lands,with the appurtenan-
ces and privileges, subject however
r to the exceptions
nto the said party of the second part, and to his heirs dand sassigns nforever.
nbeAnd ethe tsaid
th
arty of the first part, for its self and its successors, does covenant with the said party
f the second part, and with his heirs, administrators and assigns, that it is lawfully seiz-
�d of said premises, and the said premises are free from all incumbrances; and that is has,
s above set forth, good right and lawful authority to sell the same; and that it will and
its successors shall warrant .and defend the title of said premises unto the said party of
;the second part, and his heirs and assigns forever, against the lawful claim and demand of
el� ?05
Gallatin County, Montana _
I,
IN WITNESS WHEREOF the said party of the first part,the City of
i!
,Bozeman, a Municipal Corporation of the State of Montana, has caused its corporate seal to be
jjhereto affixed and these presents to be signed, executed, acknowledged and delivered,in its 1i
!name and behalf, by Nelson Stor•y,JR., •its Mlayoh and Justin M.Smith, its City Clerk, this llth '
111day. of May A.D.19 06.
'(CORPORATE SEAL) THE CITY OF BOZEkAN,
By Nelson Story,Jr. °t I
i! Attest; Justin M.Smith, City Clerk.
it
jStats of Montana, )
�i )ss.
County of Gallatin. )
On this llth day of May A.D.1906, before me, George Cox; a Notary
(' Public in and for said County and State, personally appeared Nelson,
�Story,Jr., and Justin M,Smith, Mayor and City Clerk, respectively of the City of Bozeman, a
;;Municipal Corporation of the .State of Montana, personally known to me to be such officers,
1who acknowledged to me that the, , as such officers for and on behalf of the said City of Boze-
ilman, executed the within and foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set irLy hand and affixed my Ado— I!
tarial Seal this llth day of May A•D.1906.
%(SEAL) George Cox, Notary Public in and for the County of gallatin, State I
i;
of Montana.It
+,
Filed for record November 15th A.D.1910, at 2.30 o'clock P.M.
By E.H.Schiunaeher. W.E.Brandenburg.
j Deputy. Recorder.
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