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RD-RP 1958 0507 .... .... - - A G R E E MEN T d THIS AGREEMENT, Made and entered into this ~~ day of April, 1958, by and between Jefferson County, a political subdivision of the State of Montana, by and through its duly elected and qualified Board of County Commissioners, the Party of the First Part, and Lee and Ward, a Montana Corporation, Party of the Second Part, Witnesseth; that WHEREAS the Party of the First Part controls and maintains that certain public road beginning at U. S. Highway No. 91 near the Town of Jefferson C~ty and continuing hence up Prickley Pear Creek canyon to and past Golconda Creek where it enters said Prickley Pear Creek; and WHEREAS, the Party of the Second Part desires to operate a dredge up and through said section of Prickley Pear Creek and canyon or gulch; and WHEREAS it would be necessary to cross through said road a num- ber of times with said dredge; NOW, THEREFORE, for good and valuable consideration, the said Party of the First Part, hereby grants to the said Party of the Second Part, the right and privilege to cross said road and bridges where it becomes necessary in said dredging operation anywhere between said Highway No. 91 and Golconda Creek. The Party of the Second Part in consideration of the right and privilege above granted hereby promises, covenants and agrees to re- pair, replace and renew said road and bridges and any part thereof, which is, or might be, disturbed by said dredging operation in as good a condition as they are now in and in a manner and way satis- factory to said Board of County Commissioners. The said Party of the Second Part further hereby promises, cove- nants and agrees to hold the said Party of the First Part harmless from any damages or liability which might arise or be created because of its use of the above stated right and privilege or operation of said dredge. It is further covenanted and agreed that this agreement or the right and privilege granted herein may not be assigned by the said Party of the Second Part without the written consent of the Party of the First Part first had and obtained. IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year in this agreement first above written. ATTEST: Jefferson County, Montana ~j;,~ ~ County Clerk By ---4 ~. ~---~ Chairman' of the Boa of County Commissioners ATTEST Lee and Ward, a Corporation ~~ r: ~~ Secretary By G~V? & Title ~b__; ~d ~ .':1- STATE OF MONTANA ) . . County of Jefferson ) SSe On this / ftf. day Of~, 1958, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Ed McCauley, known to me to be the Chairman of the Board of County Commissioners of Jefferson County, Montana, party of the first part to the above and foregoing instrument, and acknowledged to me that the said Jefferson County, Montana and the said Board of County Commissioners thereof 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. /f2~~ Notary Public for the State of Montana. Residing at Bouldef, Montana. My Commission expires July 22, 1959. STATE OF MONTANA ) . . County of Jefferson ) ::;,(.. On this -' ~ day ss. of April, 1958, before me, the undersigned, a Notary Public for the State of Montana, personally appeared ~ ,If L.c:., ~ /~tt i ~ ,known to me to be the~~ I ~c/ b~7- of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ., official seal, the day and year in this certificate first above written. ~<f;,.,",.,:;.~ ~>) ~~ Notary Pu~c for the State of Montana. Residing at Boulder, Montana. My Commission expires Jtily ~2. 195~ 7-/-~$)