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HomeMy WebLinkAbout76- VanDyx Easement I . ... "'1:',__" FILM 32 f'ACE 1,842 EASEMENT AND RIGHT OF WAY AGREEMENT FOR STORM DRAINAGE THIS AGREEMENT. Made and entered into this 21 s t day of April A. D. 197~. by and between WILLARD J. & SYLVIA A. VAN DYK, 2708 Langohr Ave. part~ of the first part. hereinafter called the Grantors and THE CITY OF BOZEMAN. a municipal corporation of the State of MO;tana. in Gallatin County, the party of the second part, hereinafter called the Grantee. WIT N E SSE T H : WHEREAS. The GrantorS are the legal record title owner~ of property in the Figgins Addition to Bozeman more particularly described below. and WHEREAS. The Grantee, in the exercise of its power and authority as a municipality of the State of Monmna. proposes to construct and install storm drainage and necessary appurtenances to serve various properties located within the southerly portion of the City of Bozeman and Qne or more such lines would run across the Grantors land; and WHEREAS. The Grantee desires to acquire from the Grantor~. and the Grantor~ are willing to grant to the Grantee an easement and right of way across the above described property of the Grantor~. and their heirs. executors. administrators. successors and assigns, for the purpose of installing, operating, using, repairing. replacing, maintaining. and removing said storm drainage and appurtenances and for such other rights of access and incidental rights as are hereinafter described. all as hereinafter more particul- arly provided. NOW, THEREFORE. in consideration of the sum of $ and other considerations in hand paid by the City of Bozeman, the receipt where- of is hereby acknowledged. and in further consideration of the coven- ants and agreements between the parties hereto, the Grantor have granted, bargained, sold, conveyed, and confirmed and by these presents do hereby grant, bargain, sell, convey. and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: and right of way for the purpose of repairing, replacing, maintaining and thereto upon and across the Grantors ,said easement and right land described as: ~ 1. A perpetual easement installing, operating, using, removing a storm drain above described property of the of way to consist of a strip of <<X~ Beginning at the point common to Lot 10 and 11 of Block 2 and the East right of way of Langohr Avenue in the Figgins Addition to the City of Bozeman. thence South 000 07' West a distance of 15 feet, along the said right of way of Langohr Avenue; thence North 890 18' East. parallel to the North line of Lot 11 a distance of 20 feet; thence North 000 07' West a distance of 15 feet. to a point on the line common to said Lots 10 and 11; thence South 890 18' West along said common line a distance of 20 feet to the point of beginning. -1- . . . , :. '~"!' ( . FilM 32 PAGE1.843 IN WITNESS WHEREOF. The said parties of the first part have hereunto set their hands and seals the day and year first above written. "k/~eecU1I ~n7/ ~ " ,// , ..,,,/. e, "" STATE OF MONTANA ) ,<:,j"s<'{ J J-(c'l.- i,/ \j 2<, /J1/ Al21R-e-' (/ ss County of Gallatin) On thiS. day of IJplJ," I 197.t... before me. a notary public in and for said State. personally appeared l..J://AA J .J. rf- $it!u/" A. V,..", /)'1KI.'; known ta me to be the person 3 whose names 412"- subscribed to the wi thin instrument, and acknowledged to me that fhF,Y executed the same. , " Notar ub ic for the State of Monmna Residing at Bozeman, Montana My Commission Expires fiOTARY PUBLIC for the Statr. of Mootana Residing at Bozeman, Monlan~ JdY Commission expires December 1.1. 1977 -4- .. .; .. .: " .... .. , . " ~.~'....:, ATTJST: APJ?ROVEp: . />PL<~ f /,P:;:J!4 City Attorney v/ STATE OF MONTANA ) ss County of Gallatin) On this 28th day of /' FilM 32 PAGE 1.844 THE CITY OF BOZEMAN ". / /" J "y' . ----:/. /1- / 'BYy:tV""""i - /' ?C:/, ~._e7c",'", L. ./ Mayor undersigned a Notary Public for the State of Monmna, personnally, April , 197JL, before me, the appeared James W. Vollmer and Erna V. Hard ing known to me to be the Mayor and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within for and on behalf of said City. instrument and acknowledged to me that they executed the same 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. State of Montana County of Gallatin } 55. Filed May 3 , 19 76 at 3 : 30 P. M d ., an Recorded in book 32 of MISQELLANEOUS Page~2 CARL . STUCKY____ County Clerk & -'- By it eputy Fee $ Rt: City of Bozeman Stat f Montana Residing at Bozeman, Montana My Commission Expires t.l.GT.I:V~Y PUBl.iC for the: ~~~t.::l~~I,? of Iv1orrtanc:j f'~C:'.,ir~;in~~; :~:. ~:,:D,~:;\:':'i':t.'\i--:r I\l!.)n"Li;,. My Co;nmiss;c;ll EAi-l:f2S Ja..i,E:ry 15, 1978