HomeMy WebLinkAbout76- VanDyx Easement
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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.
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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.
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STATE OF MONTANA )
,<:,j"s<'{ J J-(c'l.-
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2<, /J1/ Al21R-e-'
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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.
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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
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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
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'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