HomeMy WebLinkAbout78- Thompson, Daines, Thorp Agreement for Change of Easement
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ftlM 43 p~t( 513
AGREEMENT FOR CHANGE OF EASEMENT
KNOI.v ALL l1EN BY THESE PRESENTS:
That HERBERT I. THOMPSON and :MARIAN B. THO}PSON, husband and
wife, and CLAIR DAINES, INC., a Montana corporation with principal place
of business at Bozeman, . lbntana, and JOI-IN K. THORP and RENEE C. 'I1iORP,
husband and wife of Bozeman, Montana, do hereby agree mutually for a
change of easenent and state and agree as follows:
1. That Herbert I. TholTq?son and Marian B. Thompson, husband
and wife, and Clair Daines, Inc., a J.r!on tana corporation, were the original
persons and corporation that organized and created the Arrangement of
Block Q of Thompson Addition No. 4 to the City of Bozeman, r,1ont an a , on
record in the office of Clerk and Recorder of Gallatin County, Montana,
and did by several conveyances, convey unto John K. Thorp and Renee C.
Thorp, husband and wife, the following described real property located
in said Arrangement:
Lot 3 of the Arrangement of Block Nine of Thompson
Addition No. Four to the City of Bozeman, Montana,
according to the official plat thereof on file and
of record in the Office of the Clerk and Recorder
of Gallatin County, Montana,
and
2. In the initial dedication of said Block 9 of Thompson
Addition No. 4 to the City of Bozeman, Montana, there was created an
easerren t 20 feet in width along the West boundary of said lot, ~'-lhi ch
easement was for purposes of utilities, including but not linuted to
water, sewer, e lectrici ty, natural gas, television and telephone, and
at the present tine no utilities have been placed in said easement.
3. It is the intention and the agreement of the parties to
this agreement to vacate and abandon the easement on the West 20 .feet of
said Lot 3 and change the location and easement to the East side and
boundary line of s aid Lot 3 and, therefore, it is agreed between the
parties hereto further as follows:
A. The said easement heretofore created on the West line of
Lot 3 in Block 9 of Thompson Addition No. 4 is vacated and abandoned and
of no further force and effect and all right, title and interest in and
to said real estate upon which said easement existed is now vested in
John K. Thorp and Renee C. Thorp free and clear of any encumbrances
created by the dedication of said easement.
B. It is further agreed between the parties hereto and the
parties do grant and in particular John K. Thorp and Renee C. Thorp do
grant and create an easement 20 feet in width along the East boundary
line of said Lot 3 of the Arrangement of Block 9 of Thompson Addition
No.4 to the City of Bozeman, Montana, and that said easement is created
for the purpose of the installation, repair and maintenance of public
utility systems including but not limited to sewer, water, gas, electric
lines, telephone lines, television lines and any other utilities that may
be desired to be installed in said easement for the use of said Lot 3 and
other lots located in said Block 9 of the Arrangement of Block 9 of
Thompson Addition No.4 to the City of Bozeman, Montana.
This grant of easement and creation of easemen t is binding
upon the heirs and assigns of Herbert I. Thompson, Marian B. 'I'hompson,
John K. Thorp and Renee C. Thorp and upon the assigns of Clair Daines,
Inc., a Montana corporation.
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HLM 43 PACE 514
. IN WITNES~ WHEREOF, the. indi viduals hav~~~~d thei r hands
to be aff1xed to th1S docurrent th1S 07!1 day of -Ma~', 1978, and
Clair Daines, Inc., a Montana corporation, has caused its hand and
seal to be affixed by its officer duly authorized to execute this
document this {:; TJ-l day of -~. al.ch, 1978.
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'. !terbert I. Thompson ;/
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Hari an B. Thomp
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CLAIR DAINES, INC., a Montana
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By,..\ '." ~ '\. \. ~ y'~"i> .. . ~ -
Pr ent '-...J ~
Attest:
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Secretary
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STATE OF MONTANA
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Coun ty of Gallatin )
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On this ~ day of ~1arcR, 1978, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared Herbert I.
Thompson, Marian B. Thompson, John K. Thorp and Renee C. Thorp, as indi-
viduals, and Clair Daines, President of Clair Daines, Inc., a Montana
corporation, all known to me to be the persons whose names are subscribed
to the foregoing document and acknowledged to me that they executed the
same and Clair Daines acknowledged to Ire that he executed the same on
behalf of Clair Daines, Inc., a Montana corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial seal the day and year first above written. ,"".
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k,..;~-.z~-i-yf-YYY ~. ;;" C7Ja.:!:;E'~;.-_
Notary Publ~c for ::the Statliflor: Mont.
Residing at Bozem~ I ~M<2n tana,,;: ~ j/)/l
commission expir S',K:z!lt~ i ,OJu'
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MPROVED 1>' " "'" '
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APPROVED:
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Director 0 Pub11c Serv
Ci ty of Boz eman, Mon t
Mon tan a
INDEXED
PLATTED
48392
state of Mont.. County of Gallatin. 88 Flied for record Mav 1. , '19 78
at 8:2~ A!ft'}.'Sd recorded in Book . 4~of ~SrELLA~~ RSI.2lJ
Carl J... ,'"ItJ Recorder. B~ 1-~ Deputy
M E M 0 RAN DUM
April 12, 1978
To: Sam Gesko, City Manager
From: Arthur Van't Hul, City Engineer
SUBJECT: AGREEMENT FOR CHANGE OF EASEMENT
HERBERT I. THOMPSON and CLAIR DAINES
The requested change of easement on Lot 3, Block 9, Thompson Addition
No. 4 to the City of Bozeman, Montana, from the West side to the East
side of the lot has been approved by the City Engineer's Office and
should present no particular problem.
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4/12/78