HomeMy WebLinkAboutWarranty Deed 65- Dean Agreement, 1965
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A G R E E MEN T
THIS AGREEMENT, Made and entered into this 21st day of April, A. D.
1965, by and between OSCAR N. DEAN of Bozeman, Montana, party of the first
part, hereinafter called the First Party, and the CITY OF BOZEMAN, a
municipal corporation in Gallatin County, Montana, the party of the second
part, hereinafter called Second Party:
WIT N E SSE T H:
HHEREAS: The First Party is the owner of Lots One (1), Two (2), Three
(3), Twenty-two (22), Twenty-three (23) and Twenty-four (24) all in Block One-
Hundred-Nineteen (119) of the Northern Pacific Addition to the City of
Bozeman; and
vlHEREAS : The First Party did petition the City Commission of the City
of Bozeman, at its meeting on 10 March 1965, to close the dedicated (east-west)
alley in said Block One Hundred-Nineteen (119) to public use; and
HHEREAS : The Second Party at the City Commission meeting held on 17
Hardl 1965 declined to vacate said alley but was agreeable to considering
granting unto the First Party the right to occupy and use all of the dedicated
alley area adjacent to the lots cited above, provided the First Party enter
into this agreement;
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained to be kept and performed by the parties hereto, it is
mutually agreed as follows:
1. That the Second Party will, pursuant to the provisions of
Section 11-3312, R. C. M. 1947, grant unto the First Party
the right to occupy and use all of that portion of the
dedicated alley area in Block One Hundred-Nineteen (119),
Northern Pacific Addition to Bozeman, Montana adjacent to
the above cited lots exclusive of any such area now lying
within the mean high water channel of Bozeman Creek.
2. That the First Party, his heirs, administrators, successors
and assigns, shall for themselves and for their heirs keep
and maintain said dedicated alley area in an orderly and
sightly condition and indemnify and save harmless the Second
Party in any litigation arising during the period of this
granted use.
3. That the right of occupancy herein granted is subject to
revocation upon Sixty (60) days written notice to the First
Party or his heirs, executors, administrators or assigns,
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dUOh 22 PAGE 75
and upon receipt of such notice the First Party shall
without delay and at his sole expense remove any encroach-
ments or improvements of whatever nature that may have
been erected or constructed under the terms of this
granted use of the subject alley area.
IN 1HTNESS t.ffiEREOF the First Party has hereunto set his hand and seal
and the Second Party has hereunto set its hand by its Mayor and Clerk of the
City Connnission, each thereunto dul)' authorized, and has caused its corporate
seal to be affixed, all as of the day and year first hereinbefore written.
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OSCAR N. DE .
A[':J~f!n".~1 rs TO fO~M
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", . ".'._,~"'.. CITY MONTANA
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By
STATE OF MONTANA )
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COUNTY OF GALLATIN )
On this :J.O day of /)P"'I/ , 19~ before me, the undersigned a
Notary Public for the State of Hontana, personally appeared
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known to me to be the person_ described in and who signed the foregoing
instrument as Grantor__ and acknowledged to me that he had executed the
same freely and voluntarily, for the uses and purposes therein expressed.
IN WITNESS t.JHEREOF, I have hereunto set my hand and affixed my
Notarial Seal on the day and year in this Certificate first above written.
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STATE OF MONTANA )
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COUNTY OF GALLATIN )
On this #/ day of all'11 , 1965-before me, the undersigned a
Notary Public for the State of fontana, personally appeared
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and J , known to me
to be the Mayor and Clerk of the City Commission respectively, of the City
of Bbzeman, whose names are subscribed to the within instrument and acknowledged
to me that they executed the same for and on behalf of said City.
IN WITNESS ~rrIEREOF, I have hereunto set my hand and affixed my Notarial
Seal on the day and year in this Certificate first above written.
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- t " Notary Pub lic for the S ate of Hontana
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INDEXED
~ ~;,:> PLATTED
d April 26 1965
State of Mont., County of Gallatin. 85. Filed for recor' 4-
at 2:24 P. M..andr.cordadlnBOO:~.:f.~" 7
CARL L. STUCKY Recorder. B ~. Deputy
,
Rt: City of Bozeman
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