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HomeMy WebLinkAbout58- Doornbos Agreement . . -, ... .- .. . . , ~ AGREEMENT THIS AGREEMENT, Made and entered into this ~___day of May, 1958, by and between STEVE A. DOORNBOS and ANNE M. DOORNBOS, husband and wife, of Bozeman, MOntana, parties of the first part, and GALLATIN COUNTY, a poliltlcal subdivision of the state of Montana, ,~~~_^a~g C~!!, 9F BOZ~, a municipal corporation of th~ state of Montana, the parties of the second part, WIT N E SSE T H : That the parties of the first part are the owners of the following described real estate situate in the County of Gallatin, State of Montana, to-wit: All that portion of the North Half of the Northeast Quarter IHtNE~) of Section Sixteen (16), Township Two (2) South, Range Six (6) East, lying South of the right-of-way of the Northern Pacific Railway, and more particularly described as follows: Beginning at a point on tbe South line of the North Half of the Northeast Quarter of section 16, said point being 350 feet West of the Southeast corner of said NtNE~, Section 16; thence Westerly along the south line of ~~i-d Nt NE4' ,I ,Ustafloe of 2197.85 feet, more 01' lesslI to the Southwest corner of tbe NT NE~, SectioD 16; thence Northerly along tbe West line of the NEt a distance of 759.55 feet more or less to a point 519.0 feet south of the North Quarter corner of said section 16, T. 2 s. R. 6 E.; thence in a Southeasterly direction and parallel to the southerly right- of-way of the Northern Pacific Railroad a distance of 940.5 feet; thence northerly and parallel to the West line of the Nt NE~ Section 16, a distance of 339.3 feet; thence Easterly 145 feet; thence Northerly 290.0 feet to a pOint on the Southerly right-of-way of U.cl. Highway #10; tllence south- -, easterly along said right-ot-way 477.62 feet; thence south- westerly and at 90- along said right-of-way 70 feet; thence Southeasterly along said right-of-way 276.5 feet; thence soutberly 545.2 feet; tbence Easterly 455.0 teet; tbence Southerly 300.0 feet to the point of beginning, excepting a strip of land 30 feet in width along the southerly boundary of this tract for road purpo~eb, coutaining approximately 30 acres, more or less. -' '~ That the part!es of the first part desire to pl~lt lO.i; - -- ~';":':''':'':'',jJ.:., acres, nlore or less, of the land hereinbefore describeJ owned 'f'::1' first parties, to be known as Virginia Sub-Division No. I to Gallatin County, said proposed platted area containing 10.8 acres as aforesaid; That the parties of the second part bave required as a condition to accepting said plat of said Virginia Sub-Division NO.1, -1- ... . .. ~ .. i . that the parties of the first part agree in connection with platt:Lng the remaining portion of said lands owned by itrst parties, that first parties dedicate one-ninth (1/9) of the total area of said landsowlled by first parties &x\::lbsive of streets and alleys when pla tted, to be set aside for park purposes. That in consideration of tbis agreement, second parties are willing to waive tbe requirement that one-ninth (1/9) of the ~ .,.",~,: "l.:'~'.' '._~_"'-~~_J.. area contained in the plat to be known as \iil'g~llia ~",lJ-ll:t..~;'..:".L.J..:: He. 1 be set aside for park area at this time. NOW, 'l'HEREFORE, in consideration of the parties of the second part permitting the parties of the first part to file said plat of Virginia sub-Division No.1 without setting aside a portioll of said lands included in said plat for park purposes, the parties of tbe first part hereby covenant and agree that if and when the remaining lands herein described, owned by first parties, are platted that there shall be included in the plat of such area, in LOts One (1), Two (2), Thirteen (13) and Fourteen (14) of proposed plat of Virginia Sub-Division MO. 3. for park purposes as the 1aw6 of Montana may require, not exceeding bowever, one-ninth (1/9) of the total area of the lands herein described now owned by first parties, including the land platted in Virginia Sub-Division No.1, exclusive of streets and alleys when platted. This agreement shall constitute a lien upon the lands herein described, owned by first parties, whiCh lien is subservient bowever to a first lien existing by virtue of a real estate mortgage upon said lands recorded 1n Book 72 of Mortgages at page 258 in tbe office of tlw Cl'2ri;: df.ld Recorder of Gallatin county, Montana, in which the First - --- ~-......~""'"--- --- Parties are named as t~rtgaiOrG and Harry A. Harding and Marion O. Harding are named as MOrtgagees, for park purposes as hereinbefore provided, exclusive of the lands 1n said Virginia Subdivision No. 1 until such time as the parties of the First Part dedicate. sucb areas for park purposes as hereinbefore provided, and shall bind the successors and assigns of tbe partiss of tbe first part. -2- -,' ... ..... - , '. * ""'.1 '. . "I .. I \ '. IN WITNESS WHEREOF, the parties of the first part have signed their names and executed these presents, and the parties of the second part have caused these presents to be executed by the duly authorized officers of the parties hereto, the day and year first above written. ~ a. ~ v lI-"~J.", - _HHH V\4t.v#- n~ ~~1~M-~ Par es 0 the Frat r. GALLATIN COUNTY, a political subdivision of the s....ta te of Montana '/J ~ / \ '1,. I ' _,_ By , i Utest: ~~ 7.. /' 'Cgj,~~<l C1 Y OllUnlss1oners \ [~/z:~~ Clel'k and Racor er, a.Llat1n 0 nty, Montana. CITY OF BOZEMAN, a municipal corporation of the state of Montana. ~ ~'i! . - . .,' 'I."'" ~ By. ...... .. ..JLt ..' ..',' ...-,'----'"',---, Attest: ~ ~.. '__H ~__H_ ? ~/ '- "" '/ ~/" ./~. ' -~ . ~-:::?-~/;Z:..-c-~-c- pe ..."J my ,"-:erk.,. Bozeman, ~ntana. STATE OF MONTANA) : ss . County of Galla tin) On tb is 7 It. day of May, 1958, before me, ;;r; s~f 4 (3. C;/J~ a Notary Public for the state of )IO~tana, personally appeared STEVE A. DOORNBOS and ANNE M. DOORNBOS, husband and wife, known to me to bE' the persons whose names are subscribed to the within Mr,reemcnt, and acknowledged to me that they executed the same. ... " ..... J.N ',HTliEeS v:!lEaE'OF-, ! h~ve hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written.