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Home My WebLink About64- Westlake Agreement ,-- , dODK 21 PAGF510 . ,. ) A G R E E M B N T ----..------ THIS AGREEMEtiT, made and entered into this #.../ day of (7f.tt-'{,/~1964~ by and betuveen Myron H. and Aura. D. ',{estlake of Bozenan, Montana, Parties of the First Part~ a.nd City of Bozeman, a municipal corporation of the State of MonLana~ Party of the Second Part; WIT N E SSE T H ; Th,-,'t the Parties of the First Part are the ovmers of the following described unplatted real estate situated in the City of Bozeman and/or County of Gallatin, State of Montana to - wit: East ~ of the S.E. t See ;ion 1, T-2S, R-5E MPM except; beginning at a point, said point being:, 68.4 feet East and 2.5 feet North of S.d. corner of said ea~t t~lf of ~ ~ ~ Section 1- thence north along the east line of Mont;a.na "".. 10,) ;.,j,. l.,) ".LJ. 4 ,! , ~itate Highway right-away on Seventh AVenue as now exists a distance of 1027.0 feet; thence South 890 47' east a distance of 553 feet; thence south along the line parallel to east line of said highway a distance of 1027 feet; thence N 890 47' N a dis tance of 553 feet to point of oe inn:inp;, containinr: 13 acres more or less, also except ,Festlake I s First Ac:dit;ion to the City of Bozeman, Mont,ma. Also, all that portion of East half of the Northea.st Quarter (E~3 N~-) of Sec- tion 1 Township Two (2) South of Ran~e Five (5) r~ast, Il.P.M., and all that portion of the Northwest Quarter (N\i14") of Section Six (6) Township Two (2) South HanGe Six (6) East, M.P.M., described 8S follows: Beginninfj ct tile quarter section corner on the Nest side of SecT.ion 6, Town- ship 2 South Eang;e 6 Ea.st, the same being; the S.Vi. corner of the N.W-. quarter of said sec'tion six, thence along the South line of said NWt 1330.6 feet, thence North 2 degrees livest, allowinG 19 degrees variation East, 659.5 feet, more or less to a point 30 feet Southerly measured at right angles from the southerly side of the rig:ht of way of' the Northern Pacif'ic:ailway Company and beinu; 1:30 feet from the center of said ri[;ht of way. thenne North 73 degrees 43 minutes ",'est parallel with said right of way 1700 fee"\;, thence North 70 degrees 52 minutes V'{est 1052 feet more or less, to the ;';ast side of the County road, said point being 30 feet southerly measured at right angles from the Southerly s ide of said right of way the same being: 80 feet from the center of said right of 'imy, thence South alonE'; the !'<;:ost s ide of the County Road 1482 feet more or less to the South line of the East half of the NEt of Section 1, 'fownship 2 South, Range 5 East, thence along said line 1308 feet more or less. to the point of beg;inning containing 64.0b acres, more or less. Excepting therefrom that part of NV~4 ::iection 6 Township 2 South of Hange 6P~aGt described as follows corrunencing; at the quarter section corner on -the "I"{est line of said Section 6, the same being the Southwest corner of the N'/~ of said section, thencei;~c_st along the South line of said Nli'~'", 217.8 feet to a point; thence North 2 ciegreesvYest allowing nineteen degrees variation 'i.Dast, 200 feet to a point; -thence Southwesi:.erly to the point of' beginning containing approximately 0.5 of an acre. Also excepting therefrom certain lands conveyed to the State of IFontana for exclusive use of the Montana Highvmy Commission as recorded in Book 145 page 253 Deed Records of the Clerk and Recorder of "allatin County, Hontana, said lands being; 7.61 acres more or less. p . J . dVDk 21 PAGf511. That Parties of the First Part desire to Plat a sixip of land in the above described property to be known asi;;estlake's Second Addition to Bozeman, Montana. That Party of the Second Part has required as a condition to accepting the plat of said 'viestla.ke' s Second Addition that the Parties of the Fjrst Part agree, in connection with platting the remaining portions of said lands owned by Parties of First Part, that Parties at ~('irst Part Dedicate one-ninth (1/9) of the total area of said lands hereinbefore set out and owned by Parties of the First Part, exclusive of Streets and Alleys when platted, to be set aside for park purposes; That in consideration of this agreement, Second Party is willing to waive the requirement that one-ninth (1/9) of the area contained in said plat to be known as -vVestlake's Second Addition at the City of Bozeman to be set aside for Park purposes at this time. NOW TEE?EFOiE, in consideration of' the Party of' \~i1e Second Part perritting the Parties of the First Part to file said plat of /iei3tlake IS Eecond Addition to the City of Bozeman, Montana, without setting aside a portion of said lands included in said plat for park purposes, Parties of First Part hereby covenant and agree that if and when the above described lands. 1ess.lestlake' s Second Ac1dition to the City of Bozeman, Montana. now owned by Parties of the First Part, are platted, 'Ghat -th ere shall be included in the plat such area for park purposes as the laws of :Montana may require, not; exceeding, however, one-ninth (1/9) of -the total area of the lands hereinbefore described now owned by Parties of' the :F'irst Part, including the land platted and Vlest1ake's Second i\.6dition to the City of Bozeman, Montana, exclusive of streets and alleys, when platted. THIS AGREE1ffiNT shall constitute a lien upon the lands herein described, owned by Parties of the First Part, for park purposes as hereinbefore provided.. exclusive of,-;estlake's Second Addition. and shall bind:.;he successors, assigns and heirs of Parties of the First Part. IN,n'1~N";SS ;mEHEOF, the Part ies of the First Part have s i;,;ned the ir names and exeouted these presents. and the Party of the Second Part has caused these presents to be executed by the duly au-c;horized officers of the party hereto, the day and year first above viritten. '~ ''1:. ;; / ,,~, /J '. ..?/' ??7-L- /;.;?, .... k'<I-:7c;:d-/C.C ,.' . , ,; Af~1 k"" !' / ':.9 ...... ..... (!{ ,I../L . ... . (. it' -c4/T/d . C_' Parties of the 'First art' e_ State of Montana ) . . County of Gallatin) On this il- day ofO~.:i~,{,..t'"r 1964. before me. Harold A. l<ryslie, a Notary Public for the State of Montana, pet.solla1ly appeared Myron M. i,est1ake andl'l.ura D.viestlake. husband and wife. lmown to me to be the persons whose names are subscribed to the wi thin agreement, and acknowledged to me that they executed the s sme . INWTTNESS, I have set my hand and at fixed my notarial seal;;he Clay Ella year in this certificate first abovevvritten. ~". -"". ., / ~,-,./ - ,_. ..... .... ..... '/ 7 /_. ."-&;~-r-<l' -/ ~'7~-r;;LLL,/ _ ~ot:lr~ Public for the State~f Montana .' ~ ,,,,- ,; J-tesldlng at Bozeman, Montana '. >,' -- .- My Commiss ion expires .Janusry 20, 1967 . . , .. .. . ~,,~ ~ . J dDOK 21 PAliE512 . ~ . . , . CITY OF BOZEW~N a municipal corporation of the State of Montana "" ,""""""" /:,~)" ( r / 'j , -- I /;---. . .,' /. '( r I ,,;f I( 1- U( /' [( . ~ /-p--cu I ' / : :MT~T I / , I \j ></', , / /1 //_.,_~_~....-c" ,,: ! /"7'-7----"; ~__t.:L/ .' ,,"~~._-1::-</ i/ <>-. / '7 A --';,,,) Clerk of the City Commis/sion STAi""E OF MONTANA ) . COUNTY OF GJiLLAT IN) On this;2/ day of &c/ ,l964~ before me Harold A. Fryslie, a Notary Public for the State of Montana, personally appeared R. Harry Morrow I 1 ~~ j"r . lrnown to me Lo be the Hayor J._' LL 1Jl~ eJ(j;,!l!Jt:"l'!!L~. __. .. _1,)' of the City of Bozeman whose names are subscribed to these presents and acknowledged to me that they executed the same for and on behalf of saj.d City. IN IVI1'NESSiJIEHEOF, I have set my hand and affixed my Notarial Seal on the day and year in this Certificl,te first above written. " ,,-"- '- /. ,//. .-ff ~--. -'.' '. ~ /// ,// -----..... .-" . /,.<:,..-..-t...;>'-,,----"-c/ / / ;:-_7~ 7- v.~/..f'" . Notary Public for the S ca", e of Montana Residing at Bozeman, Montana ., - . My Commiss ion expires January 20, 1967 .". .. ~ '1". .. J. ~ ~ ,,' 1'""1 'NDEXED~Y '" ,.jt~~l f PLA 11EO "- State of Mont" County of Gallatin. 58. Filed for record October 23 ,1964 at 2 : 20 1 P · M.. and recorded in Book ~ MISC. / page 510 EARL iVALTON ___.Recorder. By _ t1~ Deputy Rt: Harold Fryslie City of Bozeman