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HomeMy WebLinkAbout54- Thompson Hereford Ranches, Inc. . . - i ,.. . r~ ;:"} " . ;"''''. I) ! I, A G R E E M E N T ." .,.J THIS AGREEMENT; Made and entered into this 15th day of September, 1954, by and between THOMPSON HEREFORD RANCHES; INC. ~ a corporation organized and existing under the laws of the State of Montana, with its principal place of business at Bozeman, Montanal the party of the first part, and CITY OF BOZEMAN; MONTANA, a municipal corporation, the party of the second part, WITNESSETH: That the party of the first part is the owner of the following described real estate situate in the County of Gallatin, State of Montana, to-wit: All of that part of the Southwest Quarter (SW 1/4) of Section Eighteen (18), Town- ship Two (2) South, Range Six (6) East, M. p. M., described as follows: Beginning at the Northwest corner of said Southwest Quarter (SW 1/4), thence East along the center line of said section to the West line of the right-of-way of the Chicago, Mil- waukee, St. Paul & Pacific Railway Company, thence Southwest along the West line of said railway right-of-way to the North line of that parcel of land owned by said railroad and used for a stockyard; thence West along the North line of said railroad property used for stockyard to the West line of said section, thence North along the West line of said section to the point of beginningl containing approxi- mately 5-3/4 acres; That the party of the first part has submitted to the party of the second part and its Board of Commissioners a plat of said lands, dividing said lands into lots and blocks, and requested second party to take such action as may be neces- sary to include said lands within the city limits of the City of Bozeman, Montana, and to approve said plat as an addition to the City of Bozeman, Montana. That the party of the second part has denied said request of first party for the reason that The Montana Power Company has a right-of-way along the North line of the above-described lands and there is now installed along said North line a power line which has four (4) poles on and along the North line of said lands, the result of which is that if the City of Boz.eman would accept said plat which dedicates the North 30 feet of the above-described lands for street purposes, said power line I would be located at approximately the center of }...incoln Street as the same would exist after the widening of said Lincoln Street by the acceptance of said plat. . e ~ .' w ,,/.,. ", ~ ,. . --. . ) /1 {1 .. ~. ,:(18/ LJ I'nll[ ,) ~ NOW THEREFORE, in consideration of second party accepting said plat and including said lands within the city limits of Bozeman, Montanp., the party of the first part hereby covenants and agrees with the City of Bozeman that first party will move or cause to be moved, without cost or expense to second party, said poles of said Montana Power Company which are now situate upon said property, and agrees to move the same within ninety (90) days after receiving written notice from second party that second party desires to grade and enlarge Lincoln Street to include that portion of the above-described lands shown on said plat to be added to the South side of Lincoln Street. THIS AGREEMENT shall apply to and bind the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the said parties hereto have caused their corporate names to be subscribed and their corporate seals to be affixed, by their ~~~~,p~.~:,,~~ficers, thereunto duly authorized, on this fifteenth day of September, . '~<:~~~:i)l'1<:1~4. .,....,.."",..,..U. :~',/.(:s' f,~";'.~,,; ..'.....,~ :,': ,~",.~, ,:J'I',:,~,,_. :':. ,v ~ ..;.... , ,~(J~)!*.l;h'.:. :"\ Y', THO . SON HERE ORn RA C S- ''',:;;.';::-:>j!~;.'~\~.j;,,~ ,:' : MP F N HE ~ INC. 1 , ' "'\').' (.' .. ,< ";',<~:.""', :,., . '--. '--,' '..-/ ,. ,.,' By ~ .4 )/I/O'--v~A- /__. Attest: . ..' President. i ~~!!"f?T Party of the First Part. CITY OF. BOZ....?... ~.N. ;. M.....O~TANA, a municipal cOlPoration~ ~ I ~_.../ <---/' '.' / ,- By 1,/ /, /:.!:;J ( X.~~-- , (/, ,~. AtteBt: . ./ Mayor. " '~ Party of the Second Part. 1/ . 'Iffi' ~ "'!'O!. .~:~~f.~ ~, f, ~ ,. ' - 2 - . . ~ .c ~ .. STATE OF MONTANA ) 3(1O~. 1;) F)I1Gt~)'l:l ) ss. County of Gallatin ) On this 15th day of September, 1954, before me, H. A. Bolinger, Jr., a Notary Public for the State of Montana, personally appeared Lester H. Thompson, known to me to be the President of Thompson Hereford Ranches, Inc., the cor- poration that executed the within instrument, and acknowledged to me that said corporation executed the same. affixed my notarial IN WITNESS WHEREOF, I have hereunto set my hand an!! seal this , . . . ~ '. ~ l I".i , <\;~5th l1ta.i'(j,('~~eptember, 1954. ::/ ~~ \ ~ "Y ., -:;/Pf 13 r-W-- : . ""I'f '" ~ Notary Public for th State of Montana b " \ \''",' Residing at Bozeman, Montana :.1 \j '.\ My Commission expires January 14, 1956. .> ST ATE OF MONT ANA ) ) ss. County of Gallatin ) On this 15th day of September, 1954, before m~'__""""~d ,Ie...~ , a Notary Public for the State of Montana, personally appeared W. Gilbert Lowel known to me to be the Mayor of the City of Bozeman, Montana, the municipal corporation that executed the within instrument, and acknowledged to me that said municipal corporation executed the same. IN WITNESS WHEREOF; I have hereunto set my hand and affixed my ,\\\~t l:n'!I.'.'. n~~a;f4~..~~ltl",the day and year in this certificate first above written. ,~' .,,,\ '''L,..t1 4- ".... Ij. ;7" '. to.. .' III... t>;' ." ~nl . ,"'''' 't'''' A,'.w ~ ~ : : .~ .~ ~ L ~ '': ," : "I,~ ~~.. : '..-: -'~ n Ca#' : . ~, .,., "r : .~- otary Public for the State f Montana ~ I'l\ (:~'f!' ,1" ....1: ' ":: '.A \~) ~ ....~ . . // Residing at Bozeman, Montan1lou,RY PUBUC FOR THE STATE OF MONTAN^ -,<,,,~.~...., .~ .........~.' My Commission expires RESIDING AT !lOZEMAN, MONTANA ij ,"'- ....."... ,~ ~ {..OMM1:JSleu EX~I~~':;:' nC'T 14. 1~58 '.' - "".. \. . ""11 >"'\'" '. \,\' 1)8'1.....)1) IND X "'II,ttl"'" ....... (.. E . ED PLATTED OFFICE OF COUNTY RECORDER,) THIS INSTEU;.nWT Wi-..'3 FILFD FO~J.\ R' ORD IN THIS ~ STATE OF MOlHANA, ) 56. OFFIC~?_THE.___2~_ DAY OF.. , .m _.~.., A. D. 19-frK COUNTY OF GALLATIN. ) AT/a._~~., AND WAS DULY RE DED IN BOOK___L....L.... . 9 OF.........h.m__~.h...m.RECOlIDS, PAGE.....~ZL..... Fee $-2~. ..:~-~~ _.._ RDER. BY_.__.._...............____......m..._....DEPUTY.