HomeMy WebLinkAbout79- Westlake, Agreement
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AGREEMENT
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THIS AGREEMENT, made and entered into thi s 18th day of April.' ,
1979, by and between the CITY OF BOZEMAN, a municipal corporation, organized
under the laws of the State of Montana, hereinafter called the Party of the
First Part, and Mr. MYRON M. WESTLAKE, hereinafter called the Party of the
Second Part.
WIT N E SSE T H :
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WHEREAS, the Party of the Second Part is the owner of certain ditch rights
located in the Northwest portion of the City of Bozeman, County of Gallatin,
State of Montana, which ditch right is described as:
Beginning at Beall and North Eleventh Street, running in an
open ditch along Beall East to North Eighth, thence proceeding
underground to the Northeast corner of Durston Road and North
Seventh Avenue in the City of Bozeman, From that point, the
ditch is partly open and partly in culvert, extending North
along the East side of North Seventh Avenue approximately to
Hemlock Street and South along the North side of Durston Road
and/or Peach Street to North Third, From thence, the ditch
extends East along the West side of North Third,
WHEREAS, the Party of the Second Part has agreed to relinquish all rights
to the aforementioned ditch through portions of the City of Bozeman as described,
NOW, THEREFORE, it is mutually agreed by and between the parties hereto,
as fo 11 ows :
That all rights to the ditch as described are hereinafter abandoned by
the Party of the Second Part and that the Party of the First Part may fill in
said ditch,where ever it traverses public property, in the interest of safety,
construction of public sidewalks or the abatement of nuisance problems,
THIS AGREEMENT is hereby made binding upon the successors and assigns of
the parties hereto.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the day and year first above written,
CITY OF BOZEMAN,
'-~i.~"""~",, A Municipal ~orporatioD"
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PARTY OF THE SECOND PART:., ..- .'
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By ,..!/_ /7 1 "L ,//L- -C' 2.[ ~.,--f(.-k,
MyrOn M. Westlake
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.' 'I.M' 10. .1578
STATE OF MONTANA )
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County of Gallatin)
On this /~ day of ,I , 1979, before me, a
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Notary Public for the State of Montana, personally appeared Edmund P. Sedivy,
- Sr., Mayor, and Erna V. Harding, Clerk, known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that
they executed the same on behalf of the City of Bozeman.
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, /, ';7".""(\:: '\ Mont a, Residing at Bozeman,
.",:,s. 'j' . ';, Montana.
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STATE OF MONTANA )
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County of Gallatin)
On this 7t.. ,4 I , 1979, before me, a
/"7 - , day of ---Li.fv;
Notary Public for the State of Montana, personally appeared MYRON M. WESTLAKE
known to me to be the person whose name is subscribed to the within instrument
and aCknowledged to me that he executed the same.
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Notary Public for teState of
Montana, Residing at Bozeman,
Montana.
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PLATTED
H2906
Stnte of Mont" County of Gallatin. ss Filed for record .Tnnp- 8 j '197 9
at__1 : 4-?~M., and recorded In Book 50 of MISCELLANEQYS _pa~e-1.577
,fucifet a-----13hiAW'A. Recorder. By &-#.J Ajt.\ b/./.4,/C -De put!'
Rt: City of Bozeman
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