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Home My WebLink About64- Westlake Agreement regarding Parkland ..... ' clOOK 21 PA6F510 AGREEMENT THIS AGREEM~]lJT, made and entered into this ;2.,./ day of a lA'-l964, by and between Myron M. and Aura D. d"estlake of Bozemn, Montana, Parties of the First Part, and City of Bozeman, a municipal corporation of the State of Montana, Party of the Second Part; WIT N E SSE T H a Thu.t the Parties of the First Part are the owners of the following described unplatted real estate situated in the City of Bozeman and/or County of Gallatin, State of Montana to - wit: East t of the S.E. t Sec don 1, T-28. R-5E MPM except; beginning at a point, said point being, 58.4 feet East and 2.5 feet North of S.W. corner of said east half of S.E. i Section 1; thence north along the east line of Montana ~)tate Highwa.y 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' VI' a distance of 553 feet to point of bef~inn:ing, containing 13 acres more or less, also exceptdestlake's First Addition to the City of Bozeman, Montuna. Also, all that portion of East half of the Northeast Quarter (~~ NEt) of Sec- tion 1 Township Two (2) South of Ran~e Five (5) East, M.P.M., and all that portion of the Northwest Quarter (NWt) of Section Six (6) Township Two (2) South l~nge Six (6) East, M.P.M., desoribed as follows: Beginning a.t -the quarter section corner on the Nest side of Section 6, Town- ship 2 South Range 6 East, the same being the S.W. corner of the N.W. quarter of said section six, thence along the South line of said NWt 1330.6 feet, thence North 2 degrees West, allowing 19 degrees variation East, 659.5 feet, more 6-f-less to a point 30 feet Southerly measured at right angles from the southerly side of the right of way of the Northern Pacific !tailway Company and being 130 feet from the center of said right of way, thence North 73 degrees 43 minutes West parallel with said right of way 1700 feet, thence North 70 degrees 52 minutes West 1052 feet more or less, to the East side of the County road, said point being 30 feet southerly measured at right angles from the Southerly side of said right of way the same being 80 feet from the center of said ri!,:ht of "my, thence South along the East s ide of the County Road 1482 feet more or less to the South line of the East half of the NEf of Section 1, Township 2 South, Range 5 East, thence along said line 1308 feet more or less, to the point of beginning containing 64.05 acres, more or less. Rxcepting therefrom that part of NW,f Section 6 Tovvnship 2 South of Range 6 East described as follows commencing at the quarter section corner on the West line of said Section 6, the same being the Southwest corner of the NW:i of said section, thence }~c'"st along the South line of said NW;t, 217.8 feet to a point; thence North 2 degrees West allowing nineteen degrees variation East, 200 feet to a point; thence Southwesterly to the point of beginning containing approximately 0.5 of an acre. Also excepting therefrom certain lands conveyed to the State of Montana for exclusive use of the Montana Highway Commission as recorded in Book 145 page 253 Deed Records of the Clerk and Recorder of (;allatin County, Montana, said lands being 7.61 acres more or less. ~-:J I f dfJDK 21 PAGf511. That Parties of the First Part desire to Plat a strip of land in the above described property to be mown as Westlake's Seoond Addition to Bozeman, Montana. That Party of the Second Part has required as a condition to aocepting the plat of said Westlake'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 First 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, Seoond Party is willing to waive the requirement that one-ninth (1/9) of the area contained in said plat to be known as Westlake's Second Addition at the City of Bozeman to be set aside for Park purposes at this time. NOW THEP~FORE, in consideration of the Party of the Second Part permitting the Parties of the First Part to file said plat of Westlake's Second 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, less Westlake's Second Acdition to the City of Bozeman, Montana, now owned by Parties of the First Part, are platted, that there shall be included in the plat such area for park purpos es 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 First Part, including the land platted and Westlake's Second Addition to the City of Bozeman, Montana, exclusive of streets and alleys, when platted. THIS AGREEMENT shall constitute a lien upon the lands herein described, owned by Parties of the First Part, for park purposes as hereinbefore provided, exolusive of;iestlake's Second Addition, and shall bind the successors, assigns and heirs of Parties of the First Part. IN '!'fITNESS "'{HEREOF, the Parties of the First Part have signed their names and executed these presents, and the Party of the Second Part has caused these presents to be executed by the duly authorized officers of the party hereto, the day and year first above written. '~;:;r Jd:/~ 1 Af~/ / :' .((~#/~ .", ({L.d(:d-Ie_~ Parties 0 the "First a . - State of Montana ) o o County of Gallatin) On this ~ day of()cfd(H'Or 1964, before me, Harold A. F'ryslie, a Notary Public for the State of Montana, personally appeared Myron M. Westlake and Aura D.Viestlake. husband and wife, known to me to be the persons whose names are subscribed to the within agreement, and acknowledged to me that they executed the same. IN WITNESS, I have set :my hand and affixed my notarial seal the day and year in this certificate first above written. tr' . . ~ . ~ ~ -::. .~ ~.... : " : ~~ : :d</ o a.ry Public for the State l' Montana Residing at Bozenan, Montana My Commission expires January 20, 1967 , : " \~.: ; f" , - . , ..... . . - .. ...... ~ . . '. ~ '. .. ,J dO(T~ 21 PA6E512 "1 I I __ '-..J'" .;...) \,i ~' t"~'~'~)~- . .' '~''1l " ... CITY OF BOZEMAN a municipal cory/on of ~he state of Montana i.'~-2'L " 'Yt '/ c v '---.r-?'-;>t-o)---- , \...,.' .; . . (J ;. :, ATTEST - , ./ ' " './"A'.. .," /;.'7 I ,,-r-'.' > ,/ .-::;" '/"~~~ .... A;,'(;_,.~ Clerk of the City ./ STA1~ OF MONTANA ) . . COUNTY OF GALLAT IN) On this;2/ day of {Y~-- . 1964. before me Harold A. Fryslie. a Notary Public for the-state of Montana. personally appeared R. Harry Morrow r 1 ~..j[ R'r known to me to be the Mayor .. 1" LL._ 11~ t:JvI.~A__ L~ * __~ .. -iJ of the City of Bozeman whose na.mes are subscribed to these presents and acknowledged to me that they executed the same for and on behalf of said City. IN ,iTI.'NESS i'iHEREOF. I have set rrry hand and affixed my Notarial Seal on the day and year in this Certificnte first above written. I." . . ~ . I . '. . 20. 1967 \~ ~ ~ -.....,. ,\,i' ",".n '~r~ ..,....'~ ~I INDEXED PLATTED State of Mont., County of Gallatin. 88. Flied for record October 23 , 1964 at 2:20 P. M.. and recorded in BOOk~ MISC. page 510 EARL WALTON Recorder. By . ~~ Deputy Rt: Harold Fryslie City of Bozeman