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HomeMy WebLinkAboutQuitclaim 94- Daum, Harry M. Deed - @~ ~. . , " .i (' 1 . "- ...'" I .. . FILM 168 PACf 317.3 QUITCLAIM DEED Sf- THIS INDENTURE, made the 2.1- day of October, 1994, between The Estate of Harry M. Daum, the party of the first part and The City of Bozeman, a Municipal Corporation and Political Subdivision of the State of Montana, the party of the second part,the party of the first part and The City of Bozeman, a Municipal Corporation and Political Subdivision of the State of Montana, the party of the second part, WITNESSETH, that the said party of the FIRST PART for an in consideration of the sum of One Dollar and Other Valuable Consideration ($1.00 & OVC) in hand paid by the party of the SECOND PART, receipt of which is hereby acknowledged; does hereby convey, remise, release and forever quitclaim unto the said party of the second part, and to its heirs and assigns, all rights, title and interest in and to the following described sanitary sewer and water improvements with associated fittings and mains, situated in the City of Bozeman, County of Gallatin, and State of Montana, to wit: All sanitary sewer and water mains, fittings, valves, and all accessories and appurtenances thereto located on Grantor's real property described in Exhibit "A", attached hereto and incorporated herein by reference, excluding therefrom (1) all sanitary sewer service lines; (2) all private storm sewers and appurtenances; and (3) the private sewer serving the Main Mall Shopping Center located immediately north of the shopping center and interconnecting to the public sewer manhole number 69. In addition, The Estate of Harry M. Daum, its successors and assigns, through the undersigned agent, hereby accepts full and complete responsibility for the prior maintenance and repair of the foregoing sewer and water pipelines with appurtenant mains and valves and hereby indemnifies and holds party of the second part harmless from all damages, claims, causes of action, environmental clean-up expenses and remediation costs, including attorneys' fees and costs, in any way arising from or related to the parties of the first part's prior ownership and operation of the foregoing water and sewer pipeline system. The foregoing indemnity shall be binding upon the heirs, successors and assigns of Grantor. TO HA VE AND TO HOLD, all and singular the said premises, with the appurtenances unto the said party of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hands and seal the day and year first above written. THE ESTATE OF HARRY M. DAUM By: CERTIFIED PROPERTY MANAGEMENT, INC. \,h/ !c/L By: Scott Cockerham I ts President QUITCLAIM DEED - 1 --., ,., . ," i I ~ . (\ ... ~,. "- STATE OF IDAHO) fiLM 168PACf3174 )ss. County of Canyon ) On this J/Sr- day of October, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Scott Cockerham, known or identified to me to be the President of Certified Property Management, Inc., the entity that executed the instrument or the person who executed the instrument on behalf of The Estate of Harry M. Daum, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year first above written. . ,lIf,li;, 'IJ, ':V ./'-1. "- ')/ A ~"'\~t\ttE"M""';"'i.! /f1UvnCht..L r 71. ~ ~ " 'l>..~ ........ .L.. N P bl..(.' dah i" <::-\~~... . ',..~;, ,2. ' otary u Ie lor I 0 'J "l~OT A~f~: /i Residing at: 11~~ ~d~o Ii ..;i':');-,*:~ \,'l IE CommISSIOn ExpIres: ;; - k >t1:-;; 'i~~ ~(JB' \C !.*.~ \lfIi...."'\~..., ....., t. ;: ,. ,~j,~~ ~~", -. ....~6 ,~... ~~, " . ~,..tII.... ,,~' ,~ "'1';. It OF \0 .,\" -';'''''i,ifI'I,\ll\' QUITCLAIM DEED - 2 i- t . ~ ~ (-\ ~ .......::.JI "- .4 filM 168 PACf3175 EXHIBIT "A" LEGAL DESCRIPTION The following described premises in Gallatin County, Montana, to-wit: A tract of land in the S~ of the SW7( 0 f Section 11, T. 2 S., R. 5 E. , Montana Principal Meridian, Gallatin County, Montana, and more patricularly described as follows: Beginning at the SW corner of said Section 11, thence N. 01022'2811 E., on and along the West line of said Section 11 to the Northerly right-of-way of U.S. Highway 191, as now laid out and constructed, a distance of 56.61 feet, thence N. 89017'30" E. , on and along said right-of~way, a distance of 893.06 feet to the SE corner of the Southern Montana Veterinary Clinic, the true pont of beginning; thence N. 01022'28" E., on and along the East line of the said Veterinary Clinic property a distance of 300.00 feet; thence 8. 89017' 3011 W, on and along the North 1 ine of said Veterinary Clinic property to a point on the East line of a parcel of land owned by the State of Montana, a distance of 150.00 feet; thence N. 1022'28" East on and along the said East line of the State of Montana property to the North line of the S~ of the SW7( , a distance of 963.74 feet; thence N. 89024'39" East on and along said North lline to the North- west corner of the R. L. Stratford Property, a distance of 1478.19 feet; thence 8.0016'25" West on and along the West line of said Stratford property a distance of 459.54 feet; thence S.24005'35" East on and along the Southwesterly line of said Stratgord property, a distance of 264.58 feet, to a point on the right of way curve of U.8. Highway 191, Station 286 f 96.3; thence On and along said right of way curve to the right having a radius of 1860 feet through a central angle of 45033'3811, a distance of 14719.04 feet to the right of way P.C. Station 271 f 77.5; thence S. 89017' 3011 West on and along said right of way, a distance of 143.15 feet to the true point of beginning. Said tract contains 38.612 acres, subject to existing ease- ments for irrigation ditches, power lines, gas lines land water lines as the same now exist over and across said 3~15288 property. State of Ment., County of Gallalln. &s Filed for recerd NOVEMBER 25 19 96 ,- at 9:20 A M., and recordad In Book 168 h 1I~C:L9US page 3173 FEE: $18.00 SflaRey I.. fttDIy . - ~,. Recorder. B, A /1./ ,#.4~ Deputy RT: CITY OF BOZEMAN