HomeMy WebLinkAboutQuitclaim 94- Daum, Harry M. Deed
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. FILM 168 PACf 317.3
QUITCLAIM DEED
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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.
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By: Scott Cockerham
I ts President
QUITCLAIM DEED - 1
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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.
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QUITCLAIM DEED - 2
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.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
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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