HomeMy WebLinkAbout60- Tract in S6 T1S R5E Deed
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Ft~DERAL A V I A T ION AGE N G Y
REGION FOUR HEADQUART~RS BOZEMAN, MONTANA
5651 WEST MANCHESTER AVENUE VOR & Power & Control
LOS ANGELES 45, CALIFORNIA cables r/w
4ugust 1, 1960
City of Bozeman, County of Gallatin
P.O. Box 136
Bozeman, Montana
Gentlemen:
Ther~ is enclosed for your files an executed copy of contract
No. FA4-903 for lease of land and right-of-way for the VOR and
power and control cables facility, Gallatin County, Montana.
Sincerely,
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E. rt. Main, Chief
Real Estate & Public Utilities Section
Enclosure - 1 -
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PAGE 1
, Form FAA 413
(U,S. Government Standard Form No.2
. A. modified for u"" by the
Federal Aviation Agency)
/ (Reviscd July 31, 1946)
,.; FEDERAL A VIA TION AGENCY
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5651 tl. Hanchoster f.l.Vf'lnue Bozeman, Mon1tana
Los Angeles 45, California VOR & power & con1Srol
oab1es r/w
Helena-Twin Cities Airway Contract No. FA4-903
LEASE
between
CITY OF BOZEMAN, COUNTY OF GALLATIN
,
and
THE UNITED STATES OF AMERICA
1. This LEASE, made and entered into this ~th day of July
in the year one thousand nine hundred and a1xt;r
by and between City ot BoMJlWl, County of Gallatin
P. o. Sex 136
whose address is Bozeman, Montana
for it and its h.,...., T-Il.-., ~.....~ successors, and assigns, herein...
after called the lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows:
2. The lessor here1:Jy leases to the Government the following described premises, viz: Seg1nning at a
point wh10h bears S. 6'.P 'Of w. X>92.4' teet rrom the Northeast corner of' Section 6, '1'.1 a.,
R., E., M.P...,thenCM South 70.0 teet to a point, thence West 60.0 reet to a point, thenoe
North 70.0 teet to a point, thence East 60.0 teet to the point of' beginning, oontaining
0.10 aore, more or l8ss.
Allo right-of-way tor underground power and oontro1 cables, oenterline described as tollows:
Beginning at a point lying in the South laoundary ot the above-<lescrlbed plett 35.0 teet West
ot the Southeast corner or said plot, thenoe S. 060 28' W. 1088.0 teet to a point, thence
s. 460 49' W. 15S.1 teet through existing duot to a point, thence S. 4f ll' E. 3)1.0 teet
to a point, thenoe S. l~ 54' W. 200.0 teet to a point, thence S. rn" ,6' W. 861.0 te.t to a
P01n~ thence s. 4jO 05' E. 53.6 teet through existing duct into an existing handbole,thence
S. 2 08' E. 187.8 reet through exil!lt1ng duot into an exiBtillg splice box, thence by the
moat oonvenient route into the Adainistration building.
The above-d.elcribed area and ri~ts-ot-wg are s1 tuatid on Gallatin Field Airport in Seo.6
Townllhip 1 South, Range' East, .P.M., G8.11atin County, Montan&t All bearing. are true.
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PAGFJ 2
And R right-of-WRY for lng-roils and er,reRS to and from tho premitms; 0. right-of-way or rights-
of-way for establishing and maintaining n pole lino or pole lines for extending electric power tele-
.phone, l\nd t~lephono tY}lcwri~(:n- facilities to th? premises; and rights-of-way for subsurface ~ower,
communicatIon and wnter lmes to tho promlsos; all rig-htl'l-of-way to be over the said lands and
adjoining lands of the lessor and, unless hereinbefore described by metes and bounds, to be by the
most convenient route.q ;
And the right to estnhlish anrl maintain beacon lights and other lighting equipment, radio, and
other facilities for communication and signaling purpORes, and other facilities and equipment for the
guidance and operation of nircrnft;
Anrl the right of /{rnrling, conditioning, installing drainage facilities, and soeding the soil of the
premises, and the rcmoval of all obstructions from the premises which may constitute a hindrance or
hazard to the operation of aircraft or to the establishment and maintenance of air navigation
facilities;
3. To lIA-VE AND TO HOLD the said premises with theil' appurtfmance.'i for the term beginning
1111:11, 1960 and cnding with I.. ~, 1961
4. The Government shall not assign this lease in any event, and shall not 8ublet the demised
premises except to a desirable tenant and for a similar purpose.
5. This lenM lllnY, At the option of the Covernment, be renewed from Jear to year
at fln nnnual rental of~, 1.00 , and otherwj~H" upon the tenns and con itions
herein sped fied. The Covprnment' 3 option shn11 be deemed exercised and the lease
renewed each year for one veRr 11nless the Government gives 30 days' notice that it
will not exercise its option, before this lease or any renewal thereof expires; ProTided,
That no renewal thereof shall extend the redod of occupAncy of the prem:i ses beyond
the 30th day of June 19'1Q And Prov:ided 1l'11'-ther, That Rdf!quate approprir.tions are
RTaileble from year to year for the payment of rentals.
6. The lessor shall furnish to the Government, during the occupancy of said premises, under the
terms of this lease, as part of the rental consideration, the following:
n. rlIh' \0 t.aataU ... ulaWll ........ pol.. v1th ~ cabl.. thmt'-
.. ~.t the 1..... -J--' to __ 1..... ,..... _lIOribed 1D ""talA 2.
7. The lessor shall not, during the term of this lease erect any structures on the premises, nor
use nor allow the use of the said premises in any manner without the written consent of the
Federal Aviation Agency.
8. The Government shall have the right, during the existence of this lease, to make alterations,
attach fixtures, and erect additions, structures or signs, in or upon the premises hereby leased, which
fixtures, additions, or structures 80 placed in or upon or attached to the said premises shall be and
remain the property of the Government and may be removed therefrom by the Government upon
the tennination of this lease or within 90 days thereafter.
9. The ~vernlient s~all pay the lessor. for the premises, rent at the following rate:
ODe .. I. ,00 $1.00 Dc:a1lar tor \he 1a1til&l I*'iod J\IlJ 1.. 1960 \brouch
JUIIlt .30, 1961.
Payment shall be made at the end of each Government fiscal year in arrears without submission
of certified invoices or vouchers. .
10. No Member of or Delegate to Congress or Resident Commissioner shall be admltted to any
share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained
shall be construed to extend to any incorporated company, if the lease be for the general benefit of
such corporation or company.
18--10303-8
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PAGE 3
11. The -words -- "hetrs,"executors, administrators" Article 1, Page 1
and the words beginning with "Together with the right" Article 2,
.. Page 1 were d$letedl Articles 12 through 14 on the attached rider
were added prior to signature of all parties to this lease.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date
first above written.
CITY OF BOZEMAN, COUNTY OF GALLATIN
.As the holder of a mortgage dated By: ~-;Zkl::;:~::>
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against the above-described premises, the Lessor.
undersigned hereby consents to the foregoing
lease and agrees that if, while the lease is in
force the mortgage is foreclosed, the foreclosure THE UNITED STATES OF AMERICA,
shall not void the lease.
-~-,--_.:.......------_........_------_..._...-....-...-~~--~~-~---~----~---_.._-~--... By ----s~~---
Mortgagee.
Real Estate & Public Utilities Section
FEDERAL AVIATION AGENCY
(If lessor is a corporation, the following certifiea te shall be executed by the secretary or assistant
__ secre tary)
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.-' " ---~-'--ZA"'L_____'-:!.__,' , \'>">_" '-~::---' _L~-"------,-___-' '.
I, _____________________~_~___________~____________________________________________________, certIfy that I atn the
--------------A-------:-------~---m----m-m-- Secretary of the corporation named 8S lessor in the attached lease;
th t ~~:--,~.) ,-/4~ ~~--c::~--(-<_<"~-~----- h . d 'd 1
a ____" _______________"'.__________________________~__________________________________________.__~____u___u__, W 0 slgne saI ease
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on belialf of the lessor, was then ____~____m____~,;':~~~-__::::::-~::::c~~=~_'C~_=___=m________________________----------------~ of said
corporation; that said lease was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
[CORPORATE]
__________________________________________________________________ SEAL
16-2n03-5
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Rider to Accompany Lease FA4- 90)
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12. The Lessor warrants that no person or selling agency has been employed or
retained to solicit or secure this lease upon an agreement or understanding
tor a commislion, percent~ie, brokerage, or contingent fee, excepting bona-
fide employees or bona fide established commeroial or selling agencies
maintained by the Lessor for the purpose of securing business. For breach
or violation of this warranty the Government shall. have the right to annul
this lease without liability or in its disoretion to deduct from the con-
traot price or oonsideration the full amount of such commission, percentage,
brokerage, or contingent tee.
1). This contract is executed subject to the availability of an appropriation
to cover the rental paymeat. and it shall have no legal efficacy whatsover
until the appropriation bill is made law.
14. Th. Lessor agrees, <:IS protection -to propel' oper" tiofl of a von radio
range facility Oy the Unitt~ States of America, to prohibit and refrain
from the erectiJn of any atructur.f building, tower, pole or pole lines
01' the growth of trees or high shrubs on p2:operty of the owner wi thin
1200 feet of the center of tile radio facility.
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INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE
. 1. This form of lease shall be used by the Federal Aviation Agency in the leasing of sites for
air navigation purposes. After proper execution by the lessor, the lease shall be submitted in quad-
· ruplicate to the Federal Aviation Agency for acceptance by its contracting officer.
2. The lease shall be dated and the full name and address of the lessor clearly shown in article
1. The premises shall be fully described in article 2 and the area shown. The location by refer-
ence to county and State, shall also be shown.
3. Whenever the lease is executed by the attorney, agent, or trustee on behalf of the lessor,
three authenticated copies of his power of attorney, or other evidence to act on behalf of the lessor,
shall accompany the lease.
4. When the lessor is a partnership, the names of the partners composing the firm shall be stated
in the body of the lease. The lease shall be signed with the partnership name, followed by the name
of the partner signing the same.
5. Where the lessor is a corporation, the lease shall be signed with the corporate name, followed
by the signature and title of the officer or other person signing the same on its behalf, duly attested.
The corporate certificate on page 3 of the lease shall be properly filled in and the corporate seal
affixed. If the corporation does not have a seal, that should he stated on the certificate.
6. Whenever the lease is executed by an administrator or executor on behalf of an estate,
authenticated copies of the appropriate court order or probate certificate, evidencing his appointment
as such by the court having jurisdiction over the administration of the estate, shall be attached.
Real estate ordinarily vests in the heirs or devisees of the deceased owner and the fact that an execu-
tor or administrator has been appointed does not necessarily authorize him to lease such property.
Therefore, in addition to furnishing evidence of the appointment of the executor or administrator
the authority of the executor or administrator to lease such property shall be shown by the furnish-
ing of (a) an authenticated copy of an order of the court having jurisdiction over the administra-
tion of the estate; or (b) a certified copy of an extract from the laws of the State where the prop-
erty is located, with citations of the statutes extracted; or (c) an authenticated copy of the pro-
bated will, if any.
7. If in connection with the use of the leased premises, the lessor is agreeable to furnishing as
part of the rental consideration certain facilities and/or services, other than personal services, or is
agreeable to granting any additional rights and privileges not specifically indicated in the lease,
provision therefor shall be made under article 6.
8. If the premises are mortgaged the "Subordination of Mortgage Clause" shown on page 3
shall be filled in and signed by the mortgagee. If the premises are not mortgaged, the word "None"
shall be indicated in the space provided for the signature of the mortgagee.
9. If in addition to the mortgagee, there is any other person having an interest in the premises,
his or her written approval for the use of the premises by the United States for the desired pur~
pose shall be indicated on the lease.
10. There shall be no deviation from this form of lease without prior authorization by the
person delegated authority to sign this lease for the Federal Aviation Agency, except-
(a) The paragraph, page 1, beginning "Together with," may be deleted if the premises are
not to be used to land and operate aircraft.
(b) Article 3 may be drafted to cover a monthly tenancy or other period less than a year,
if desired.
(0) In article 5 if a renewal for a specified period other than a year, or for a period optional
with the Government is desired, the phrase "from year to year" may be deleted and proper sub-
stitution made. If the right of renewal is not desired or cannot be secured, article 5 may be
deleted.
(d) Additional provisions, relating to the particular subject matter that may be mutually
agreed upon, may be inserted, if not in conflict with the standard provisions.
11. When additional provisions, relating to the particular subject matter that may be mutually
agreed upon, are inserted or when necessary deletions or other alterations are made before the
signing of the lease by the lessor, notation shall be made in the blank space following article 11 to
the effect that they were made before the signing of the lease; if made after the signing of the lease,
they shall be properly initialed by the lessor.
12. If the property leased is located in a State requiring the recording of lense in order to pro-
tect the tenant's rights, care should be taken to comply with all such statutory requirements.
u. G. GOVERNMENT PRINTING OFf'lcE 16-2930:~-5