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HomeMy WebLinkAbout61- Right of Way Deed No. D-4258 .. *,~. RIGHT OF WAY APPLICATION No. 4950 . AFFECTI~G THE S~SE~, SEC. 36, TWP. LN, ., RGE. 4E~ GALLATIN COUNTY, MONTANA - ~OOIi 1:]8 PAGF421 . ' ....' Form R.4I--'IM No.___...!?:~~~~_..._______ RIG'HT OF WAY DEED --- EASEMENT DEED --- correotive Deed, IN THE NAME AND IY THE AImIoRm OF THE STATE' of MONTANA '~. 'fro all '1:0 IIl1lJom ClJr.e 1&te.ent. ftlJall ~omr: Knowye that the State of Montana, in consider.tion of the sum of_________________ _.:::..-_-__:====_:.~__-__:====_Q.:t!E THOUSAND SIv HUNDRED AND "'0/100------------------------- Dollan -----------~~-----------~~-----------------~--~-~~~~- '. now paid, grants to_~~_C_i;;X_~~_1!~z_e.!!'!l!1.!._~~~1;~Il~'__a_!1~~!~~P..a}_9~:f<!::.~t..i.:'E.!_~~<!_t..h:_ County o~ Gallatin, a POlitical Subdivision of the State of Montana ------ a right of w.y for a_ _:.~__-___-:==a;rB.~Q.~_l'~~!:t!t':t:.:t~~ _~_ blB_1!~'LI_Gl\:rlQti _~~E_AMlil~~=_:.::_-_-=====_:.~ ---------------------------------------~-~--------------------------------------------~-- ~--------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- ----------------~-----------------------_._------------------~--------------~~---- upon;rif.cross state lands, as follows: '- The South half of the southeast quarter of Section 36, Township 1 North, Range 4 East, "' -' Montana Principal Meridian, Gallatin County, Montana, being approximately 80 acres in area, including the following special considerations: (1) The right to delegate the~l~~of these lands to the Gallatin Field Board, a joint City-County Board created under statute allowing cities and counties to join together · to create such Boards for the operation of joint city and county owned air fields~ (2) The right to construct and maintain runways, taxiways, drainage ditches and other airport facili- _ tiesi (3) the right to maintain clearance for air navigation by the prevention of the erection . of any structure deemed to be hazardous to air navigationi (4) the right to clear and remove from the land all existing structures, natural or artificial objects or any other hazards to airport use~ (5) the right to exclude from the land persons and animals when their presence is deemed to interfere with the use of Gallatin Field for public airport purposes. Also an easement and rights appertaining thereto for air navigation clearance above portions of the southeast quarter and the southwest quarter of Section 36, Township 1 North, Range 4 East, Montana Principal Meridian, Gallatin County, Montana, as follows: - ----- Beg-innin, at th4 point of. in'tersec-ti~n-' 0/ the. tcnmshtp line qe_tween Section. 36, Town- ship 1 North, Range 4 East, and section 1, Township 1 south, Range 4~East, Montana Principal Meridian, Gallatin County, Montana, with a line eight hundred seventy five (875) feet south- west of and parallel with the centerline of the northwest-southeast runway of Gallatin Field extended in its course, said point of intersection being two thousand four hundred (2,400) feet, more or less, east of the section corner between Section 35 and 36, Township 1 North, Range 4 East, and Section 1, Township 1 south, Range 4 East~ thence, easterly along said ~ township line a distance of Two hundred fifty (250) feet, more or less, to the south quarter corner of said Section 36~ thence, northerly along the quarter section line through said \ section 36 a distance of one thousand three hundred (1,300) feet, more or less, to an inter- section with a line which is the northern boundary of the south half of the southeast quarter of said Section 36~ thence, easterly along the said northern boundary of the south half of the southeast quarter of said Section 36, a distance of nine hundred (900) feet, more or less, to an intersection with a line eight hundred seventy-five (875) feet northeast of and parallel with the centerline of the north-west-southeast runway of Gallatin Field, extended in its course~ thence, northwesterly along said line eight hundred seventy-five (875) feet northeast of and parallel with the said extended runway centerline a distance of one thousand eight hundred fifty (1,850) feet, more or less, to an intersection with the east-west quarter-section line through said Section 36~ thence, westerly along said quarter-section line through said Section 36 a distance of one hundred (100) feet, more or less, to an intersection with a line which is at a riqht angle to the said extended runway centerline and intersects said extended runway centerline at a point three thousand nine hundred (3,900) feet northwest of ." the point of intersection of the northwest-southeast runway of Gallatin Field with the center- line of the north-south runway of Gallatin Fieldi thence, southwesterly along said line at . a right angle to the said extended runway centerline a distance of one thousand six hundred .- seveIit:y-rf,670) feet, more or less, to an intersection with a line eight hundred seventy-five (875) feet southwest of and parallel with the said extended runway centerlinei, thence, south- ; easterly along said line eight hundred seventy.:t1ve-(S-75) feef--southwest o~f-and-paralleYwith the said extended centerline of the northwest-southeast runway of Gallatin Field a distance of two thousand fifty (2,050) feet, more or less, to the point of beginning It is agreed that the State of Montana will not hereafter erect, or permit the erection or growth, of any structure, tree or other object within that portion of the south half of Section 36, Township 1 North, Range 4 East, Montana Principal Meridian, which lies within the northwestern clear zone approach area of the~northwest-southeast runway of Gallatin Field, to a height above the clear zone approach\surface for that approach area, said clear zone approach surface being an inclined plane w~tha slop~ of 50:1 (one foot of elevation for each fifty feet of horizontal distance) located directly abo~e the clear zone approach area, which inclined plane has an elevation of four-thousand four hundred twenty-three_.{4,423.0) feet (mean sea level) at its inner and lower ~ge along lineAB as shown QIl said attached plat, and an elevation of four thousand four hundred seventy three (4,473.0) feet (mean sea level) at its outer and upper edge along line CD as &Rown on said plat~ and t~t the State of Montana grant and convey to the said city of Bozeman, Montana, a municip~ c~poration, and the County of Gallatin, a political subdivision of the state of Mon~na, ~~s agents, servants and employees, a continuing right and easement to take any action necessary to . prevent the erection or growth of any structure, tree or other object into toe air space above that part of the said approach surface which is directly over the clear zone approach " f . 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"". ..,,,i,.,L" ,( .,.-v' -, . >--~ " / " . area and to remOve from such air space, or mark and light as obstructions to air navigation, any and a'll structures, trees or other objects that may at any time project or extend above the said approach surface, together with the right of ingress to, egress from, and passage over the land owned by the state of Montana within the clear zone approach area for suqh pu.rposes;to"_have to hold said easement and all rights appertaining there~to---ehecitY'Of Bozeman, Montana, a municipal corporation, and the County of Galla n, a political subdivision of the state of Montana, its successors and assigns unt~ such time as the said City of Bozeman, Montana, a municipal corporation, and the co~nty of Gallatin, a political subdivision of the State of Montana shall abandoned and . c~ase to use the said Gallatin Field for public airport purposes~ , ~ .~~ - - \ - ., "-' ......,;'. -,. . . I - ~, r; .Ptet,d Ut~ 8tt.O. i' , A~unoO ttt~81t80 'i uaw9zog ~ : ~ JO K~lO o~ 8U8~UOW JO 9~~S f . peea eA t~oe.:ttlOO -'~- Y,u _ _ , ~U9m9.~ - aaaa m dO ~~:H - -k--- ['i '., ~r~"'- ~.~,"".,l. ."''''''. ,~.,.,.. , . ~.. ,"""Ii~'''''''''.~'' ,"~""""" .:..y,. . ..'.:',..:~:'.;.-;'..'.:':""'.--,-~.':.".. j i 1 i., ~, , It is further Provided that whenevers.id lands herein granted as a right of way shall cease to be used for such purpose, the same shall revert to the state upon no.tice to that eHect being given-to the said grantee named herein. :.". IN TESTIMONY, WHEREOF, the State of Montana has caused these pr~sents to be executed by the Go"ernor, and to be aHested by the Secretary of State, and countersigned by the Commissioner of State Lands and Investments, and the Great Seal of the State, and , -the Seal of the State Board of Land Co'mmissioners to ~e hereunto aHixed,this:===:'::..:.'~-_-_ ~ ==,:~.!.~LTlt-===:.:::.-_day of ===:'::.(2.CJ~)J.3i:E===,=..:_-..:'"~~-=,A. 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