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Home My WebLink AboutWarranty Deed 56- Gallatin Cooperative Creamery Deed ~ ' " r- --' , '. , ~ . ..... ., . ( ! ... . WAHHANTY DEED THIS INDENT1:JRE, Made this 1st day of N:Mm-.rer > in the year of our Lord One Thousand Nine Hundred Fifty-six, between Gallatin Cooperative Creamery, a corporation organized and existing under the laws of the State of Montana, with its principal place of business at Bozeman, Montana, grantor, and the City of Bozelnan, 8. rn unicipal COrp()i'ation, gran tt': e , - WITNl<.iSSE TH, That the said grantor, in consideration of the sum of ONE DOLLAH ($1. 00) and other valuable consideration to grantor in hand paid by the said grantee, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey, unto the said grantee, its successors and assigns, forever, the following described real property situated in the City of Bozeman, County of Gallatin, in the State of Montana, to-wit: The North Twenty (20) feet of Lot Eight (8), in Block Three (3), of Durstons Second Subdivision to Bozeman, Montana. for alley P.U1Xffi3. The grantor also gives, grants and convevs to the grantee, its successors and assigns, an easement and ['ih' 1 () !,::linl:1ir, operate, relilove and replace the SP\\(-'l Lj,,< ",\,:11" 1. '\ \,: \. 1"1 {I ~::'.~ 1.' ~.l.n. 1 \:~; ~'-"I as nnwinR-tal1erland any re.p1::H'PTnPTlt<::: (II' ('ni:lt,;C>'!I('()iS lhc>t'(">c,f over and across the following described real property situated in the City of Bozeman, County of Gallatin, State of Montana, to- wit: The center Sixteen (16) feet of the Twenty (20) foot alley originally platted in Block Three (3) of Durstons Second Subdivision to the City of Bozeman, Montana, which alley was vacated by ordinance of the City of Bozeman, Montana, dated October 31st , 195f5, together with the right of access to said sewer line and the right of ingress and egress in land and buildings owned by the grantor or its successors and assigns for any and all purposes necessary and incident to the exe rcise by the grantee of the rights granted he reunde r. The grantor agrees that any buildings constructed by it, over or above the lands in which the grantee has such easement for sewer line, shall be constructed in such manner as to not inter- fere with the installation, maintenance, operation, removal or re- placement of such sewer line. TO HA VE AND TO HOLD, 'The premises hereby conveyed, with all the rights, privileges anCi appurtenances thereto bplonging or in anywise appertaining, unto the said grantee, its successors and assigns, forever; and the said grantor, its successors and assigns does hereby covenant with the said grantee, its successors and assigns to warrant and defend the title to the premises hereby conveyed against . . . "k ~ -.. ;: } . ,,/1,1 . : . the claim of every person whatsoever, claiming by, through or under the said grantor. IN WITNESS WHEREOF, said GRANTOR has caused its corporate name to be subscribed and its corporate seal to be affixed, by its proper officers, the re - unto duly authorized, on the I~ day of N:.lI..emb2r, A. D., 1956. ----- -, GAI"LATIN COOPLHI\TIVE CHEAl\IlERY ..-) 1//' / : /./ /;,.< ;' ,. " , By . j / ''/...' ! /, ' ',/ { . i } __' / I ,i ,. ./ I,...,~, ,. ,_I'., ..' ,/ ~, /.' 7 I -.i-L- ~.__I___J...tJ-"'-----..I:. I ." .' I--"""',-L'. \ /" I, Pre'sident. - , ~ ATTEST: ..-!-.' ..'" /") ,i 'j ",,- I \ /'~f....'1'-. / / ,./i // / , " I, .J .........t,o.-1. . : " C-,I j ....../ (' \11. ("L i...li. r {.j' tl / ,'i.-L U ~ecretary. -'. -'. -', -,- oj, ,.. -'. ,.. ',' ',' '0- -,' -.- ,- ',' " STATE OF MONTANA ) ( SS County of Gallatin ) On thiH j...,f/(. day ()f N.-l\errh,~~', in t.he year l:LiC, f:it'i'nre [He H. A. Bolinger, Jr. , \ C" .,otary public for the State of Montana, personally appeare~~-~~~ (.cz, to be the President of the corporation that executed the within instrument and ac- knowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~- Notary Pu 'c I' the State of Montana. -- -......... Hesiding at Bozeman, Mont.ana. ,,- My Commission Expires: Jan. 14, 1959. .,', ~', t ., ."," 1Il~ '~, . ,,/I I ~. 1I~ "...... -.,_rO' I:,"" ,~_..." }!;~), ',,' ',~ /LJ?J4 'T'"'' !','-"',:?' . , "-...::...~:;,:..:::"",... 'lSt,ate of MOld::,. " County of G~ll~ti~. " '"1-1 -fr' 1" 'Y' n r- n .r' (1 N OV · 5th ~) C" c'" ~:' . IZ2c. . Deed~_ u_.__ '-. ' ".f',~ uL ...J..:..Q'O....'..wnP.'.!~. . Ct.. ~ ..'_ 1: ~..;1: la':.g-6E<r,J~~glt. QIL..u--. __,... .,--. ,.--, . Xl c;.c, .' .'_' :'~ l, ~, .. j' /'-- -----.---.---~-?::_~, .. ""!.' ""d"'. ; . . . ~ '\ THE CITY OF BOZEMAN MONTANA October 26, 1955 Gallatin Cooperative Creamery Box 754 Bozeman, Montana i'ittention: Mr. Harold W. Goble, Manager Dear Mr. Goble: Reference is made to the discussions which have been had with offi- cials of your organization concerning the closing of the alley be- tween North 7th and North 8th Avenues in Block 3 of Durston1s Second Sub-Division of Bozeman, Montana, upon which your organization pro- poses to construct its new creamery plant. It has been fully ex- plained that if this alley is closed, such closing will require that when the proposed lateral sewer is constructed along this alley, the sewer will have to be relocated to run around the westside of your new building on your property. It has also been explained that in order to reroute this sewer, your organization will have to give the City an easement across your property for this purpose and further that your organization will have to pay the difference in cost be- tween running the sewer down the alley and rerouting it around your building. Confirming our previous discussions and the above understanding, I have been directed by the City Commission to submit this letter to your organization, setting forth the above and securing the approval of your organization to the same. Accordingly, I submit the following as the terms of our understanding and agreement: 1) The City of Bozeman will upon proper petition and after proper legal proceedings, close the alley between North 7th and North 8th Avenues in Block 3 of Durston's Second Sub-Division of Bozeman, Montana. 2) As a condition precedent to the above alley closing, the G~llatin Cooperative Creamery will and does hereby agree to grant and convey, when requested by the City of Bozeman, an easement for sewer right of way across its property in said Block 3 as follows: A right of way 16 feet in width being 8 feet on either side of the following described center line: Beginning , ~ .. 'L . . . . . Gallatin Cooperative Creamery Page 2 Cctober 26, 1055 at a point on the center line of alley in Block Three (3) , of Durston's Second Sub-Division, located 10 feet South of the North Line of said Block Three (3) , thence Westerly 10 feet South of and parallel to the North Line of said Block Three (3), a distance of 132 feet, more or less, to a point 8 feet East of the West Line of said Block Three (3) ; thence Southerly 0 feet Zast of and parallel to the ~~st Line of said Dlock Three (3) , a distance or 423.33 feet, more or less, to a point BG feet North of the South Line of sald Zlock ~~rco (3) ; thence South ":1,4026' East a distance of 12D.~2 feet, more or less, to a point on the South Line of said Block Three (3). 3) As a condition precedent to the above alley, closing, the Gallatin Cooperative Creamery will and does hereby agree to pay to the City of Bozeman, when required by the said City of Bozeman, the difference in cost at the time said sewer is installed between a sewer which would have been installed in the alley and a se_ver relocated aroundche Creamery Plant, which difference is now estimated to be approximately ~;1, /150.00, :Jut which difference may be more or less at the time of such installation. If the fOl~egoing meets with your personal approval, it is requested that you submit tllis letter to your Board of Directors. If your Board of Directors approves the same, please have them take the neces- sary corporate action to approve this pr090sal and authorize your President and Secretary to execute the Apnroval set forth below. It is also requested that you have at least three of your Directors exe- cute the following Approval. Upon completion of the following Approval, please return the original of this letter to the undersigned. The copy is for your retention. Very truly yours, ~~~ '" dJ <-........ ,_<..-- ]\1. I~. Henderson, City Manager ,:iPPHOVAL AND ACC:EPTANCZ -~-~~~~--'-'~-'-"~ .Ie, the undersigned, being the President, Secretary and a .. .II . .. ... ".. . . . - . Gallatin Cooperative Creamery :Page 3 October 26, If)55 majority of the Directors of Gallatin Cooperative Creamery, a I.lon- tana corporation, do hereby certify that we have read the foregoing proposal, fully understand its contents, do hereby approve and accept the same on behalf of Gallatin Cooperative Creamery and that the Board of Directors have a~proved and acce~ted the same and have authorized the execution of this Anproval and Acceptance. ." Dal:'~:~ at Bozeman, Montana, this IJ?!!-._ day 01 ;Qe~e~__1.tf-E__' ,,;-}. . D. , ;,.,: ::) ::; . GALLATIN COOPEHJl..TIVj~ CREAMERY I 1/' i . / , ' By- ~;!i:/.1 _IlL /)/('-;%r.;.-~{y~,", ~/.~,_~ I ~ ~res~ ant ATIE~: / L ""y( ~ ," &- ' /~' ,_"..,',.. / " /- ~ ~ _-r.,' .....' . .-/".-"" "- _0" rt../' v--~ _ ._.___:l . -~._,- Secretary ~<)~l, . ..~t~L--~ / Director .-" ,1-,,,- ,,' , .- , .. I jT2:{./W'-C4:;J ::-'-. 2/[.-<..-;/.-----_ .. D~rector ,;/7/ ,/ ",' J / ," _'2L//.!L2-~~-l::.d_.L~LL-e-.L---Z;:1r~-'~~ {~- ~rec~or