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HomeMy WebLinkAboutWarranty Deed 81- Montana Power Company Deed '1----= II !, " ./"", "". f ',. r 1/ . . IV" I' ' -t If> ~ '."".".- ""."','--'-'--- ,,- '''\,'",l..!lq, ',' I)\:-'"J ~ t I. ( ( C l ~ j.} , "l ' :: .. , ~)\:~l fJ r " Ii ' !r,RRANTY DEED " " !! THI S INDENTURE, Made thi s ..lQ!:h day of Aug.~~~"______~, :, 1981, by and between THE MONTANA POWER COMPANY, a Montana :[ corporation, of 40 East Broadway, Butte, MT 59701, party of I, the First Part, and the CITY OF BOZEMAN, a municipal corpo- I I' ration of the State of Montana, in Gallatin County, party of I ij the Second Part: ! ii !:L.~~ E S S ~__._1'~ , t That the party of the First Part, for and in consider- I I'i ation of the sum of qne Dollar and no/100 ($1.00), lawful !II money of the United States of America, and other good and I I valuable consideration to the party of the First Part in I' hand paid by the party of the Second Part, the receipt i whereof is hereby acknowledged, does by these presents I: grant, bargain, sell, convey, warrant and confirm unto the Ii party of the Second Part and to its successors and assigns I II forever, the hereinafter described real estate situated in I J the County of Gallatin, State of Montana, to-wit: I II ~ A tract of land being a portion of Tract A-I, Cer- ' :: tificate of Survey No. 473A and located in the I il Northwest One-Quarter (NW~) of Section 26, Town- II ship 1 South, Range 5 East, P.M.M., Gallatin Coun- I I ty, Montana; being further described as follows: I I Beginning at the southeast corner of said Tract A-I; thence N. 53012'05" W.., along the South line II of said Tract A-I, a distance of 200.0 feet; I thence N.. 00059'17" E., a distance of 210.06 feet; ~ thence S. 89000'43" E.., a distance of 162..19 feet Ii to a point on the East line of said Tract A-I; i thence S. 00059'17" W., along said East line a J distance of 327.08 feet to the point of beginning. Ii Said tract of land contains 1.00 acre and being I: depicted on Certificate of Survey No. 473B as I Tract A-I-B. i I TOGETHER with all and singular the hereinbefore described I :1 premises together with all tenements, hereditaments and I appurtenances thereto belonging or in anywise appertaining, II and the reversion and reversions, remainder and remainders, I rents, issues and profits thereof; and also all the estate, '1 I' right, title, interest, possession, claim and demand whatso- ~ ever, as well in law as in equity, of the party of the First II Part, of, in or to the premises, and every part and parcel thereof, with the appurtenances thereto belonging. TO HAVE I I AND TO HOLD, all and singular, the above mentioned and ~ 'I described premises unto the party of the Second Part, and ~ its successors and assigns forever. 'II And the party of the First Part, and its successors and 'I assigns, does hereby covenant that it will forever warrant " and defend all right, ti tIe, and interest in and to the ,! premlses and the quiet and peaceable possession thereof 'I " I unto the party of the Second Part, its successors and I assigns, against the acts and deeds of the party of the First Part, and all and every person and persons whomsoever, I lawfully claiming or to claim the same. RECEIPT /_' ._,_~~. , ACKNOWL,EDGED M!CROFJUE"i,;- " ','. DATE ' TAX UEPi. ROlL-Z~71"V . ACeh,. LLI.: I J- i1~ICE,(ivjuJ i , , " ", I r ,-,- 0' = R:IA--..-.;r:-a"Cl, "',1.11 <,.- -{)/#J /,., .,,~! ~~, '_~_______," ,______,_~___ ,,__ l~"~~.~~~. - -,. ,;;~o;::r~X"iP-'=-"L i!i~"Ar. ".;~-~,.------~ ~fR\O", fOlV - U ~\~LF' W ~. F -i7/tJ/j - fO-fj-{ .- . FilM 89 PAGE 069 P ART I AL RELEASE BY - -. MORGAN GUARANTY TRUST COMPANY OF NEW YORK AS CORPORATE TRUSTEE TO THE MONTANA POWER COMPANY FROM LIEN OF MORTGAGE AND DEED OF TRUST DATED OCT. 1, 1945 AS SUPPLEMENTED KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, The Montana Power Company (hereinafter called the Company) , a corporation of the State of Montana, successor to the corporation which executed and delivered as of October I, 1945, to Guaranty Trust Company of New York (now Morgan Guaranty Trust Com- pany of New York) and Arthur E. Burke, (R. Amundsen, successor), as Trustees, a certain Mortgage and Deed of Trust, as supplemented (hereinafter called the Mortgage), and the property hereinafter_~ ....- described heretofore owned by the Company is subject to the lien of the Mortgage; and WHEREAS, it has been represented to Morgan Guaranty Trust Com- pany of New York, Corporate Trustee under the Mortgage, that the Company is not in default in the payment of the interest on any bonds now outstanding under the Mortgage and that none of the Defaults defined in Section 65 of the Mortgage has occurred and is continuing; and WHEREAS, an application of the Company for the release of the hereinafter described property from the lienef the Mortgage pur- suant to the provisions of Section 59 thereof 'has been made, and said Morgan Guaranty Trust Company of New York, as Corporate Trustee under the Mortgage, is in receipt of the Certificates and Opinion of Counsel, all as required by the provisions of said Section 59. NOW, THEREFORE, Morgan Guaranty Trust Company of New York, in consideration of the premises, and pursuant to the authority vested in it as Corporate Trustee under the Mortgage, does hereby release, remise and quitclaim unto the Company all the right, title and interest of such Trustees in and to the property situate in the County of Gallatin , State of Montana, described as follows: CC~[F)Y " . _'" J " i /" . . . filM 89p!GE 070 GALLATIN COUNTY Tra::::t B of the "Amended Plat" of a tract of land located in the SE~ of Section 6, Township 2 South, Range 6 East, P.M.M. , and being a portion of the Northern Pacific Addition to the City of Bozeman; consisting of Lots 1 through 8 and 25 through 32, and including the vacated alley between said lots, all in Block 109; also a portion of Lots 1 through 6 and all of Lots 7 through 10 in Block 108; also, that por- tion of Aspen Street vacated between said Lots 15 through 32, Block 109 and Lots 1 through 8, Block 108. Said Tract B contains in all 2.136 acres. (B-00209-65) GALLATIN COUNTY A tract of land being a portion of Tract A-I, Certificate of Survey No. 473A and located in the NW~ of Section 26, Town- - ship 1 South, Range 5 East, P .M.M. , Gallatin County, Monta- na; being further described as follows: Beginning at the southeast corner of said Tract A-1; thence, N.S3012'OS"W., along the South line of said Tract A-1, a distance of 200.00 feet; thence, N.00oS9'17"E., a distance of 210.06 feet; thence, S.89000'43"E., a distance of 162.19 feet to a point on the East line of said Tract A-1; thence 5.00059' 17"W., along said East 1 ine a distance of 327.08 feet to the point of beginning, and being Tract A-l-B of C of 5 No. 473B. \ Said tract of land contains 1. 00 acre. (E-01013-80-81) -2- . FILM 89 P~GE 071 TO HAVE AND TO HOLD the property hereby released and remised to the Company, its successors and assigns, to its and their own proper use, benefit and behoof forever, free, clear and discharged of and from any and all liens and claims under and by virtue of the Mortgage. PROVIDED, HOWEVER, that nothing herein contained shall be construed to affect the residue of the security held by Morgan Guaranty Trust Company of New York, and R. Amundsen, Trustees, as aforesaid, by virtue of the mortgage, or to release the payment of any part of the moneys, principal and interest, thereby secured and that may now remain unpaid. The recitals herein contained are made on representation of the Company and the Corporate Trustee assumes no responsibility in respect thereof. IN WITNESS WHEREOF, Morgan Guaranty Trust Company of New York has caused its: corporate name to be hereunto affixed, and this in- strument to be signed and sealed by one of its Trust Officers and its corporate seal to be attested by one of its Assistan Secretaries, in the City of New York, New York, on this ~ day of , ~. Iq(5 MORGAN GUARANTY TRUST COMPANY OF NEW YORK, a Corporate Trustee By ATT~ /,.7" t/:;ttZL Ass'istant Secretary (SEAL) 1 ' . : ;,~ ~ ~,i.:; ~ i . CUA"'4",' f \ \ 'I ' II ::" . ........,. 1'). ::...... C~ .,...... '.', ~ ~ . - ;" \ ~ ,~f:: ~: ;".~, -3- ~ " . . . FilM 89 P~GE 072 STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) . '5 J 1'ttS On this ~ day of ~, ~ , before me, the undersigned, a Notary Public for the State of New York, personally carne and appeared ~ ';J r.T'/1W'1;f , known to me to be a Trust Offlcer of organ Guaranty Trust Company of New York, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same, and being by me duly sworn, did'depose and say that he resides at 22 WAYNE STREED MONTVALE, NEW JERSEY 07645 ; that he is a Trust Officer of Morgan Guaranty Trust Company of New York, the corporation described in and which executed the within and above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of . Directors of said corporation, and that he signed his name thereto by like order.. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and ear in th's certificate first above written. Notary Pu lie New York (NOTARIAL SEAL) Residing at - My Commission expires ," \'\\1111/111/ ,-,,',\ \ '* ('I U '_'/, '\\ CO '\) , 4'" .., .'" 1". . \, .".11..... ~i. SUE SCAlCIONE .~.. ~ wS",t. ~ "1II_C1 dl"~ .~.. .",- ",:'. -"It: O"'~ Notary Public, State of New VorlC r.-;.." ....-: ~~; -. v'''~ ~OE)(ED ~ No. 31.4649545 : : \ ~ 1 r~:. Qualified In New York count~ ,: ;; ..::-~>:~<} Comml.sion Expires March JO, 198 , 143704 'oP,'" ,; . ~ j' ~~::~~:~~\,~,,,, State of Montana ~ County of Gallatin 55.. Filed August 21st ,19 85 at 11:15 A M., and Recorded in book 89 of RELEASES, ~ 69 ~- , .' . By o Co",,, C~'k & Roco_ <-4t'~ C7. 7??~ Deputy Fee $ 20.QOpd Rt: Montana Power Co.. 40 E. Broadway Butte. Mt. 59701 -4- SEP 2 6 1985 - ;,& (j[}[j!J.I [COENERAi. ome';',,, EAST BROAOWA Y, B<nTE, MONTANA "'''' . TELEPHONE "'''! ",."" September 25, 1985 Mr. Jim Wysocki Ci ty l1anager - city of Bozeman City Hall P. O. Box 640 Bozeman, MT 59715 Dear Mr. Wysocki: In reference to a Warranty Deed dated August 20, 1981, concerning property purchased by the City of Bozeman from The Montana Power Company, enclosed is the Mortgage Release (COpy) for your files. If you have any questions, please don't hesitate to call. Very tr~~urs, o&'~ 'V" Gay ns Admin1strative Assistant Real Estate Department gj Encl.