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HomeMy WebLinkAbout60- B & E Co. Easement ~ ~.. l'3J"'- '"'88 .. J .:'If':'" HooX ", F'I-hlf '-' \, \ , .. EA.e~ME.!:r THIS INDENTURE, Made the 15th day of January A. D. 1960, Between B. & E. CO.. Inc., a Montana corporation having its principal place of business at Bozeman, Gallatin County, Montana, pa~ty of the first part, and the CITY OF BOZEMAN, a municipal corpo~ation of the State of Montana, in Gallatin County, party of the second part; WITNESSETH: That the said party of the first part, for and in consideration of the sum of one Dollar and other valuable con- sideration ($1.00 ovc), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey, unto the said party of the second part, and to its successors and assigns, perpetual ease- ments and rights-of-way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing sanitary sewers across and over the following described real property situate in the City of Bozeman, County of Gallatin, State of Montana, to-wit: Part of Lots Eleven (11) and Twelve (12) of Block Ten (10), New Byalite View Subdivision of the City of Bozeman and Gallatin County, Montana; which easement is sixteen feet (16t) in width and more particularly described as eight feet (Sf) on each side of the common line of said Lots 11 and 12; Part of Lots One (1), 'l'wo (2), Three (3) and Four (4) of Block Fifteen (15), New Byalite View Subdivision, of the city of Bozeman and Gallatin County, Montana; which easement is twenty feet (20t) in width and more particular- ly described as the ten feet (lOt) on each side of the common line between said Lot 1 and said Lots 2, 3, and 4. (The consideration for this conveyance is less than $100.00 and as such requires no revenue stamps) The perpetual right of ingress and egress to and from the above described tracts of land at all reasonable times for the purposes of installing, operating, using, repairing, replacing and maintaining said sanitary sewers and the appurtenances there- to; TO HAVE AND TO HOLD the above described easements with all the appurtenances and privileges unto the said party of the second part, and to its successors and assigns, so long as the easements hereinbefore described are used as easements for sanitary sewers, provided, that if at any time the use of any or all of said sanitary sewers are discontiDued by the party of the second part, the easements herein granted shall terminate as to the sanitary sewer the use of which is discontinued. IN WITNESS WHEREOF, the Corporation has caused its corporate nam. to be subscribed and its corporate seal to be affixed by the ... li"J~ 2819 tiGliK "_. J PAGF....~ .. .. . proper officers 'thereto duly authorized on this 15th day of January A. D. 1960. B. & By' J l\'l'TISTa .... r',~-.:.::~~ V ._-~) . :;:. ;"'!., ..;., ,? ., -. \f: ',<~' "secretary ", ' " " ~-...--J.'" ........ ... \ J " ,-~:.'~<' / c; .:J" "' .- ,. ~ ' . . ~ l~). ~. \ S'1'ATE ,-'OF MONTANA) '.".- ) ss. countY,-Of Gallatin) On this 15th day of January A. D. 1960, before me, the undersigned, a Notary Public for the State of Montana, personally appeared S. J. KAISLER. JR., known to me to be the Vice president of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this Certificate first above written. .": ". ( '--------- , \ ,', ) /\ ---." ,) /'11 I I' ',) 0 -- .., " 1'\ l~ Notary Public for the state of Residing at Bozeman, Montana My commission expires ~,~ D4M.I5) - ...<")". :, :: . .' /......, (~) .. ".-.--. :.. ',,1'\, i~; ,.' ,.., ',,~ " \.)./ :~. /' , ", .. ....... .... 1961. . 800K 1:15 PAGf290 .. .. ~ CONSENT TO EASEMENTS The qndersigned Corporation, Bozeman Deaconess Hospital, actingby'i1and through its president and secretary, does hereby certify and deolare that it is the owner and holder of a certain real estate mortgage recorded in Book 78 of Mortgages at page 77 of the records of Gallatin County, Montana, which said mortgage includes Lots 1, 2, 3 and 4 in Block 15, New Byalite View subdivision, and that it hereby consents to B. & E. Co., Inc. granting such easements over such of the lots as are covered by said real estate mortgage. , BOZEMAN Dl!;ACONESS H9S,PITAL '",,' " _ t/! f. i > -1) /!), /; . ' "'~)<, " '1 " .,' '- By' ceJ;.c; '7 fJ? ~~ j:~~...e-*---( '-, ,/ ~Ti;""~ ~ Pres dent , ("'~""" ~ '" ," ' ,'. ~ I '!l "". ,I' <- - "'" - . , , " , " secretary STATE OF MONTANA) ) ss. County of Gallatin) On this 15th day of January A. D. 1960, before me, the undersigned, a Notary Public for the State of Montana, personally appeared WALTBR L. MECKLENBURG, known to me to be the President of the corporation that executed the foregoing con.ent, and acknowledged to me that such corporaticm executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. ( .... ~ ~,=,' '. / ..AJ"" "," w.' l'....i( , '7 ! ' 1. A > , d---.~.. . - L..i. ..... j c,' Notary pu lie for the State of Montana Residing at Bozeman, Montana My Commission expires f~ _. _' 1961. AJE'-<--. 15 " 'I' 'j'LI . ': l~ J! I... ,. \ <.;t~~+'''I~;::'<. \..... . ~... , . '. '. ~i\' ,~~Ill~!(: ".. ,.., State of Mont., County of Gallatin. 58. Filed for rer:ord_ September '30, , 1980 at ?! 25 P -M.. an{ll'ltQorded in Bool~_ ..lJ5 ,r:: ~'_' nF.F.n~ pal. . ?ss EARL WALTOII Rocorder. By ...dZJ -- - J. //(~ D.pu~ City of Bozeman