HomeMy WebLinkAbout60- B & E Co. Easement
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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
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proper officers 'thereto duly authorized on this 15th day of
January A. D. 1960.
B. &
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\ S'1'ATE ,-'OF MONTANA)
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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.
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Notary Public for the state of
Residing at Bozeman, Montana
My commission expires ~,~
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1961.
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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
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,/ ~Ti;""~ ~ Pres dent ,
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STATE OF MONTANA)
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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. (
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Notary pu lie for the State of Montana
Residing at Bozeman, Montana
My Commission expires f~ _. _' 1961.
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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