HomeMy WebLinkAbout59- Intermountain Homes Inc. Easement
. .
~ "
"
" " .
-. .
.
BOOK 133 PAGE 1
EASEMENT
THIS INDENTURE, Made the I/f~~ay of December A~ D. 1959,
.
BETWEEN INTERMOUNTAIN HOMES, INC. , a wyoming corporation having
its principal place of business at Cody, wyoming, party of the
first part, and the CITY OF BOZEMAN, a municipal corporation 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 easements and
rights-of-way for the purposes of installing, operating, using,
repairing, replacing, maintaining and removing sanitary sewer~
across and over the following described real property, to-wit:
Part of Lots Two (2) and Three ( 3) of BloCk
Thirteen (13), New Hyalite View Subdivision
of the city of Bozeman and Gallatin County,
Montana: which easement is sixteen (16) feet
in width and more particularly described as
the eight (8) feet on each side of the common
line of said Lots Two (2) and Three (3):
Part of Lots Two (2) and Three ( 3) of Block
Twelve (12), New Hyalite View Subdivision of
- the City of Bozeman and Gal~atin County,
Montana: which easement is sixteen feet ( 16 t )
in width and more particularly described as
the eight (8) feet on each side of the common
line of said Lots Two (2) and Three (3)~
(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 thereto;
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 herein-
before described are used as easements for sanitary sewers, provided,
that if at any time the use of the sanitary sewers are discontinued
by the party of the second part, the e~~ementsnerein granted shall
terminate',aB-~those whlch'are- discontinued.
>
IN WITNESS WHEREOF, the Corporation has caused its corporate
name to be subscribed and its corporate seal to be~xed by the
proper officers thereto duly authorized on this f day of December
A. D. 1959.
.,:.,\ , \ , '- \ \ ,
.' 1"1 ~ '
.'.' .~, ~ . 1"ll t,~.. ~ \;:
.... . ," "~. a" · ... .. . 't:;' , C.
- .,'~"<r ~'... ~~, ',~t~tj~~..tl (;~ .:.--f.A/AA _
~.. ~:"::,;' I> ...-
-. .
1P'l:.... III
: ,.;: : president
"....... . .l
t r"' ~ .
. ,. ~ . ,
,Ii \;.., ... '.
\ ~'~~I .,
, ':.-- :......., " secretary
~t";J ~ :",
" ~ 1. ~, ~ - -
.
. .. .
.
., " .
\, .
afID~ 1:]3 PAGE 2 -
-.
..
STATE OF WYOMING)
) ss.
County of Park )
On this ~day of December A. D. 1959, before me, the
undersigned, a N tary Public for the State of wyoming, personally
appeared LEO J. KENNEY, known to me to be the 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.
~ Q~ tJA
; / ' ..L>-rJ , .' /. (/t:t..-YJ ~,eR r
, , Notary Pu~lic for the state of ming
':,;.. _ ~ - J ,
~.', . " \ I" ., " ", ..;- Residing at Cody, wyoming.
;:; :) " ,..... My Commission expires / ~ 9;;;J-.
'.
,,'."" ") \ \.: .
" ,,1 LJ c....... ."
:\ ,..:\ ~'." ..t.... ," CONSENT TO EASEMENTS
'j/ ( ,
, ""
The undersigned Corporation, EMPIRE SAVINGS AND LOAN ASSOCIATION,
acting by and through its president and Secretary, does hereby certify
and declare that it is the owner and holder of a certain real estate
mortgage covering Lots 2 and 3 of Block 13, New Hyalite View Subdivision,
recorded in Book 78 of Mortgages at page 318, records of Gallatin
County, Montana, and of a certain real estate mortgage covering Lots
.' - ~ ,and 3 of Block 12, New Hyalite View Subdivision, recorded in Book
. '78, pf Mortgages at page 316, records of Gallatin County, Montana,
:';:.i'Ca~p"that it hereby consents to Intermountain Homes, Inc. granting
"\"';_'--/I",~\lCh.>~asements,over such of the lots as are c6vered --by 'sa1ci~r'---
r ., ,estat.e mortgages.
_.I'~ ,> ,.. ','.,
.. '
/ BY
STATE OF MONTANA)
) ss.
County of Gallatin)
On this I 'JT'N. day of December A. D. 1959, before me, the under-
signed, a Notary Public for the State of Montana, 'personally appeared
R. C. WETHERELL, known to me to be the Vice president of the corporation
that executed the foregoing Consent, and acknowledged to me that such
corporation executed the same. - --
un _
.----.-......--...---..,. ~,.~'._- -.-.--- _.~--- --
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
. No:t:'21r,i~l Seal the day and year in this certificate first above
'~.!i.,t.1t~n>,
,:/",.~ \ "I ""-," ~ ~-4
'.." \1'1', " .\' ~..........
'\<f ...'t.. ~, ~-
, : '~- -; ~..- ~'.' ;,':, Notary Public for the State of Montana
:: .'. ;.1 . ,'.. r ( · ," Residing at Bozeman, Montana.
'; (..,>', --:' My Commission expires sept. 1, 1961.
J' _". '.
, ' .,
",,',,' .'SS....t ~
'",.' ..., , ,. ~~~
!5tate of Mont., County of GallatIn. 88. Flied for record December 30. , 1959
at. 12:35 P ~., and recorded In Book 133 of DEEDS page 1
-, F.A Hr. lBLTON r:aecorder. By. ~ .J; "')ryZ-...,......-'-r.J r Deputy
-