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HomeMy WebLinkAbout59- B & E Co. Inc. Easement . . . . . 0 . 1".~ 0)r\i3 800K .JJ PAGff_C).. EASEMENT THIS INDENTURE, Made the 12th day of December A. D. 1959, BETWEEN B. & E. CO., INC., a Montana corporation having its princi- pal place of business at Bozeman, Gallatin county, Montana, 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 water pipe lines, storm sewers and sanitary sewers across and over the following described real property for the specific purposes set forth in the following legal descriptions: An easement for a water main across part of Lots Thirteen (13) and Fourteen (14) of Block Three (3), New Hyalite View Subdivision of the City of Bozeman and Gallatin County, Montana: which ease- ment is sixteen feet (161) in width and more particularly described as the eight feet (81) on each side of the common line of said Lots Thirteen (13) and Fourteen (14): An easement for a sanitary sewer across part of Lots Five (5) and Six (6) of Block Six (6), New Hyalite View Subdivision of the City of Bozeman and Gallatin County, Montana: which easement is sixteen feet (161) in width and more particularly described as the eight feet (81) on each side of the common line of said Lots Five (5) and Six (6): An easement for a sanitary sewer across part of Lots Eleven (11) and Twelve (12) of Block Seven (7), New l~alite View Subdivision of the City of Bozeman anQ Gallatin County, Montana: which ease- ment is sixteen feet (161) in width and more particularly described as the eight feet (81) on each side of the common line of said Lots Eleven (11) and Twelve (12): An easement for a water main across part of Lots Thirteen (13) and Fourteen (14) of Block Eight (8), New Hyalite View Subdivision of the City of Bozeman and Gallatin County, Montana: which ease- ment is sixteen feet (161) in width and more particularly described as the eight (8) feet on each side of the common line of said Lots Thirteen (13) and Fourteen (14): An easement for a storm sewer across part of Lots Fourteen (14) and Fifteen (15) of Block Eight (8), New Hyalite View Subdivision of the City of Bozeman and Gallatin County, Montana: which ease- ment is sixteen feet (161) in width and more particularly described as the eight feet (8t) on each side of the common line of said Lots Fourteen (14) and Fifteen (15): . I t . I ]" ~,- "8 ~ ~nDK ',.j;] ~q!.JfCi, I An easement for a sanitary sewer across part of Lots Nine (9) and Ten (10) of Block Ten ( 10) , New Hyalite View Subdivision of the City of Bozeman and Gallatin County, Montana; which easement is sixteen ( 16) feet in width being eight feet (8 t) on each side of a center line more particularly described as follows: Beginning at the Southwest corner of Lot Nine (9) of said Block Ten (10), being common with the Northwest corner of Lot Ten (10) of said Block Ten (10) ; thence East on the common line of said Lot Nine (9) and Ten (10) , a distance of fifty feet ( 50 , ) ; thence northeasterly on a line at an angle of 510 to the left a distance of 76.76 feet more or less to a point on the northeasterly line of said Lot Nine (9) , said point being located 67.24 feet more or less northwesterly of the southeast corner of said Lot Nine (9) as measured on the curve of said northeasterly line, said point being the point of terminus. An easement for a water main across part of Lots Twelve ( 12) and Thirteen (13) of Block Eleven (11) , New Hyalite View Subdivision of the City of Bozeman and Gallatin county, Montana: which easement is sixteen feet (16' ) in width and more particularly described as the eight feet ( 81) on each side of the common line of said Lots Twelve ( 12) and Thir- teen (13) : An easement for a water main across part of Lots Fifteen ( 15) and Sixteen ( 16) of Block Twelve (12) , New Hyalite View Subdivision of the city of Bozeman and Gallatin county, Montana: which easement is sixteen feet (16' ) in width and more particularly described as the eight feet (8' ) on each side of the common line of said Lots Fifteen ( 15) and six- teen (16) : An easement for a water main across part of Lots Twenty-one ( 21) and Twenty-two ( 22) of Block Twelve (12) , New Hyalite View Subdivision of the City of Bozeman and Gallatin County, Montana: which easement is sixteen feet (16' ) in width and more particularly described as the eight feet (8' ) on each side of the common line of said Lots Twenty-one (21) and Twenty- two (22) : An easement for a sanitary sewer across part of Lots Eight ( 8) to Fifteen (15), inclusive, of Block Fifteen (15) , New Hyalite View Subdivision of the City of Bozeman and Gallatin County, Montana: which easement is sixteen feet (16' ) in width, being eight feet (8') on each side of a center line more particularly described as follows: Beginning at a point on the Southwesterly line of Lot Eight ( 8) of said Block Fifteen (15 ) produced Northwesterly, and located Ten Feet (10' ) Northwesterly of the most -2- . . tJ~'),'" ,~,~~.~ fmlJii L};j Pfl[]Et~N;J Westerly corner of said Lot Eight ( 8) on said produced line; thence Northeasterly to a point on the Northwesterly line of Lot Eleven ( 11) of said Block Fifteen (15) , located fifty feet (501) Northeasterly of the most Westerly corner of said Lot Eleven (11) ; thence Easterly to a point on the center line produced Northeasterly of Cherry Drive, and located fifteen feet ( 151) North- easterly of the Northeasterly line of Lot Thirteen (13) of said Block Fifteen (15), as measured on said center line produced; thence Southwesterly to a point on a line located thirty-five feet (351) Northeasterly of as measured at right angles to and parallel with the Southwesterly line of Lot Fifteen ( 15) at said Block Fifteen (15) , said point located ten feet ( 10 , ) Southeasterly of the South- easterly line of said Lot Fifteen (15), as measured on said parallel line; An easement for water main across part of Lots Twelve ( 12) and Thirteen ( 13) of Block Fifteen (15), New Hyalite View Subdivision of the City of Bozeman, and Gallatin County, Montana; which easement is six- teen feet ( 16 1 ) in width and more particularly de- scribed as the eight feet ( 81) on each side of the common line of said Lots Twelve ( 12) and Thirteen (13); An easement for a storm sewer across part of Lots Thirteen ( 13) and Fourteen (14) of Block Fifteen (15) , New Hyalite View Subdivision of the city of Bozeman and Gallatin County, Montana. which easement is sixteen feet ( 161) in width and more particularly described as the eight feet ( 81) on each side of the common line of said Lots Thirteen (13) and Fourteen (14) ; An easement for a storm sewer across part of Lots Twelve ( 12) and Thirteen (13) of Block Sixteen (16) , New Hyalite View Subdivision of the city of Bozeman and Gallatin County, Montana; which easement is sixteen feet (161 ) in width and more particularly described as the eight feet (8' ) on each side of the common line of said Lots Twelve ( 12) and Thirteen (13) ; An easement for a water main across part of Lot Fifteen ( 15) of Block sixteen ( 16) , New Hyalite View Subdivision of the City of Bozeman and Gallatin County, Montana; which easement is more particularly described as the Southwesterly eight feet ( 81) contiguous to the South- westerly line of said Lot Fifteen (15) ; An easement for a water main across part of Lot Sixteen ( 16) of Block Sixteen (16), New Hyalite View Subdivision of the City of Bozeman and Gallatin County, Montana,more particularly described as the Northeasterly eight feet (tll) contiguous to the Northeasterly line of said Lot Sixteen (16) ; An easement for a sanitary sewer across part of Lots Seven ( 7) to Fifteen (15), inclusive, of Block Sixteen (16) , New Hyalite View subdivision of the City of Bozeman and Gallatin County, Montana; which easement is sixteen feet ( 161) in width, being eight feet (81) on each side of a center line more particularly described -3- , \ l'T'" ijnn ~GO~> , ~) i\~n;: L()O as follows: Beginning at a point on the Southwesterly line of Lot Six ( 6) of said Block Sixteen (16), produced Northwesterly, and located ten feet ( 10 l ) Northwesterly of the North- westerly corner of said Lot six ( 6) as measured on said produced line; thence North- easterly to the Northeasterly corner of Lot Ten (10) of said Block Sixteen (16) ; thence Easterly to a point on the Northwesterly line of Lot Thirteen ( 13) of said Block Sixteen (16), produced Northeasterly, and located ten feet ( 10 l ) Northeasterly of the most Northerly corner of said Lot Thirteen (13), measured on said produced line; thence Southeasterly to a point on the South line of said Lot Thirteen (13) , produced Easterly and located ten feet (10 I) Easterly of the Southeasterly corner of said Lot Thirteen (13) , as measured on said produced line; thence Southwesterly to a point on the Southwesterly line of Lot Fifteen ( 15) of said Block Sixteen (16), pro- duced Southeasterly and located twenty feet ( 20 l ) Southeasterly of the Southwesterly corner of said Lot Fifteen (15) , as measured on said produced line. (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 water pipe lines, storm sewers and 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 hereinbefore described are used as easements for water mains, storm sewers and sanitary sewers, provided, that if at any time the use of any or all of said water pipe lines, storm sewers and sanitary sewers are discontinued by the party of the second part, the easements herein granted shall terminate as to the water pipe lines, storm sewers and sanitary sewers the use of which are discontinued. IN WITNESS WHEREOF, the Corporation has caused its corporate name to be subscribed and its corporate seal to be affixed by the proper officers thereto duly authorized on this 12th day of December A. D. 1959. B. .& Et;ji/~C'-j . l / l ,.;;, AT~E~T. ~ By.:;;>-'" '"', J,lLi 1__ ....j / ',-::7'-: ,:'/;/ ,.' // >/ Vice presijYent :, .". ','. . ,/j. ,I. /~:-/7)':f/ 4 ~~ Secretary . . ,r-J {"'.,~ "......" ;,',.:" c:', ,.< .' r'.\ .,. , . ,;,'f. , j . ~ . , , f , , , . 14r~ \""\7 BOOK .' J ""u-;o, '. tfi r ~....\"., STATE OF MONTANA) ) 5S. County of Gallatin) On this 12th day of December A. D. 1959, 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. , . .' ,/ ~~ R. ...4-... -4 , " Notary Public for the State of Montana ~ . - Residing at Bozeman, Montana .., "." . '" My Commission expires sept. 1, 1961. ~ ,....., . CONSENT TO EASEMENTS The undersigned corporation, Bozeman Deaconess Hospital, 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 recorded in Book 78 of Mortgages at page 77 of the records of Gallatin County, Montana, which said mortgage includes a portion of the lots hereinbefore described, 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 DEACONESS HOSPITAL ATTESi': B01~~HP~~4~ ----~. ,'/~~ Presi ent ~ "':~>""'" ~ secretary..., STATE ,OF MONTANA) ) ss. County of Gallatin) On this J"L.,H. day of December A. D. 1959, before me, the undersigned, a Notary Public for the state of Montana, personally appeared WALTER L. MECKLENBURG, known to me to be the president of the corporation that executed the foregoing Consent, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed 1l)Y Notarial Seal the day and year in this Certificate first above written. ~fr {2 i: 6.~- A....... ~ ,I', I Notary Public for the State of Montana \ Residing at Bozeman, Montana. \,,1 , , My CommisSion expires Sept. 1, 1961. " ' _ \:~ i ......... \ '" ," " --'r ._.".,~"., ,,'~~ ....'-"\07!!1=.. ',' < ~,,;: ....,~ '""'":' ".I ~:";-, , ~~'- ':.' ~~::,'~ ~"'\ , , .(~ \,.:'~I:~::<':\::' , September:_.}q.~__....., 1950 , .- "~,. !;,"I'" ~~("~ r~~,~,~:"'~ 'f,,":,:/ 'Il"f:cs,;',d ,.--- IiEED-S-.. page 283 ' f 1\''1 'f Cnl'nbr cf 'q,". ,.J '. L.. d..', .. .. . 135 State' o2.;(~~":.' 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