HomeMy WebLinkAbout59- Bozeman Deaconess Hospital Easement
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EASEMENT
THIS INDENTURE, Made the I Z-rH. day of December A. D. 1959,
BETWEEN BOZEMAN DEACONESS HOSPITAL, a Montana corporation having
its principal place of business at Bozeman, Gallatin County,
Montana, party of the first p~rt, 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($l.OO 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, a perpetual easement and
right-of-way for the purpose of installing, operating, using, re-
pairing, replacing, maintaining and removing sewage stablization
lagoons on the following described real property, to-wit:
A tract of land situated in Gallatin County,
Montana, being a part of the Southeast Quarter
(SE~) and Southwest Quarter (SW~) of Section
Seventeen (17), Township Two (2) south, Range
Six (6) East, M.P.M., more particularly de-
scribed as follows:
Beginning at the Northeast corner of
the Southwest Quarter (Swl:i) of said
Section Seventeen (17), Township Two
(2) South, Range Six (6) East, M.P.M.,
said point being the northeasterly
corner of the New Hyalite View Sub-
division of the City of Bozeman and
Gallatin County, Montana; thence south
200061 West on the easterly boundary
line of said New Hyalite View sub-
division, a distance of 885.77 feet;
thence North 820021 East a distance of
300.13 feet; thence South 680591 East
a distance of 599.45 feet; thence South
830581 East a distance of 196.73 feet;
thence North 230531 East a distance of
199.25 feet; thence North 280431 West a
distance of 851.20 feet; thence North
520541 West a distance of 161.20 feet
to a point on the North line of the
Southeast Quarter (SE~) of said Section
Seventeen (17), located 291.13 feet East
of the point of beginning; thence South
89058'30" West a distance of 291.13 feet
to the point of beginning, said tract
of land containing 16.7 acres more or
less;
as the said real property is more specifically delineated on the
Map thereof attached hereto and by this reference made a part hereof.
(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 real property at all reasonable times for the purpose of
installing, operating, using, repairing, replacing and maintaining
said sewage stablization lagoons and the appurtenances thereto;
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TO HAVE AND TO HOLD the above described easement with all the
appurtenances and privileges unto the said party of the second part,
and to its successors and assigns, so long as the easement is used
as an easement for sewage stablization lagoons, provided, that if
at any time the use of any or all of said real property is dis-
continued by the party of the second part, the easement herein
granted shall terminate as to the portion of the real property the
use of which is discontinued, and further provided that said
sewage stablization lagoons shall be used first to service the
property in the New Hyalite View Subdivision, second to service any
other lands owned by the party of the first part herein named, and
third to service any other lands upon such terms and conditions as
may be imposed by the party of the first part and the party of the
second part.
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 IZTH day of December
A. D. 1959.
AT~~
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, 'ecretary
STATE OF MONTANA)
) ss.
County of Gallatin)
On this Iz~~ 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 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 Montana
Residing at Bozeman, Montana
My Commission expires sept. 1, 1961.
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i FLATTE,D . ,I
'state of Mont., County of Gnlhti-n. 55. Filed for record September 30 .1960
at ? ~ 20 -P. fit. ;,,'::; f:;:::or~:ed in Gook____J.32___of______D..e...e.WL..___page_- 280'
EARL WALTO.fL.-_~_"._P~co:~cr. EW-- 4k J. "/);~ r ~U_
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C1:ty of Bozeman