Loading...
HomeMy WebLinkAbout59- Bozeman Deaconess Hospital Easement ., .! 3(JDk 1:.35 FAGt:2S0 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; 11\;'- ':)C'l . ...,:.-' '" t-lOO,k .).J h1(1:J..(" ' I RACr F)N STABILIZ,/J TION Lk';C,';/lS :/';'''-'1/1/ Hp:.1/ite Vie'"w ':')ubdlVi::/oJ ,.. :: it~' ,:f C';; )11171 Of! and (;,J II ';dlli ,;0" /I,fon t. P-j' ..t'...-f ,":,.c: I 1/ r.W' .L '7." ~ 17 7-;' (" Rl'6 F '., .. . '-' -:J .... 4 I ,,~ - , - ..,J , . - -:d ('Jr./; t .7 r:::'l Ii:;' 1v1. ~ ~ -~:~?'~!>;;;~;-:~/- '.;'2:')te~ See 17". , e9i.13 SIJ').S.'30.W I'IEccr' 1 ", IIWcol' SW; -'eel? I - 'f- - Sc.{ S<::c17 lie vV Hyu / /t e V/c,' ,.'1 ;1 .~jf: /ivisi'lr.' i I I I ,,~\. I ,(? II~ I:, /6.7 Av'e3 :~ /' I f~_ J= ! ""''''''~'':'' I '.~ I "''''",." ,., ~,"..I ~~ I ~"'" ') II I " I I / ~.' .- ~;";" .' "i' 0.' /' .I 5(:::7 Ie 1":= ZOD ' .... ~.....~" '''-'~.'.... "'''',,", ..........___ I ').., -,," ~ , 0 - __ "". ~ > C" l..T::///fi '":~~ ~L..'!:"'retT)l7,'-:," ,~ ~:,!. C'()".:cI.Ihl"::;" '::'"n~n'/: <.'<c'Y~,,:";od':, iV~/<', N1:;r, tni"'1 11'..,),.'".,. 63 'f' t5. . ~ . h '.' .... . 1 nr..,_ 'JO') anOK ,.' ).] hlbr (..../1...."" 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~~ "., 'Y;/~./ , '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. ~. \?,.~ ~<~ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires sept. 1, 1961. -, ',.--...,-,., '7<'1 r-,-'.~." ", ",:'t,r~'T) y ~C'i i.)J'",':,,~,", _~,. 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_ \. '~.., 0: C1:ty of Bozeman