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HomeMy WebLinkAbout030 - Appendix V.4 - MDT_Easement_FM143_P643 FORM 40-asr' STATE OF MONTANA 7/91,JH DEPARTMENT OF TRANSPORTATION FILM WPM 643 RIGHT OF WAY BUREAU 2701 Prospect Avenue Helena, Montana 59620 BARGAIN AND SALE DEED Project No. SPS 235 - 1(4) 5 Parcel No. 5 County of Gallatin THIS INDENTURE, made this­�T rr day of Tt if 440- 1994 : IN CONSIDERATION of the sum of one dollar and other valuable considerations lawful money of the United States to in hand paid by the STATE OF MONTANA, the receipt whereof is hereby acknowledged, WITNESSETH THAT, ELLA V. WESTLAKE BOZEMAN, MONTANA. do hereby GRANT, BARGAIN, SELL and CONVEY unto the STATE OF MONTANA for the benefit and use of its DEPARTMENT OF TRANSPORTATION, the following described real property, to-wit : Parcel No. 5 on Montana State Highway Project No. STPS 235-1 (4) 5, North 19th Avenue Interchange-West, as shown on the Right of Way Plan for said project on file in the office of the County Clerk & Recorder in Gallatin County, Montana. Said parcel is also described as a tract of land •-in E'he N1/2NE1/4 and the SE1/4NE1/4 of Section 27, Township 1 South, Range 5 EaE;. , P.M. M. , Gallatin County, Montana, as shown by the shaded area on the plat, consisting of 1 sheet (s) , attached hereto and made a part hereof containing an area of 1 .80 acres, more or less. ALSO, the Grantor (s) hereby convey to the STATE OF MONTANA all rights of ingress and egress over and across the access control lines shown on said attached plat . Provided, however, that there is reserved for the use of the Grantor(s) , their successors or assigns, private road approaches as described below for ingress and egress to, from and between State of Montana, Department of Highways Project No. STPS 235-1 (4) 5, North 19th Avenue Interchange-West and the adjacent property of the Grantor(s) : 1 . Two (2) private road approach(es) on the Right side of said highway project between highway survey stations 15+80 and 35+70. Provided further that the road approach(es) in Items) 1 above may be relocated between the specified highway survey stations by the Grantor(s) or successor(s) in interest after initial construction. Before reconstruction or relocation of any private road approach, the Grantor(s) shall obtain a road approach permit from the Butte District office of the Department of Highways . Information concerning the exact location of private approaches constructed to provide access to said adjacent property of the Grantor (s) will be on file in the district office of the Montana Department of Highways at Butte, Montana. It is expressly intended and agreed that these covenants, burdens, and restrictions shall run with the land and shall forever bind the Grantors) , their heirs, successors and assigns. rILM 143M 644 t RXCRPTIMMAW R01MVINQ, unto the grantors, all gas, all, and minerals (gravel and other road building materials excepted) beneath the surface of the above-described and conveyed premises, together with the right to extract the same, provided that in the exercise of such right the surface thereat shall not be disturbed, interfered with, or in anyway damaged. FURTHER RZCRPTIMQ AND RRSBRVINQ unto the grantors, their successors and assigna all water, water rights, ditches, canals, irrigation systems existing or as relocated, if any, including but not limited to, water stock or shares, bonds, certificates, contracts and any and all other indicie of water, water right and ditch ownership, or any interest [Derain ap1jurtenant to the land described therein, save and except ground water for the use, benefit and purposes of the grantee See Below. TO HAVE AND TO HOLD the above described and conveyed premises, with all the reversions, remainders, tenements, hereditament and appurtenances thereto, unto the STATE OF MONTANA, and to its successors and assigns torever. IN WITNESS WHEREOF the undersigned has executed these premises the day and year first above written. k- STATE OF v ) COUNTY OF 6-1 )s s rp-, On s da of " AD, 19!J—, before me 'Ttr.- �V'C" y Nota y Public i and for the State of ti ��'S�Y► I +i V iris.,, known to me to be the person whose name li subscribed to the within instrument and known to me to be the person whose name IS [ subscribed to the within instrument and acknowledged to me that lid. executed the same . IN WITNESS WHEREOF, I have hereunto s.Atme hand and affixed my Notarial 141 +" eb ,the day and year in this cert" ca first above written. ...•..f a� Ile 410 ;� Notary Public for the State ofNSealResidin t dam- tw% f g a ''�� Z My Commission expires a G i �• 'l3T�NTE OF ) :ss COUNTY OF ) On this day of AD, 19 , before me Notary Public in and for the State of known to me to be the person whose name subscribed to the within instrument and known to me to be the person whose name subscribed to the within instrument and acknowledged to me that executed the same. IN WITNESS WHEREOF, I have hereunto set me hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for the State of Notarial Seal Residing at My Commission expires * Parcel 5 : By accepting this deed and paying Grantor therefor, Grantee covenants and agrees that it and its agents shall follow the specifications and plans provided by Grantee to Grantor ( shown in the plans for Project #00719 N. 19th Avenue Interchange-West , 6-22-92 and 6-2-92 ) including, but not limited to, the satisfactory water flow from the west end of the present section line ditch underneath the improve- ments contemplated by the parties, to be located between Stations 27+00 and 29+00. FILM MWE 645 .............. . . . ........ . . ...... ...... ........ ...................................... ........................... ....... ........ -0 jj`- ' o � f -0 �,V4WX A-dW 0/k IM 314L HOW .2t9Co 14!w 9L'9L+9T -vjs (4v9 wnv amwa Id ........... .... '4t "335 A'000 3po 3HU vvOW ..... ...........—MMAOMM -- .-Z-4 a csffA 5 v qc-qz+cc -vis 'N3 99 33S 0 o _0 -0 1 M X 110 P4 m 0 0 0 © f c- c- rn rri 00 --4 --4 D �' f ' zg c) 0Z > < P I > 1% 0 -U '-J (n — Z 0 M f `�' to Z 0 0 0 A.:k4 r 0 Z A=I ;U 0 > - Igo G-) z C-1 CA :E 0 > > 0 a- * -1-- 284689 ;0 Z IN C 0 > Sats ol Mont., County of lGailatin. se Red jar record APRIL 447" rn z rn ;U V) --i 18TH 19.94 .35 PM.. and in jj,,,k143 z > -WANNOMMMUN~ Of p 0 --1 DEEDS page 64.3. 31M L am Rewrdw o z 0 > (J" z RT: ,,,T-OF-WAY-BUREAU& z > BOX 201001 T-NA- NJ rQfi2D,,jnf)j FEE:—$18.-00