HomeMy WebLinkAbout031 - Appendix V.5 - MDT_Easement_FM143_P640 t
FORM 40-BSI STATE OF MONTANA
• 7/91,J14 DEPARTMENT OF TRANSPORTATION FILM 143 ,.; f�
RIGHT OF WAY BUREAU " =
2101 Prospect Avenue
Helena, Montana 59620
BARGAIN AND SALE DEED
Project No.
STPS 235 - 1(4) 5 Parcel No. 4 County of Gallatin
THIS INDENTURE, made this �� day offs , 1994:
IN CONSIDERATION of the sum of one dollar and other valuable
considerations
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lawful money of the United States to / e in hand paid by the STATE
OF MONTANA,
the receipt whereof: is hereby acknowledged, WITNESSETH THAT,
FREDERICK H. PETER AND LUCILLE WESTLAKE PETER
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. 4 on Montana State Highway Project No. STP 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 the
NW1/4NE1/4 of Section 27, Township 1 South, Range 5 East, 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 2 . 01 acres, more or less, including 0.33 acres, which constitute
a part of an existing public highway. Cross Area 2.01 acres; Present
Highway Area 0 .33 acres; Net Area 1.69 acres.
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 9+00 and 15+80 .
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 bid the Grantor(s)
their heirs, successors and assigns.
FIIM 143?PtE 641
RICEPTING AVD RBSKRVIM, unto the grantors, all gas, oil, and minerals (gravel and other road building materials excepted)
i. . snea,11 theMurface of the above-described and conveyed premises, together with the right to extract the same, provided that
e' in the eirettlie of such right the surface thereof shall not be disturbed, interfered with, or in anyway damaged.
PURTHER EXCEPTING AND RESERVING unto the grantors, their successors and assigns 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 indicia of water, water right and ditch ovnership, or any interest therein appurtenant to 40
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 forever.
IN WITNESS WHEREOF t undersigned has executed these premises the day and year first above
writt i
STATE OF
/ :ss
COUNTY OF
On J this ,( ^day of i c t ?Cc AD, 19 before me
No ary Public in and for the State of
(LGc
known to me to be the person-S whose name
subscribed to the within instrument and known to me to be the
persons. whose name s sub crib d to the within
instrument and acknowledged to me tha i.cc:ctC"t executed
the same .
IN WITNESS WHEREOF, I have hereunto set me hand and affixed my Notarial
Seal the day and year in this cer ificate first above written.
pFFICIA^^L_xx SEAL a il ILNotary Public r the State of
OF ILl INOlS Residing at 5 <.;
EXPIRES 8/-- - My Commission expires
STATE 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 4 : By accepting this deed and paying Grantors therefor, Grantee
covenants and agrees that it and its agents shall follow the plans and
specifications provided by Grantee to Grantors ( shown in the plans for
Project #00719 North 19th Avenue Interchange - West, 6-2-92 and 6-22-92 )
including, but not limited to, the relocation of culvert on Parcel 4
between Stations 14+87.60 and 15+87 .60 .
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REARRANGEMENT OF VALLEY CENTER SUBDIVISION
1/4 �'+hDe'�h It .y • i `q.
3 ;• ;; STATE OF MONTANA
"" G 1/4
27 DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
Right of Way Plat
�I PROJECT I.D. SIPS 235-1(4)5 PARCEL N0. 4
PROJECT NO. [00719--004]
f GALLATIN COUNTY, MONTANA
LEGEND
OWNERSHIP BOUNDARY �i EX. ACCESS CONTROL ri"rrr't
TRACT CONVEYED
LIMITED ACCESS CONTROL ---r�r--
SCAt.E: ONE (NCR .. 300_FEEL
7-22-92 SHEET NO 1 OF I