HomeMy WebLinkAbout013 - EXHIBIT F - LEGAL DESCRIPTION AND METES & BOUNDS GRANT DEED FILM 12VAU4443
THIS INDENTURE, made and entered into this 'd /ay of
June, 1992, by and between SHIRLEY R. SYMMONDS, Grantor, and
IDAHO POLE COMPANY;*Grantee,
** PO Box 1496, Tacoma, WA 98401
W i T N E S S E T H
That the Grantor, for and in consideration of the sum of
Ten ($10.00) Dollars, lawful money of the United States of
America, to her in hand paid by the Grantee, and for other good
and valuable consideration, the receipt and adequacy whereof is
hereby acknowledged, has granted and conveyed and by these pres-
ents does grant and convey unto the said Grantee, and to its
i
successors and assigns forever, the real property, located in
v Gallatin County, State of Montana, and more particularly de-
scribed in Exhibit "1" attached hereto and incorporated herein
by this reference.
TO HAVE AND TO HOLD, all and singular, the said property,
together with the water rights appurtenant thereto and
Improvements thereon, unto the said Grantee, and to its
successors and assigns forever, free and clear of all liens,
encumbrances and title defects, except the following:
(a) Reservations and exceptions in patents from the United
States or the State of Montana;
(b) Existing easements and rights-of-way;
(c) All building, use, zoning, sanitary and environmental
restrictions;
1. GRANT DEED
NN 124FACA444
(d) Taxes and assessments for 1992 and subsequent years;
and
(e) Mineral and royalty reservations or conveyances of
record.
Releasor expressly warrants that she has no knowledge whatsoever
of the existence of any restrictive covenants or easements appli-
cable to the subject property other than those appearing and
filed of record. Releasor further expressly warrants that she
has not granted, given, sold or transferred any restrictive
covenants or easements applicable to the subject property other
than those appearing and filed of record. Releasor further war-
rants that the phrase "Subject to existing restrictive covenants
and easements" contained in the Warranty Deed between T.W.
Symmonds, Jr. and Shirley R. Symmonds, Grantors, and Shirley R.
Symmonds, Grantee, dated May 22, 1975, and recorded May 28,
1975, in Film 28, page 1442 was intended to encompass and in-
clude only existing restrictive covenants and easements filed of
record.
IN WITNESS WHEREOF, the said Grantor has hereunto sub-
scribed her name the day and year in this instrument first above
written.
�,Z otm�
h rley Y Symmonds
2. GRANT DEED
STATE OF MONTANA )
County of Gallatin VVAU4445
On this day of June, 1992, before me, a Notary Public
for the State of Montana, personally appeared Shirley R. Sym--
monds, known to me personally to be the person whose name is
subscribed to the within instrument, and acknowledged to me that
she executed the same.
IN WITNESS WHEREOF, I have hereunto subscribed my hand and
affixed my notarial seal the day and year in this certificate
first above written.
,��l1tIt111pl1�I fyl
Notary Publicjpr the State of Montana
ter. _ �, Residing at mph , Montana
:+ My Commission Expires:
.�,11j111f II R IINN`I' ',
0220522A
3. GRANT DERO
"EMBIT 1" FILM 124PACE4446
PARCEL I:
All that portion of the Southwest Quarter of the Northwest Quarter (SWINW}) of
Section Five (5), in Township Two (2) South, Range Six (6) East, Montana
Principal Meridian, lying Northwest on the center line of the County Road known
as "L" Street and Southwest of the right of way of the Gallatin Valley Railroad
Company and more particularly described as follows:
Beginning at the Northwest Corner of the Southwest One-quarter of the Northwest
One-quarter of said Section Five (5), thence North 88°53'44" East on and along
the Northline of the Southwest One-quarter of the Northwest One-quarter
(SW;NWJ) a distance of 457.03 to the Southwesterly right of way of the Gallatin
Valley Railroad.
Thence South 21017'24" East or. and along said right of way, a distance of
414.70 feet, to the centerline of the County Road known as "L" Street.
Thence South 43045'36" West on and along the centerline of the County Road,
known as "L" Street, a distance of 869.07 feet to the West line of said
Northwest One-quarter (NW}).
Thence North 00022'00" West on and along said West line, a distance of 1005.23
feet to the point of beginning. According to Plat recorded in Film 9, page 847.
Said Parcel I also described in various documents of record as follows:
All that portion of the Southwest Quarter of the Northwest Quarter (SWINWt) of
Section Five (5), in Township Two (2) South of Range Six (6) East of Montana
Meridian, lying Northwest of the centerline of the County Road, and Southwest
of the right of way of the Gallatin Valley Railroad Company and more fully
described as follows, to-wit:
Beginning at the Northwest corner of said Southwest Quarter of Northwest
Quarter (SW}NW{) of said Section 5; thence South along the West line of said
Section 1006.2 feet, more or less, to the center of the County Road; thence
North 44JO East 868.2 feet, more or less, to the Westerly line of the right of
way of the Gallatin Valley Railroad Company, said line being 50 feet from the
center of said right of way, thence North 20031' West along said right of way
414.7 feet, more or less, to the North line of said Southwest Quarter of the
Northwest Quarter, thence West along said North line 457.3 feet, more or less,
to the place of beginning. As previously described in Warranty Deed recorded
in Film 9, page 845.
PARCEL II:
That portion of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad
Company's right of way located in Section 5, Township 2 South, Range 6 East,
M.P.M., Gallatin County, Montana, which is adjacent to that parcel described in
"Exhibit A" attached hereto, and which is located between the Southeast
boundary line (extended) and the North boundary line (extended) of said parcel
as described in Exhibit "A". Said right of way being as shown on that certain
right of way and track map filed September 23, 1983 at 11:57 A.M. under
Permanent File No. 770-C in the office of the Clerk and Recorder for Gallatin
County, Montana.
fll!# 124FAU4447
"EXHIBIT A"
All that portion of the Southwest quarter of the Northwest Quarter (SW#NWI) of
Section Five (5), in Township Two (2) South of Range Six (6) East of Montana
Meridian lying Northwest of the centerline of the County road and Southwest of
the right of way of the Gallatin Valley Railroad Company and more fully _
described as follows, to-wit:
R Beginning at the Northwest corner of said Southwest Quarter of Northwest
quarter (SWINWI) of said Section 5; thence South along the west line of said
Section 1006.2 feet, more or less, to the center of the County road; thence
North 44JO East 868.2 feet, more or less, to the Westerly line of the right of
way of the Gallatin Valley Railroad Company, said line being 50 feet from the
center of said right of way. thence North 20031' West along said right of way
414.7 feet, more or less, to the North line of said Southwest Quarter of the
Northwest Quarter, thence Nest along said North line 457.3 feet, more or less,
to the place of beginning.
All of Parcel 11 as previously described in Quit Claim Deed recorded in Film
90, page 1210.
248538 mi
s�or Motfans , ,
i ourdy of Gallebn
Flied JULY 27 , 19 92
3:33 P M.,end
Recorded In boolt i24 01
. -DF, aQe 4443
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County r1ork&RoCorcW
aY
Dopuq(
30.00
RT: AMERICAN LAND TITLE
4020722G
IDAHO Pbla COMPANY
WESTERN RED CEDAR • LODGEPOLE PINE
fIN 05FAC13404
AFTER RECORDING R£IURN TO:
Idaho Pole Company
1640 East Mete
PO Box 1095
Tacoma, WA 98401-1095
NOTICE AFFECTING TITLE TO REAL PROPERTY
DATED AS OF: , 1993
BY: IDAHO POLE COMPANY,a Washington corporation "OWNER"
East Cedar Streit,PO Box 1129
Boatman,MT $9715
Owner owns the real property in Gallatin County,Montana,more specifically described on
attached Exhibit A(the "Property"}. The Property consists of Seven parcels referenced as all or a portion of
the"She"as defined in that certain Administrative Order for Remedial DesigwRemedial Action issued by the
United States Environmental Protection Agency('EPA')on July 26, 1993, EPA Docket No. C)RCLA
VAT-93-26("Order),a copy of which is artacbed and which is hereby incorporatrd by this reference into this
instrltmtnt Section 18 of the Order requires that Owner record a copy of the Order in the appropriate
governmental office where land ownership records ate filed or recorded... so as to provide notice to third
pMes of the issuance and terms of the larder with respect to the(Property)." All persons dealing with the
Property or any portion thereof are hereby placed on notice of the Order and the terms and provisions thereof
with respect to the Property.
OWNER kbAHO PbLE COMPANY,a Washinb on corporation
C'
Its: �c
STATE OF WASHINGTON )
}ra.
County of Pierce )
Thk instrument was acknowledged before me on _ -� 1993,by
Gregory D, McFarland, as V'1te President of the IDAHO POLE COMPANY, a Washington
corporation.
otuy Pubiit for Washingtba
My commission elpires.
�.WAS
P.O. BOX 1095 TACOMA WASHINGTON 98401-109S
1640 EAST MARC TACOMA, WASHINGTON 98421-2939
206 572-3033 800-426 8430 FAX 206.627.0764
EXHIBIT "A"
PARCEL I
f11H 13aPaCE3405
Lots Ten (10) to 'Ibirty-two (32) inclusive in Block Eighty-
six (86) of Northern Pacific Addition to Bozeman. Montana,
together with the lands heretofore included in the alley ex-
tending through said Block in a north-south direction, and
the easterly one-half (1) of that portion of Pear Street ex-
tending from L Street to K Street and the northerly one-half
(1) of that portion of K Street extending from the center line
of Pear Street to the westerly line of Cedar Street in said
addition, which alley and streets were vacated by Ordinance
Number 737 of the City of Bozeman, Montana, passed, enacted
and adopted on or about November 23, 1945, according to the
official plat thereof on file and of record in the office of the
County Clerk and Recorder of Gallatin County, Montana,
Together with the tenements, hereditaments and appurtenances
thereunto belonging.
PARCEL 11
All of Block 83, including the vacated alley and vacated "K" Street, Excepting that
portion of Lots 1 through 8 inclusive and vacated "K" Street conveyed for highway
purposes;All of Block 73, including the vacated alley and vacated "J" Street, Excepting that
portion of Lots 1 through 7, inclusive, and vacated "J" Street conveyed for highway
purposes;
All of Block 70, including the vacated alley and vacated "I" Street;
All of Block 62, including the vacated alley and vacated "H" Street, Excepting that
portion of Lots 2 through 8 and vacated "1{" Street conveyed for highway purposes;
All of Block 59, including the vacated alley and vacated "G" Street, Excepting that
portion of Lots 1 through 8 inclusive and vacated "G" Street conveyed for highway
purposes;
All situate in the Northern Pacific Addition to Bozeman, Montana, according to the
official plat thereof on file and of record in the office of the County Clerk and
Recorder of Gallatin County, Montana.
PARCEL III FIN L35MUM
That portion of the Railway Company's property in the
SW;SW; of Section 5, and kiSh of Section 6, Townthlp 2 South, Range
6 Eas;t, described as follows:
Beginning at a point in the southwesterly line of Cedar
Street in the City of BozemRn, Idontanta, where the same is inter-
sected by the southeasterly Line of K Street in said City; thence
southeasterly along the southwesterly 'Line of Ceder Street 1200 feet;
thence southwesterly, at right angles to the last mentioned street
line a distance of b50 feet, more or less., to a point in a line
drawn parallel with and distant 25 feet northeasterly, measured at
right angles, from the center line of the most northeasterly track
of the Northern Pacific Railway Company as now constructed in said
E}SEJ of Section 6; thence northwesterly parallel with said track
center line and 25 feet northeasterly therefrom, a distance of 260
feet; thence northwesterly along a straight line to a point which
is 200 feet southeasterly, measured at ri6bt angles, from a south-
westerly production of the southeasterly line of said K Street and
460 feet southwesterly, measured at right angles, from the south-
easterly line of said Cedar Street; thence northeasterly parallel
with the southeasterly line of said K Street and a southwesterly
production thereof a distance of 210 feet; thence northwesterly
at right angles to the last mentioned line a distance of 200 feet
to the southeasterly line of said K Street; thence northeasterly
along; the southeasterly line of said K Street 250 feet to the place
of beginning, Excepting, however, a strip of land 17 ,.'-et ,ride,
being 8j feet snide on each side of the center line of all trackage
hereafter constructed upon or across said premises.
PARCEL IV
wit: ............. ..................... ..._ .. .. ..... ...... . ........ ....,.. ...............
Ail 61 Blocks 88, 8.Y iii a...qu"of""the Nbrt3icrn liaci�%c
...Acld'f£ion"'to"B-a•zemari;..FSori'tari"a;..arid"'vacaEeT"s'tY�'et�.................
...�titi"'�2'x�y'S;"•I a 55'-•�71�!"�ftSX LY tSYi•.�S'"5'G C"'ttlY'C?f"�Yl"�c3c3[gmL'7it""'-"
and Pirral C?rdr of Corrdemzmata orr z-ec�rded in Back 25r............
:. o� f7eerets; lsage 4 ....................
2�.. ..............................................................
PARCEL V
A tract of land in the NW', of Section 5, and the NE1, of Section 6,
Township 2 South, Range 6 East, M.P.M. , Gallatin County, Montana,
and particularly described as follows: Beginning at the Eli corner of
Section 6, thence South 88154'59" West along the South line of the
NEB of Section 6, a distance of 329.58 feet to a point on the
centerline of a County Road; thence North 44023101" East, on and
along said centerline, a distance of 1,142,18 feet, thence South
3045118" East, a distance of 801.90 feet to a point on the South line
of the NW`, of Section 5; thence South 88054159" West, on and along
said South line, a distance of 522,00 feet to the true Dint of
beginning, according to Survey recorded in Film 20, page 376,
PARCEL VI
All that portion of the Southwest Quarter of the
ON 135PACE3407 t
Northwest Quarter (SWkNW4) of Section Five (5), in
Township Two (2) South, Range Six (6) East, Montana
Principal Meridian, lying Northwest of the center line of
the County Road known as "L" Street and Southwest of the
right of way of the Gallatin Valley Railroad Company and
more particularly described as follows: k
Beginning at the Northwest Corner of the Southwest One-
quarter of the Northwest One-quarter of said Section Five
(5), thence North 88053'44- East on and along the o
Northline of the Southwest one-quarter of the Northwest
i One-quarter (SWkNW4) a distance of 457.03 to the
Southwesterly right of way of the Gallatin Valley
1 Railroad.
Thence South 21017'24" East on and along said right of
way, a distance of 414.70 feet, to the centerline of the
County Road known as "L" Street.
d
Thence South 43045136" West on and along the centerline
of the County Road, known as "L" Street, a distance of
869.07 feet to the West line of said Northwest One-
quarter (Nw�) .
Thence North 00022100" West on and along said West line,
a distance of 1005.23 feet to the point of beginning.
According to Plat recorded in Film 9, page 847.
That portion of the abandoned Chicago, Milwaukee, St.
Paul and Pacific Railroad Company's right of way located
in Section 5, Township 2 South, Range 6 East, M.P.M. ,
Gallatin County, Montana, which is adjacent to that
i
i
i
PAkC£t UI1 fllM 135PACEM
A tract of land lying in the Northern Pacific
Subdivision, City of Bozeman, in the SE 1/4 of Section 6,
Township 2 South, Range 6 East, P.M.M. , Gallatin County,
Montana, which tract is more particularly described as
follows:
Beginning at the SW corner of Block 87 of said subdivision run
South 45 degrees 3226" East along the Northerly line of Cedar
Street for 430.00 feet to an iron pin at the centerline of
vacated K Street; thence run North 44 degrees 26151" East,
along said centerline for 189.99 feet to an iron pin and the
Southerly right of way line of interstate 90; thence run
Northwesterly along the arc of a curve to the Left (chord
bearing and distance: North 58 degrees 41 '37" West, 441.02
feet) for 441. 13 feet to an iron pin and the Easterly line of
L Street; thence run South 44 degrees 47130" West along said
Easterly line for 89.63 feet to an iron pin and the point of
beginning, as shown of Certificate of Survey No. 21.
271792 EP
ffrnl
d
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6tate at Mosttanlr -`
00urtty of GaRaan E
Ned_�eotember 16
_ _.._...._�1 93
at_ 11: 0 0' A.seas
Recorded in book 135
b ,EF� !O
MISC$LLAt3EOU5 4 101OGRAPHIC G1UI�ltt'f
Why M. Chm
cOL%*,C*k a ROomdK
� O�pugr
;7ee 1 30. 00 pd
Rt: Idaho Pole Company
PO Box 1095
Tacoma WA 98401-1095