HomeMy WebLinkAbout103_4085_DEED FILK 03PAGE4085 .
i WARRANTY DEED
THIS INDENTURE, made the R day of August, 1975 between
VOLLMER & SONS, INC. , a Montana corporation of Bozeman, Montana,
Party of the First Part a corporation organized and existing under
the laws of the State of Montana and THOMAS DEIBELE and JUDITH K.
DEIBELE, husband and wife of Bozeman, Montana, the Parties of the
Second Part;
WITNESSETH, that the said Party of the First Part, for and in
consideration of the sum of One and No/100 Dollars ($1.00) lawful
money of the United States of America paid by said Parties of the
Second Part, the receipt whereof is hereby acknowledged, does by
these presents grant, bargain, sell, convey, warrant and confirm
unto the said Parties of the Second Part, as joint tenants and to
the survivor of said named joint tenants, (and not as tenants in
common) and to the heirs and assigns of such survivor forever, the
hereinafter described real estate situated in the County of
Gallatin, and State of Montana, to-wit:
GALLATIN COUNTY, MONTANA
Description: Commencing at the Southwest Corner of Lot 4
(the same being the NW 1/4 NW 1/4) of Section S, in Twp. 2
South of Rge. 6 East of M.P.M. ; thence due North along the
West line of said Lot 4, to the point where it meets the
Easterly Right of Way line of the Mill Spur Branch of the
Northern Pacific Railway; Thence in a Northeasterly direction
along said right of way line to the point where it meets the
Southwesterly line of the Gallatin Valley Railway (C. M. ST.
P. & P. RY. ) ; thence Southeasterly along the Southwesterly
line of the right of way of the Gallatin Valley Railway (C.
M. St. P. and P. Ry. ) to a point where it meets the South
line of said Lot 4; thence due West along the South line of
said Lot 4 to the point of beginning, being the southwest
corner of said Lot 4, (being a traingular piece of land) .
Also a triangular tract of land in Sec. 6, Twp. 2 South of
Rge. 6 -East, M.P.M. described as follows, to-wit: Commencing
at the point where the South line of Lot 4 of Sec. 5, Twp.
2 South of Rge. 6 East, intersects the East Section Line of
said Section 6, aforesaid; thence due West to a point 10
feet East at right angles to the Easterly right of way line
of the Mill Spur Branch of the Northern Pacific Right of Way;
thence in a Northeasterly direction parallel with the Easterly
right of way line aforesaid, to the point where the section
line between said Sections 5 and 6 intersects said line which
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parallels the aforesaid Mill Spur Branch right of way line
of. said Northern Pacific Railway; thence due South along
the East line of said Sec. 6, to the point of beginning,
containing approximately 1.36 acres, more or less. EXCEPTING
THEREFROM all rights of way for roads or ditches as now
constructed over and across said tracts. EXCEPTING also,
Rights of Way for; Telephone Line, gas and city water pipe
line. Also. a triangular tract of land in the Northeast
corner of the Southeast Quarter of the NE,,I/4 of Sec. 6,
Twp. 2South of Rge. 6 East, M.P.M. and described as follows:
Commencing, at the Northeast corner of the Southeast Quarter
of the Northeast Quarter of Section 6, Twp. 2 South of
Rge. 6 East, thence South 0° 22 ' East a distance of 14 feet
to the point of beginning; thence North 0° 22' West a
distance of 14 feet; thence South 88' 31' West along the
North line of said Southeast Quarter of NE 1/4 a distance
of 193.7 feet; thence in a Southeasterly direction a
distance of 194.2 feet, more or less, to the place of begin-
ning, containing .031 acres, more or less; and a strip of
ground ten feet in width which joins the easterly boundary
line of the Mill Spur Branch of the Northern Pacific Right
of Way, as it is now built and laid out across Lot Number
One, (NE 1/4 NE 1/4) of Section 6, Township 2 South of Rge.
6 East, M.P.M. and particularly described as follows: com-
mencing at the Northeast corner of the SE 1/4 NE 1/4 of
Section 6, Twp. 2 South of Rge 6 East, M.P.M. ; thence South
88' 31' West a distance of 302.62 feet; thence North 38' 57'
East a distance of 112.2 feet to the point of beginning;
thence North 38° 57' East parallel to and 10 feet easterly
from the easterly right of way line of said Mill Spur Branch
of the Northern Pacific Railway to the pointt where said line
intersects the Section line common to Sections 5 and 6, in
said Twp. and range; thence Northerly a distance of 13 feet,
more or less, to the easterly right of way line of said Mill
Spur Branch; thence Southwesterly along the Easterly right of
way line of said Mill Spur Branch to a point which is at
right angles to the point of beginning; thence at right angles
a distance of 10 feet to the point of beginning, reserving
however, an easement across the properties above conveyed for
the drainage system, both covered and uncovered, which is
now laid across or used upon said property, and which drain-
age system empties into Rocky Creek, and reserving also the
right to enter upon said lands for the purpose of cleaning
said drainage system; and reserving also the same right of
way across said lands for a road to the property now owned by
T. B. Story in the above described Section. 6, in said T 2 S
R 6 E M.P.M. and as heretofore reserved in that certain deed
between Byron F. Story and Margaret Story to Joseph H. Vollmer,
dated May 17, 1938, and recorded in Book 81 of Deeds at page
505 in the office of the County Clerk and Recorder of Gallatin
County, Montana; RESERVING AND EXCEPTING THEREFROM a triangular
tract of land in Lot Number 1, (NE 1/4 NE 1/4) of Section' 6,
said township and range above, in Gallatin County, Montana,
described as follows: Commencing at the Southeast corner of
said NE 1/4 NE 1/4 Section 6 (or Lot 1) thence south 88' 31'
West along the south line of said Lot #1, a distance of 228.62
feet to the place of beginning of tract to be described; thence
south 880 31' West along the south line of said Lot 1, a
distance of 74 feet; thence North 380 57' East a distance of
112.2 feet; thence southerly a distance of 85 feet to the
place of beginning, containing .07 acres, more or less, together
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FILM 103PAGE4087
with all the tenements, hereditaments and appurtenances
thereunto belonging or in anywise appertaining, subject,
however, to any government and railroad reservations and
exceptions, and subject also to all rights of way for
highways, ditches, pole lines and pipe lines, if any,
laid out over or across said lands; to all visible
easements; to zoning restrictions; and to all easements,
reservations, restrictions and covenants of record.
And the said Party of the First Part, its successors and
assigns do hereby covenant that they will forever warrant and
defend all right, title^=andA4n erest in and to the said premises
and the- quiet and peaceable possession thereof, unto the said
Parties of the Second Part, as joint tenants with right of sur-
vivorship (and not as tenants in common) , and to the heirs and
assigns of the survivor of said named joint tenants, against all
acts and deeds of the said Party of the First Part, and all and
every person and persons whomsoever lawfully claiming or to claim
the same.
IN WITNESS WHEREOF, said Party of the First Part has caused
its corporate name to be subscribed and its corporate seal to be
affixed, by its proper officers, thereunto duly authorized, the
day and year first above written.
VOLLMER & SONS, INC.
:.•`�Ct& S Q
ti••,•p�• 'h�� President
�0 Q� Secretary
-OF MQNQ.ANA
G��
ss.
Cpunty of )
On this _ day of August, 1975, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared JAMES
WARREN VOLLMER and JOSEPH H. VOLLMER, known to me to be the President
and Secretary of the corporation that executed the within 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?tary
rst above written.
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FILM 103 PAGE 4087A
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State of Mont., County ct G?tlabn. ss !~sled for record November 22 88
at 1:50 PM., asus recorded (i Book 103 oT DEEDS page-AIW5
- Recorder. 6y p"
Rt: Thomas Deibele
Box 4410
Bozeman, MT 59715
$2D. 00 PD
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