HomeMy WebLinkAbout11 Easement Doc #267070 : ? 7 FILM 133W1321
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Fam ao 6si STATE OF MONTANA
'791.JH DEPARTMENT'OF TRANSPORTATION
RIGHT OF WAY BUREAU
2701 Prospect Avenue
Helena,Montana 59620
BARGAIN AND SALE DEED
PROJECT NO. M 1299 (2) PARCEL NO. 25 COUNTY OF GALLATIN
THIS INDENTURE,made this ##— day of / :IN CONSIDERATION of the
sum of ONE DOLLAR ($1.00) AND OTHER GOOD AND VALUABLE CONSIDERATION
lawful money of the United States to 491--1 in hand paid by the STATE OF MONTANA.
the receipt whereof is hereby acknowledged,WITNESSETH THAT, Carl Tange, Jr.
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:
_ ACCESS CONTROL
The Grantor(s) hereby convey to the STATE OF MONTANA all rights of
ingress and egress to, from and between the existitog Right-of- Way of
M 1299(2) and the adjacent property of the Grantor(s) in Block 3 of
Tange's Addition to the City of Bozeman, Montana, according to the
official plat thereof, on file and of record in the office of the
Clerk and Recorder of Gallatin County, Montana, as said property is
described in a Warranty Deed recorded in Book 151, Page 87 (of Deeds) ,
in the official records of said County.
Provided, however, that there is reserved for the use of the
Grantor(s) , their successors or assigns, private road approach(es) as
described below for ingress and egress to, from and between State of
Montana, Department of Transportation Project M 1299 (2) and the
adjacent property of the Grantor(s) :
1. One private road approach on the northerly side of said
highway project between highway survey stations 30+25 and
33+17.
2 . One private road approach an the northerly side of said
project opposite survey station 34+00 to provide access
jointly to the Grantor's property and to the adjacent property
shown as Parcel 27 on the plans for said project.
Provided further that the road approach in Item 1 above may be
relocated between the specified highway survey stations by the
Grantor(s) or successor(s) in interest after initial construction.
Also provided further that the joint use road approach in Item 2 may
not be relocated after initial construction unless the owners of all
properties served by the joint use approach at the time of the
proposed change agree, in writing, to its relocation.
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 Transportation. 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 Transportation 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
Grantor(s) , their heirs, successors and assigns.
SG:Q:RW:679<kld
FICA 133PAC12322
EXCEPT NG A!'D RFSFR VM.however,all gas,oil,and minerals(Brave!and ether road buildinS materials excepted)beneath the surface of
the shove-described and;onvcyed premises,together with the right to extract thr same,provided than in the etercise of such right the surface Ilsveaf shall net Ite
disturbed,interfered with,or in anyway damaged
WRTI11:R EXfTPTING AND RESERVING,unto the grantors,then successor trd assigns all water•water rights,ditches,canals,irigauca systems,
existing or as relocated,if any,including but nor limited to,wstcr stock or shares,bands•cetifhcases,caaracts sad any and all odw titdicss of wasp,water right
and dutch ownership,or any interest thercnn appurtenant to the land described therein.save and except ground wand for the use,benefit arhd ptrposea of the grantee.
TO HAVE AND TO HOLD the above-dewritxsl and conveyed premises,with all the reversions,rernainders,tenements,htxeditamew arhd appurtenances
thereto,unto the STA11 OF♦OWAXTA,and to its successors and assigns forever.
IN WITNESS WHEREOF the undersigned has exectued these premises the day and year first above written.
a" 7 Z�— , �
Carl Tange, Jr.
STATE OF Cali fnrni a
County of Ran—Joaquin ~� J ss.
On this 4th day of May_ AD,19 93 ,before me,Lisa M. Engelhardt
a Notary Public in and for the Slate of_W jfQn,;& ,personally appeared
Carl Tay, -, Jr. --------- -----
known W me io be utc Person w3'10sc.rnampe 1 S subx:nbed►o tltc within urstramcna—=d
acknowledged to me that he 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.
ors4ctALSE Notary Public for the State of
Notarial Se LISAAI,EENGEU( T Residing at Tr,r�i
OMM
Kc- �:• 10/29/93
My Commission expires
STATE OF l
County of }ss.
On this day of AD, 19 ,before me
a Notary Public in and for the State of ,personally appeared
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 hercuntO set my 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
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