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DE 1992 07-28DEEDS BK 127 PG 812-815 RECORDING #160112 CONSOLIDATED SCHOOL DISTRICTS # 4 47 & 2 MADISON JEFFERSON COUNTIES TO JEFFERSON COUNTY SOLID WASTE MANAGEMENT PARCEL IN NE SEC 34 T2N R4W (SEE DOC FOR FULL DESCRIPTION) moorder's office state of hHWARAMa mil" BOOK 127 DEEDS PAGE 812 c'^U'd idleamt "^.4 1 hereby certlty that the�v1t�M/n kW ��0112 was Ned�ffo•�rr record tMls�day of A.D. 19-U.atd 'd�o"CV/,"._ andqqd,, r In b ota{/sston page'?r�— my Recorder�7� DEED ffy Duty �����,j tee ; IndexeaL THIS INDENTURE, made on the CO.- day of 1992, between CONSOLIDATED SCHOOL DISTRICT NO. 4, 47, and 2 of Jefferson and Madison Counties, Montana, a duly organized and existing school district of the State of Montana, acting by and through its Board of Trustees, as the PARTY of the FIRST PART, and the JEFFERSON COUNTY SOLID WASTE MANAGEMENT DISTRICT (formerly the "Jefferson County Refuse Disposal District" ) , a duly established solid waste management district existing within Jefferson County, Montana, pursuant to Title 7, Chapter 13, Part 2, MCA, as the PARTY of the SECOND PART; .W I T N E 9 S E T hI: WHEREAS, the Party of the First Part owns the real property hereinafter described, which said real property is located near Whitehall, Montana, and is immediately adjacent to the existing Whitehall landfill; and, WHEREAS, the Party of the Second Part operates said landfill for the benefit of the people, businesses and governmental entities (including, also, school districts) , located within Jefferson County, Montana, who or which generate solid waste in need of disposal; and, WHEREAS, the Party of the Second Part is in need of further _;1 op,_r y in -rder t^. cnt rue its landfill activities -and Yr"Y`�- "1 in order to continue to dispose of solid waste in the Whitehall area; and, WHEREAS, the Party of the First Part is willing to convey to the Party of the Second Part certain real property £or use as additional landfill space, in exchange for the nominal sum of $10.00 and as long as Party of the First Part - is entitled to dispose of solid waste at said landfill free of charge; and, WHEREAS, the First Party' s Board of Trustees resolved, at a regular school board meeting held on November 7, 1990, to convey said real property to the Party of the Second Part, subject to the above-described terms; 1 ' BOOK 127 DEEDS PAGE 813 NOW, THEREFORE, the PARTY of the FIRST PART, for and in consideration of the sum of TEN and no/100 DOLLARS and other valuable consideration ($10.00 o.v.c. ) , lawful money of the United States, to it in hand paid by said PARTY of the SECOND PART, the receipt of which is hereby acknowledged, DOES HEREBY GRANT, SELL AND CONVEY unto the said PARTY of the SECOND PART, and to its successors and assigns, forever, all of the following described real estate situate in the County of Jefferson, State of Montana, to-wit: As shown and described on Exhibit "A" hereto, which exhibit and description are by this reference incorporated herein and made a part hereof; SUBJECT TO the continuing right of the PARTY of the FIRST PART to dispose of all of its solid waste in and on the subject real property, now conveyed by it for purposes of a landfill, free of disposal fees or charges (excluding, however, any right to dispose of any hazardous waste or other substance which by law could not be disposed of in said landfill ) ; Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all of the estate, right, title, interest, property, possession, claim and demand whatsoever, as well in law as in equity, of the said PARTY of the FIRST PART, of, in or to the said premises, and every part and parcel thereof; TO HAVE AND TO HOLD, all and singular, the said premises, together with the appurtenances, unto the said PARTY of the SECOND PART and to its successors and assigns, forever. 2 :ry BOOK 127 DEEDS PAGE 814 IN WITNESS WHEREOF, the said PARTY of the FIRST PART has caused these presents to be executed in its name and behalf by the Chairperson of its Board of Trustees, and its official seal to be affixed hereto by its Clerk, on the day and year first hereinabove written. CONSOLIDATED SCHOOL DISTRICT NO. 4, 47, AND 2 O JEFFERSON AND MADISON COUNTIES Chairperson, Sod—rd of Trustees (SEAL) ATTEST: Clerk of t14 School District 6 STATE OF MONTANA ) ss. County of Jefferson ) On this q+ day of 1992, before me, the undersigned, a Notary Pu lic for the State of Montana, personally appeared --0;g & FY^114cA and &Ue-r%v -A--r.5or known to me to be the Chairperson and Clerk, respectively, of the Board of Trustees of Consolidated School District No. 4, 47, and 2 of Jefferson and Madison Counties, Montana, the Party of the First Part to the above and foregoing instrument, and acknowledged to me that the said Consolidated School District executed the same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official scial nn the day and year. In this certificate first above written. G� Notary Pub1 '�'Sta66 of Montana ;CNQ?'ARIAL SEAL) Residing My Commission expires: 0`V-0 -9 w 3 BOOK 127 DEEDS PAGE 815 REAL PROPERTY DESCRIPTION METES AND BOUNDS DESCRIPTION: To describe a parcel of land located in the NEB& of Section 34, T2N, R4W, PMM, Jefferson County, Montana: Beginning at the east k corner of said Section 34 thence N89 0 50'56"W 1388 .31 feet on the east-west mid-section line of Section 34 to the southeast corner of Certificate of Survey No. 122458 Folio 194B per plat filed in the office of the clerk and recorder of said county; thence N00°09 '48"E 1055.48 feet on the east boundary of said certificate- of survey to the northeast corner of the same, said corner being coincident with the southeast corner of the parcel herein described and is the true point of beginning; thence, FIRST COURSE, N89 050'56"W 801 .65 feet on the north boundary of said certificate of survey;, thence, SECOND COURSE, N23 0 09 '00"E 1192.41 feet; thence, THIRD COURSE, S89 0 50' 56"E 801. 65 feet; thence, FOURTH COURSE, S23 0 0910011W 1192.41 feet to the true point of beginning. Said parcel of land as herein described contians 20. 200 acres all in accordance with the filed certificate of survey and is subject to any easements of record or implied . EXHIBIT "A" c ~.