Document reg32z0mjjrrx5ZoeegJzjpKV
MINUTES of the regular meeting! of the Board of
Birectors of the ANACONDA COPPER MINING COMPANY, held at the
offlee of the Company, no. 26 Broadway, New York, N. y., an
Thursday, September 24, 1936, at 11(45 oolook A. M.
PRESENT, the following Directors!
Messrs. Cornelius Kelley, Robert E Dwyer, Andrew j.
Miller, Grayson M.-P. Murphy, William C. Potter, James H. Perkins,
John A* Coe and William D. Thornton.
ABSENTt Mr. James R. Hobbins.
The meeting was duly organised. On motion duly made,
seconded and unanimously adopted, Ur. Cornelius F. Kelley, Pres
ident of the Company, was chosen Chairman of the meeting, and
Ur. David B. Henneasy, Secretary of the Company, Secretary there
of.
The minutes of the regular monthly meeting of the
Board of Directors of the Company held on August 27, 1936, were
read, and, on motion duly seoonded, approved.
The Chairman submitted for the consideration of the
Directors a financial statement for the eight months ended August
31st, 1936.
On motion duly mads, seoonded and adopted, the state
ment was approved and a oopy ordered filed in the offioe of the
Secretary.
On motion duly made, seoonded and carried, the follow
ing resolution was unanimously adopted!
-
WHEREAS, a recapitulation of expenditures authorised
an aoaount of Construction Appropriations and Miscellaneous Ex
penditures from June 25th, 1936 to September 24th, 1936, Inclusive,
has been made and scheduled by the General Auditor 0i> ' wamor 0 W--a*j
as set forth in his letter addressed to the President and Board
of Directors of the Company under date of September 24th, 1936,
showing an aggregate expenditure of One Hundred Fifteen Thousand,
Four Hundred Eighty k 77/100 Dollars ($115,480.77) to September
. PNYC00008552
N11315
24th, 1936.
-
NOV?, THEREFORE, EE IT RESOLVED, That th6 action of th6
officers of the Company in making appropriations for Construction
and Miscellaneous Expenditures aggregating One Hundred Fifteen
Thousand, Four Hundred Eighty & 77/100 Dollars ($115,480,77) to
September 24th, 1936, made up as aforesaid of the detailed items
embodied in the letter of the General Auditor of the Company be,
and the same is hereby ratified, approved and confirmed, and that
each and every item of expenditure made or appropriated, embraced
in the said letter of said General Auditor of the Company is here
by fully ratified, approved and confirmed as fully and completely
as .hough each item were separately considered, and separate ac
tion in confirmation of each of said items duly taken by the
Board of Directors; and
BE IT FURTHER RESOLVED, That the said letter and re
port of the General Auditor of the Company be, and the same is
hereby ordered filed with the Secretary of the Company and made
a permanent file of the Company in connection with this resolution.
On motion duly made, seconded and oarried, the follow
ing resolution was unanimously adopted:
WHEREAS, a recapitulation of expenditures authorized on
account of purchases of mines, mining claims, and lands from Dec
ember 26th, 1935 to September 24th, 1936, inclusive, has been
made and scheduled by the General Auditor of the Company as set
forth in his letter addressed to the President and Board of
Directors of the Company under data of September 24th, 1936, show
ing an aggregate expenditure of Thirty Thousand, Seven Hundred
Fifty-eight & 70/100 Dollars (|30,758.70)to September 24th, 1936.
NOW, THEREFORE, BE IT RESOLVED, That the action of
the offioers of the Company in making appropriations for pur
chases of said mines, mining claims, and lands embodied in sAxir
letter of the General Auditor be, and the same is hereby ratified,
approved and confirmed, and that each and every item of expen
diture made or appropriated, embraced in said letter is hereby
fully ratified, approved and confirmed as fully and com
pletely as though each item were separately considered and
separate action in confirmation of said item duly taken p^l C0
-2-
by the Board of Directors j and BE IT FURTHER RESOLVED, That the said letter and re
port of the General Auditor of the Company he, and the same is hereby ordered filed with the Secretary of the Company, and made a permanent file of the Company in connection with this resolu tion.
On motion duly made, seconded and oarried, the follow ing resolution was unanimously adopted!
WHEREAS, a recapitulation of expenditures authorized on account of Miscellaneous Purchases of shares of stock from December 26th, 193S to September 24th, 1936 inclusive, has been made and scheduled by the General Auditor of the Company as set forth in his letter addressed to the President and Board of Direc tors of the Company under date of September 24th, 1936, showing an aggregate' expend!ture of One Hundred Eleven Thousand, Six Hundred Twelve & 50/100 Dollars ($111,612,50) to September 24th, 1936.
HOW, THEREFORE, BE IT RESOLVED, That the action of the officers of the Company In making appropriations for Miscellaneous Purchases of shares of stook aggregating One Hundred Eleven Thou sand, Six Hundred Twelve & 50/100 Dollars ($111,612.50), made up as aforesaid of the detailed items embodied in the letter of the General Auditor of the Company be and the same is hereby ratified, approved and confirmed, and that eaoh and every item of expendi ture made, or appropriated, embraced in the said letter of said General Auditor of the Company ia hereby fully ratified, approved and confirmed as fully and completely as though each item were separately considered and separate action in confirmation of eaoh
$ of said items duly taken by the Board of Directorsj and
BE IT FURTHER RESOLVED, That the said latter and re port of the General Auditor of the Company be, and the same is hereby ordered filed with the Secretary of the Company, and made a permanent file of the Company In connection with this resolu
tion.
On motion duly made, seconded and carried, the follow
. PNYC00006554 3.
ing resolution was unanimously adopted: WHEREAS, Inspiration Consolidated Copper Company is
indebted to this Company upon notes in the aggregate principal
amount of $7,643,000. which mature September 30th, 1935.
RESOLVED, that the Officers of this Company be and
they are hereby authorised and empowered to extend to a date not
later than Maroh 31st, 1937 the time for the payment of the principal and interest on said notes, interest from September 30th, 1936 to be at annual rate of Sj. ' On motion duly made, seconded and unanimously adopted, it was
RESOLVED, that The Chase Rational Bank of the City of
Hew York, Produce Exchange Branch, is hereby authorized to pay or
otherwise honor any and all checks, drafts or other orders issued
from time to time, for and on behalf of this corporation when
signed by either of the following officers, towit: Treasurer or Assistant Treasurer, inclusive of any such in favor of either of the eaid Officers, and to debit the same to the "Special Account"
then maintained with Produoe Exchange Branch of said Bank, and is also hereby authorised to receive, as the aot of this corpora
tion, reconcilernts of aoocunts when signed in like manner.
The Chairman stated that there are outstanding 13,650
shares of stock of Anaconda Lead Products Company of the par value
of $50 per share, all of which are owned by this Company) that
said Anaconda Lead Products Company owns and operates a plant for the production of white lead in East Chicago, Indiana, located
an land leased from International Smelting and Refining Company) -
and he proposed that the stook of said Anaconda Lead Products Com
pany be sold to International Smelting and Refining Company, a wholly-owned subsidiary, for 13,600 shares of the stook of said
International Smelting and Refining Company with a total par
value of $1,012,500. There was presented to the meeting a bal
ance sheet of Anaconda Lead Produots Company aa of August 31,
1938.
On motion duly made and seoonded, the following reso
lution was unanimously adopted:
PNl,Cooooa555
RESOLVED, that this Company sell and transfer to international Smelting and Refining Company 13,650 share* of the atook of Anaconda Lead Products Company, being the entire issue,
in exchange for 13,500 full-paid and non-asaeasable shares of the
stock of International Smelting and Refining Company having a total par value of $1,012,500.
On motion duly made and seoonded, the following resolu tion waa unanimously adoptedj
RESOLVED, that the action of the Officer* of this Com
pany in executing in the name and in behalf of this Company, the
following Deeds and Easement, is hereby ratified, approved H confirmed
THIS INDENTURE, made and entered into this 26th day
Of August, A. D. 1936, by and between ANACCNDA COPPER MIMING COM
PANY, a corporation organised and existing under and by virtue of
the laws of the State of Montana, party of the first part, and
. THOMAS LEONARD HORAN, whose post office address is Butte, Silver
Bow County, Montana, party of the second part, WITNESSETHi
That said party of the first part, for and in con
sideration of the sum of One Dollar ($1.00), and other valuable
considerations to it paid by the party of the second part, the
receipt whereof is hereby acknowledged, does hereby grant, bargain,
sell and oonvey unto the said party of the second part, his heirs
and assigns forever, the following described property, to witt
A portion of the surface only of Survey No. 1327, Dives
Lode, Lot 188 and of Survey No. 486, Steward Lode, Lot 53,situated
in Section 13, Township 3 North, Range 8 West, Silver Bow County,
Montana, desoflbed aa follows, to witt
~.
Beginning at the Southwest corner of the tract herein
described, a point aa the North boundary of Woolm&n Street from
which the Southwest Cor. No.3 of Sur. No. 1327, Dives Lode bears
S. 45 30* W., 197.8 ft. and running thenoe H. 6 W., 58.5 ft., to a point in a fenoe, thenoe X. 84 E., along said fence, 40 ft., thenoe S. 6 E., 68.5 ft., to the North boundary of Woolman St.,
S. 84 W., 4G ft., along the North Boundary of Woolman St. to the place of beginning, being Lot 23 of the Unofficial Dives
Addition and its extension Northerly on Survey No. 486, Steward
Lode. There is expressly excepted from this grant, and from
the operation thereof, and reserved unto the grantor herein, all
mines, minerals and metals, veins, leads, lodes and ledges, and
mineral and quarts hearing earth, rook and deposits beneath the
- PNYC00008556
surface thereof, or within or belonging to the above described
lot, piece or parcel of ground, and also all extralateral rights
on all veins apexing therein or appurtenant to or belonging to
said above described lot, piece or parcel of ground, and under
the streets and alleys adjoining the same; together with the right
on the part of the grantor herein, its lessees and assigns, to
enter beneath the surface of the above described and granted lot,
piece or parcel of ground, and of the adjacent streets and alleys,
and mine, prospect for and extraat any and all of said ores,
minerals, metals and mineral and quarts bearing earth and rook
within or belonging to the above described and granted lot, pieoe
or parcel of ground, and the streets and alleys adjacent thereto,
by and through underground workings, beneath a horizontal plane
parallel to and one hundred (100) feet below the natural surface
of said premises, and of the said streets and alleys adjacent
thereto.
TOGETHER WITH, all and singular, the tenements,
hereditaments and appurtenances thereunto belonging or in anywise
appertaining, and the reversions, remainders, rents, issues and
profita thereof.
TO SAVE AND TO HOLD, all and singular, the said above
described lot, pieoe or parcel of land, together with the appur
tenances thereto incident, unto the said party of the second part,
his heirs and assigns forever.
IN WITNESS WHEREOF* the party of the first part has caused its corporate name to be hereunto signed by its Vice-President thereunto duly authorized, and its corporate seal to be hereto affixed and attested by its Assistant Secretary, this 26th
day of August, A. D. 1936.
ANACONDA COPPER MINING COMPANY,
(C. S.)
By______ J. R. HOBBIWS; ' ; its Vice President*
i
K* B + FRAs&ER, Its Assistant Secretary*
PNYC00008557
-6-
STATE OP MONTANA,
3.
'
',
.
County of Silver Bow.
i
. On this 26th day of August, in the year 1636, before
me, J. D. Murphy, a Notary Public within and for said county and
state, personally appeared J. R. BOBBINS, known to me tp be the
Vice-President of the Anaconda Copper Mining Company, the cor
poration that executed the within instrument, and acknowledged
to me that such corporation executed the same.
o
(N.S.)
IN WITNESS WHEREOF, I have hereunto aet my hand and
affixed my notarial seal, the day and year in this
certificate first above written.
-
_____ J. D. MURPHY ____________ i Notary Public for the Estate or Montana1,
Residing at Butte, Montana. My commission expires October 13, 1938.
QUITCLAIM DEED.
THIS INDENTURE, made the 28th day of August, 1936, be
tween ANACONDA COPPER MINING COMPANY, a Montana corporation,
party of the first part, and HORACE H. KQESSLER, whose residence
and postoffioe address is Seely Lake, Missoula County, Montana,
party of the second part, WITNESSETHi
s
That the said party of the first' part, for and in con sideration of the sum of One Dollar ($1.00), lawful money of the United States of America, and other valuable consideration to it in hand paid by the party of the second part, 'receipt whereof is
hereby acknowledged, does remise, release and forever quitclaim
unto the said party of the second part, the timber and timber growth now located or hereafter standing or growing upon*
A tract of land located in the Southeast quarter of
the Southwest quarter (SE^SW^) of Section 32, Township 16 North
of Range IS West, and in the Northeast quarter of the Northwest
quarter (NEjNW^) of Seotion 5, Township 15 North of Range 13 West,
described as follows;
:
Beginning at a point an the seotion line between Seotlons 32 and 5, above described, the place of beginning, from which the seotion corner common to Sections 5 and 6, Township 16 North of Range 13 West, and Sections 31 and 32, Township 16 North of Range 13 West, bears west 1520 feet} thenoe South 100 feet to a polnti thenoe South 45 East, 370 feet if thenoe North 5 East,
940 feet) thenoe West 240 feet) thence South 11 West, 600 feet, tc -i-- beginn^TiWjj and oontainina an area of 5.5 acres
of land, more or less in~tho Northeast quarter of the Northwest quarter (NE^NWi), Section 5, Township 15 North of Range 13 West, and in the Southeast quarter of the Southwest quarter!SE^SW^) of
Seotion 32, Township 16 North of Range 13 West, in Powell County, Montana.
A L S 01 The timber and timber growth now located or hereafter
standing or growing upon;
PNYC00008558
A traot of land in the Northeast quarter of the North
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east quarter (NE*NE|) of Section 5, Township 15 North of Range 13 West, described aa followsi
Beginning at a point on the north aeotion line of Section 5, Township 15 North, Range 13 Weat, 575 feet west of the northeast corner of the last above described, section, the plane of beginning; thence South 22 50' East, 575 feet; thence
West 350 feet; thence North 61 West, 210 feet; thence North 27 West 425 feet; thenoe East 470 feet; to the place of beginning,
and containing 5.50 acres of land,more or le3s, in the Northeast quarter of the Northeast quarter (NEiNEi*), Seotion 6, Township 15 North, Range 13 West, in Powell County, Montana.
TOGETHER with all the tenements, hereditaments and
appurtenances thereunto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same unto the said party of
the second part, and to his heirs and aaaigns, forever.
IN WITNESS WHEREOF, said party of the first part has caused this instrument to be executed in its corporate name by its proper officers thereunto duly authorised, and its corporate seal to be
hereunto affixed, the day and year firat above
written.
ANACONDA COPPER MINING COMPANY,
(O.S.) ATTEST t
_&J. R. HOBBINS, Its Vice President. '
K. B. FRAZER. ____________ its Asst. Secretary.
STATE OF MONTANA t
I !.
County of Silver Bowt
On this 28th day of August, 1936, before ms, the undersigned, a Notary Publio in and for said County ana State, personally appeared J. R. HOBBINS, known to me to be an Officer,
to-wit. Viea President, of ANACONDA COPPSl MINING COMPANY, the corporation that executed the within instrument, and acknowledged to me that suoh corporation executed the same.
IN WITNESS WHERE1, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate
first above written*
(N.S,)
........................ J. D. MORPHY. Notary Publio for the State of Montana Residing at Butte, Montana.
My Commission expires October 13, 1938.
THIS INDENTURE, Made and entered into this 2nd day
of September, 1936, by and between ANACONDA COPPER MINING COMPANY,
a Montana corporation, party of the first part, and R. A. RUENAUVER,
whose post offloe address is Plains, Sanders County, Montana,
party of the second part, WITNESSETHI
PNYC00008559
That said party of the first part, for and in con
sideration of the sian of One Dollar ($1*00), and other valuable
considerations to it paid by the party of the seoond part, the
receipt whereof is hereby acknowledged, doea hereby grant, bar
gain, aell and convey unto the aaid party of the seoond part, his
heirs and assigna, forever, the following described property,
situated, lying and being in the County of Sanders, State of
Montana, to witi
Horth Half (N&) of Section Pive (5), Township Twenty (20) North, Range Twenty-six (26) West M. P. M., containing three hundred twenty(320) acres.
It is the understanding and Intention of the parties
hereto that the party of the first part. Its agents, servants and
contractors, and its successors or assigna, specific ally reserve
the right to log over and across the lands herein described when
ever in the usual course of business it may become necessary, ad
visable or convenient for the party of the first part, its agents,
servants, contractors, successors or assigns, to transport loga
over and across the land herein conveyed) that la to say, the
aaid party of the first part, its agents, servants and con
tractors, aa well as its successors and assigns, reserve a
dominant and superior easement and right of way across the land
hereinabove conveyed, for the purpose of constructing logging
roads and logging railroads over which to transport logs and
other forest produots, end goods, supplies and material: used in
oonneotion with the log$.ng operations of the party of the first
pert, its successors or assigns) it being the purpose and i-
tentlon of the parties hereto that auch use by the party of the
a. .
first part shall not be permanent and that all tracks and other
obstructions will be removed by the party of the first part upon
the o capletion of
.zr*"' ,"-2nr logsiv'g operation in connection
with whioh suoh use may be enjoyed.
..-
It is the understanding and intention of the parties
hereto that this conveyance is also made subject to any and all railroad rights of way, and easements, heretofore granted or now
existing upon the above described premises, for railroad purpose
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PNYC00008560
and for the purpose of ditches, water-ways and pipe-lines, tele
phone, telegraph and eleotri transmission linen, and any and all
easements and rights in the public for any road or roads hereto
fore laid out or established or now existing over or across any
part of said above described premises,
TOGETHER with, all and singular, the tenements,
hereditaments and appurtenances thereunto belonging or in anywise
appertaining, and the reversions, remainders, rents, issues and
profits thereof*
TO HAVE AMD TO HOED, all and singular, the said above
described premises, together with the appurtenanoes thereto in
cident, unto the said party of the second part, his heirs and
assigns, forever.
IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed by its of
ficers thereunto duly authorized, and its cor porate seal to be hereunto affixed, the day and year first above written.
ANACONDA COPPER MINING COMPANY,
(C.S.)
By J. R. HOBBINS. Its Vice President.
ATTEST!
K< B. FKA/iKH, Its Assistant Secretary.
STATE CP MONTANA,
. 3S.
County of Silver Bow.
On this 2nd day of September, In the year 1936, before
me, J. D. Murphy, a Notary Public within and for said County and State, personally appeared J. R. HOBBINS, known to me to be the Vice President of the Anaconda copper Mining Company, the cor poration 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 ay Notarial Seal, the day and year in this
certificate first above written.
(H. 3.)
J. D. MORPHY,
Hotary
fim'.flje Slmw-'?? Montana",
residing at Butte, Montana.
My Commission expires October 13, 1938.
__________
THIS INDENTURE, Made and entered into this 3rd day of September, 1936, by and between ANACONDA COPPER MINING COMPANY, a Montana corporation, party of the first part, and JEANNETTE SCOTT,
10-
PNYC00008561
a widow, whose post offloe address la Butte, Silver Bow County, Montana, party of the second part, WITNESSETH
That said party of the first part, for and In con
sideration of the sum of One Dollar ($1,00), and other valuable
considerations to It paid by the party of the second part, the
receipt whereof is hereby acknowledged, does hereby grant, bar
gain, sell and convey unto the said party of the second part, her
heirs and assigns, forever, the following described property,
situated, lying and being in the County of Silver Bow, State of
Montana, to wlti
The surface only of that portion of the Spruce Lode,
Survey No, 772, in Section 24, Township 3 North, Range 8 West, Silver Bow County, Montana, more particularly described as fol lows, to witl
Beginning at the northeast corner of the tract herein described, from which the northeast corner No, 1 of said Spruce Lode bears N. 3 24 E., 297,29 ft,, and running thence, along
the west boundary of Montana St., S,0,36> E, 45,02 feet to the
northeast corner of Lot 1, Block 1, of the Storey Addition;thence S, 89 00* W., 100 feet, along the North boundary of said Lot 1, Block 1, of the storey Addition, to the northwest corner of said Lot 1, Block 1, of the Storey Addition; thenoe N* 035* W.,45.72 ft, to the south boundary of Iron Street, theno N 8932 E.,along the south boundary of Iron St,, 100 feet to the place of be ginning.
Expressly excepting and reserving from said grant, how
ever, and from the operation thereof, all mines, minerals, metals,
veins, leads, lodes and ledges and mineral and quarts bearing
earth, rook and deposits beneath the surface thereof or within
or belonging to the above described lot, piece or parcel of ground,
and also all extralateral rights on all veins apexing therein or
appurtenant or belonging to said land and under the streets and
alleys adjoining the same, together with the right on the part of
the said party of the first part herein, its sue o ess ora and as-
1 signs, to enter beneath the surface of the above described, lot,
piece or parcel of ground and of the adjacent streets and alleys
and mine, proapeot for and extract any and all of said ores,
minerals, metals and mineral and quai- uvariuig earth ana rock
within or belonging to the above described lot, pieoe or parcel
of ground and the atreats and alleys adjacent thereto, by and
through underground workings beneath a horizontal plane parallel
to and fifty (50) feet below the natural surface of said promises,
and of the said streets and alleys adjacent thereto.
i-
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PNYC00008562
;,=5
TOGETHER TritH. all and singular, tHa tenements,
hereditaments and appurtenances thereunto belonging or in anywise
appertaining, and the raversions, remainders, rents, issues and
profits thereof.
TO HAVE AND TO HOLD, all and singular, the said above
described lot, piece or parcel of land, together with the appur
tenances thereto incident, unto the said party of the second
part, her heirs and assigns forever.
IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed by its officers, thereunto duly authorised, and its
corporate seal to be hereunto affixed, the day and year first above written.
(C. S.)
ANACONDA COPPER MINING COMPANY,
ATTESTi
By_______ J. R. HOBBINS.__________ Its Vioe President,
K. B. FFAZER,__________ __ Its Assistant Secretary.
STATE OF MONTANA, as.
County of Silver BOW.
On this 3rd day of September, in the year 1936, be
fore me, J. D. llurphy, a Notary Public within and. for said County and State, personally appeared J. R. HOBBINS, known to
me to bo the Vioe President of the Anaconda Copper Mining Company, the corporation that executed the within instrument, and ac knowledged 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 year in this
eertlfioate first above written,
(H.S.) .
_J, D, MORPHY........................................ .................... Notary public for the State of Montana,
residing at Butte, Montana, My Commission expires October 13, 193B.
THIS INDENTURE, Made and entered into this 3rd day of September, 1936, by and between ANACONDA COPPER MINING COMPANY, a Montana corporation, party of the first part, and MARTIN FRENDERGAST, whose post offloe address is Butte,,c,,ounty,_ Montana, party of the second part, WITNESSETHI
That said party of the first part, for and in con sideration of the sum of One Dollar ($1.00), and other valuable considerations to it paid by the party of the seoond part, the reoeipt whereof is hereby acknowledged, does hereby grant, bar-
-12-
PNYC00008563
ftain, soil and convey unto the said party of the seoond part, hia heirs and assigns forever, the following described property, situated, lying and being in the County of Silver Bow, State of Montana, to witi
The surface only of Lot S and the west 5 feet of Lot 2, Block 2, of the Volunteer No, 2 Addition to the City of Butte, according to the official plat and survey of said Addition, now on file and of record in the office of the County Clerk and Recorder of Silver Bow County, Montana,
, Expressly excepting and reserving from said grant, however, and from the operation thereof, all mines, minerals, metals, veins, leads, lodes and ledges and mineral and quarts bearing earth, rook and deposits beneath the surface thereof or within or belonging to the above described lot, pieoe or parcel of ground, and also all extralateral rights on all veins apexing therein or appurtenant or belonging to said land and under the streets and alleys adjoining the some, together with the right on the part of the said party of the first part herein, its successors and assigns, to enter beneath the surface of the above described lot, pieoe or parcel of ground and of the adjaoent streets and alleys and mine, prospect for and extract any and all of said ores, minerals, metals and mineral and quarts bearing earth and rook within or belonging to the above described lot, piece or paroel of ground and the streets and alleys adjaoent thereto, by and through underground workings beneath a horlsontal plane parallel to and fifty (50) feet below the natural surface of said premises, and of the said streets and alleys adjacent thereto*
TOGETHER with, all and singular, the tenements, heredita ments and appurtenances thereunto belonging or in anywise apper taining, and the reversions, remainders, rents, issues and profits thereof.
TO HAVE AND TO HOLD, all and singular, the said above described lot, pieoe or parcel of land, together wj. ***-'-'--> tesances thereto Incident, unto the said party of the seoond part, hia heirs and assigns, forever*
IN WITNESS WHEREOF, the party of the first part has
.15-
PNYC00008564
caused these presents to tie executed by its officers thereunto duly authorized, and its corporate seal to be hereunto affixed, the day and year first above written.
ANACONDA COPPER MINING COMPANY,
(C.S.)
.
ATTEST j
By J. R. KOBEINS, Its Vice President.
___________. B. FRAZER, Its Assistant Secretary.
STATE OP MONTANA, as.
County of Silver Bow.
On this 3rd day of September, in the year 1936, before me, J. D. Murphy, a Notary Public within and for said County and State, personally appeared J. R, HOBBINS, known to
me to be the Vice President of the Anaconda Copper Mining Company, the corporation that exeouted the within instrument, and acknowledg ed to me that such corporation executed the same*
IN WITNESS "WHEREOF, I have hereunto sot my hand and affixed my Notarial Seal, the day and year In this certificate first above written.
(H. S.)
J. D. MORPHY '__________________
Notary Public for the State of Montana,
"
residing at Butte, Montana,
My Commission expires October 13, 1938.
THIS DEED, made the 4th day of September, A. D 1936, by the Anaconda Copper Mining Company, a corporation organized and existing under and by virtue of the laws of the State of Montana, the party of the first part, to Amos C. Felt, whose post office address is Anaconda, Deer Lodge County, Montana, the party of the second part, WITNESSETHI
That the said party of the first part for, and in con sideration of the sum of One Thousand Seventy Five Dollars ($1,075.00), lawful money of the United States of America, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, grants unto the said partv ^ the second part, subject to each and all of the exceptions, reserva tions and conditions hereinafter set forth, the following describ ed real property situated in the Western Addition to the City of Anaconda, in the County of Deer Lodge, State of Montana, to-witi
Lots numbered One and Two (1) and (2), in Block
ij
|i
numbered Nineteen (19), in the '.Tea tern Addition to the City of
Anaconda, according to the official plat and survey of said addi
tion now on file and of record In the office of the County Clerk
and Recorder of said Deer Dodge County, Montana, to v/hich official
plat and survey reference is hereby made for a more particular
description of said lots.
There is, however, reserved and excepted from this convey
ance, unto the party of the first part, its successors and assigns,
all water, waters and water rights from Warm Springs Creek, or any
of its tributaries belonging to or appurtenant to the above des
cribed premises, or any part thereof, or heretofore used upon
said premises, or any part thereof. This deed of conveyance is also made and accepted by the
bit
said party of the second part, subject to all conditions, ex
ceptions and reservations contained in any United States patent,
or in any deed of record exeouted to the said party of the first
part, or to any of its grantors, or their or either of their pre
decessors in interest,and subject to all reservations and excep
tions made by law affecting the said premises.
'`
-/I
This deed of conveyance ia also made, delivered and aooepted
l1*
on the following express conditions subsequent, and eaoh and all
'
\
of the said conditions shall run with the land and premia ea, and
eaoh of which ia one of the material considerations without which
this deed of conveyance would not be executed and delivered, visi
:
(a) The said party of the second part to pay all county,
state, oity and echool taxes and all taxes and assessments that
have bean heretofore or may be levied or assessed upon or against
^ said land, or on account of the same, on or after the 25th day of
August, 1936, and the eame to be paid before such taxes or assess
ment shall become or be delinquent. \b) The said party of the second part to pay all taxes or
assessments levied or assessed on or after the 25th day of Au
gust, 1936 against said property for improvements, special or
,
PNYC00008566
otherwise, and all costs, expenses, oharges, assessments and taxes levied or assessed for any paving, sidewalks, sewers, parking, lighting or other improvenjejits of every kind and oharaoter
:
whatsoever, whic'n have been levied, assessed or charged on or after the 25th day of August, 1930, against said property, or on account thereof, whether the same be levied against or in the name of the party of the first part, or otherwise, and such pay ment of the same to be made by the said party of the seoond part before the same aha11 become delinquent.
(o) The said party of the seoond part to pay all charges, expenses, costs and tax^s caused by the creation or making of any special improvement district, or by the creation or organisation of any improvement district, or by the improvements, made under any improvement district, whether said improvement districts are now created or organised or may be hereafter created or organised and whether such charges, expenses, costs and taxes are now assess ed or levied, or may be heroafter assessed or levied.
(d) That any dwelling house built, erected or constructed, upon said property shall cost at least Eighteen Hundred Dollars (|180000). The said party of the seoond part to pay for all labor and materials and all expenses of every kind and character incurred or occasioned In, by, or about the building, construe-tion or erection of said dwelling house.
(e) That the front of any dwelling house, including porch or porches, or any other part of any dwelling house shall be built at least twenty-five feet back from the property line, that is to say, any dwelling house, or any porch or any part of any dwelling house shall not be nearer to the street running in front of the lot upon which any dwelling house is built than twentyfive feet, and for said twenty-five front feet of the lot upon which any dwelling house is built, that is to say, for a die- tanoe of twenty-five feet back from the front boundary line of . the lot upon which any dwelling house is built no building, structure, or part of any building or structure shall ever be ereoted, constructed, placed, or maintained or allowed to be
situated thereon. (f) That only two dwelling houses shall ever be ereoted,
constructed, maintained, used or placed upon said lots, that is to say, only one dwelling house for each lot shall ever be ereoted.
-16-
PNYC00008567
maintained or used upon said lota, and no cabin or other houses
for lodging, residence, or business purposes shall ever at any time be ereoted, constructed, maintained, plaoed or used upon said lots other than the dwelling houses above referred to, but
this condition shall not be so construed as to prevent the re building or replacing of the dwelling houses above referred to,
nor shall the foregoing condition be so construed as to prevent the grantee, if he desires to build and use only one dwelling
house on said lots, from building such dwelling house upon the
dividing line between said lots, the said grantee otherwise
complying with the conditions above set-out.
And in oase of a violation of any of the conditions or pro
visions of subdivisions (a), (b), (o), (d), (8) or (f) above,
or if the said party of the second part, his heirs, executors,
administrators, or assigns, should fall to oomply with any of
said conditions or provisions, above set-out, then and thereupon
the said premises, and all tenements and appurtenances .thereunto belonging, shall revert to and revest in the said party of the first part herein, its successors and assigns, without the
necessity of any notice of forfeiture, demand for possession or
re-entry and without any claim for damages or compensation to the
party of the second part, his heirs, executors, administrators or
assigns. .
IH WITHESS WHEREOF, the party of the first part has caused Its corporate name and seal to be hereunto affixed by its proper officers, thereunto duly authorised, the day
and year first above written.
(C.S.)
ANACONDA COPfflSl MINING COMPANY,
ATTEST|
g. B. FRAZER. Its Asat. Secretary.
By "
J. R. HOBBINS. Its Vice President.
STATE nx> MONTANA l sa.
County of Silver Bowl
PNVC0000856a
On this 4th day of September, in the year 1636, before me, j. d. MORPHY, a Hotary Public within and for said County and State, personally appeared J. R. HOBBINS, known to me to be the Vice President of the Anaconda Copper Mining Company, the corpora tion that executed the within instrument, and acknowledged to me
that suoh corporation exeouted the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
-17-
(N <S .)
__ _
J. D. MURPHY.
Notary Public ror the state or Montana.
Residing at Butte, Montana,
iiy Commission expires October 13, 1936.
QUITCLAIM FOR RIGHT OP WAY
THIS INDENTURE, Made this 4th day of September, 1936, be
tween ANACONDA COPPER MINING COMPANY, a corporation, party of the
first part, and RAVALLI COUNTY, a municipal corporation and legal
subdivision of the State of Montana, the party of the second part,
WITNESSETH!
That said party of the first part for and in consideration
of the sum of Ten Dollars ($10.00) to it in hand paid, the re
ceipt whereof is hereby acknowledged, has remised, released and
quitolaimed, and by these presents does remise, release and quit
claim unto the party of the second part an easement or right of
way for road purposes over, upon and across the following piece,
parcel or belt of land, situated in Ravalli County, State of
Montana, to-witi
A Belt or tract of land located and lying in the NW^ of NEj and the NE$ of the NW of Section 27, and the e of the SW of Seotion 22, all in Township 2, North of Range 20, W., M.P.M., being of variable width as related to and parallel with the following center line.
A strip of 100 feet in width, being 50 feet on either side of the center line. Beginning at a point (survey station 1070+53 of said highway) said point lies on the south boundary of the NEnw, 8eo. 27, T 2 N., R. 20 W,, and approximately 1320 feet south ana 106 feet west of the quarter corner common to Sections 22 and 27, T. 2 N., R* 20 W.,J thence N 13 30i* E,, for a distance of 47.0 feet to survey station 1071+00 of said highway; thence a strip of land ISO feet wide measured 100 feet on the left and 50 feet on the right of the oenter line of said highway which bears N. 18 60j* E. for a distance of 266.6 feet to survey station 1073+55.8 of said highway; thenoe along the arc of a spiral 7 curve to the left for a distance of 1142.4 feet to survey station 1034+98.0 of said highway; thence K. 3323> W., for a distance of 302.0 feet to survey station 1088+00 of said highway; thenoe a strip of land 100 feet wide measured 50 feet an each side of the oenter line of said highway which bears N. 3323* W. for a distance of 963.8 feet to survey stetlan 1097+53*8 of said highway; thenoe a strip v.J Itnd 100'fa-t wide, measured 50 feet on eaoh aide of the oenter line of said highway which continues along the arc of a 8 ourve to the left for a distance of 400 feet to survey station 1101+93*5 of said highway; thence a strip of land 150 feet wide, measured 100 feet on the left and 50 feet on the right of the center line of said highway which continues along the arc of a spiraled 5
6
curve to the left, a distance of 638.2 feet to a point( survey station 110S+92 of said hi^nhway) which 3aid point lies on the west boundary of the NEiSEf, Seo. 22, T. 2 N., R. 20 w., and approximately 1320 foot oast and 835 foot south of the quarter corner common to Soctiona 21 and 22 5. 2 II., R, 20 W., U.P.U.
I i. I' , ;
..'if \
It is the intention and understanding of the parties hereto
to quitolain a perpetual easement and right of way, as hereinabove
described, for the purpose of using the same as a public highway*
provided, however, that if the land heroinabove described, or any part thereof, ceases to be used as a public highway, then the ownership, right, title and interest herein conveyed shall im
.3$ij! ,.;S$ *
mediately revert to and revest in the party of the first part,
its successors and assigns, to the extent that such public highway
may be abandoned or discontinued.
The party of the first part having quitclaimed an easement
or right of way thought to be perpetual in extent and for the use
and benefit of the public as a highway, the party of the ae nd
part hereby assumes with roferenoe to the above described land all
the rights, obligations and burdens of ownership attendant thereto
during the period of suoh use and occupancy.
It is further understood and agreed by and between the
parties hereto that the party of the second part will at its own
proper oost and charges, and without expense to the party of the
first part, dispose of all brush, slashings, litter and debris
resulting from the cutting of timber along the strips or belts of
land hereinabove described, which disposal shall be done in such manner as to promptly remove the fire hazard resulting from suoh
i t
brush and the work of brush disposal shall be oarried on con
currently with the clearing as the same proceeds.
It is further the understanding and intention of the par
ties hereto that the party of the first part, its agents, servants
and contractors, and its successors or assigns, specifically re-
r *ight to log over and across the lands herein described;
whenever in the usual course of business it may become necessary,
advisable or convenient for the party of the first part, its
agents, servants, contractors, successors or assigns, to tr&na-
port logs over and across the strips or bolts of land herein oon-
veyedj that is to say, the said party of the first part, its
_ia.
pNYC00008570
agents, servants and contractors, as well as its successors
assign*, reserve a dominant and superior easement and right of way across the rights of way hereinabove conveyed, for the pur pose of oonatruoting logging roads and logging railroads over which to transport logs and other forest products and goods, supplies and material used in connection with the logging opera tion* of the party of the first part, its successors or assigns; it being the purpose and intention of the parties hereto that suoh use by the party of the first part shall not be permanent and that all tracks and other obstruction* will be removed by the party of the fir*t part upon the completion of the particular logging operation in connection with which such use may be en joyed; in this connection it is understood and agreed between the parties hereto that the said logging operations when so conducted across said premises, shall not in any way interfere with or en danger traffio upon the said highway or injuriously affect the grade or surface thereof*
As to certain of the lands hereinabove described, easements thereover may have been heretofore granted by the party of the first part herein for ditches, pipe lines, or other rights of way, and as to suoh previously granted easements, it is the in tention of the parties hereto that the *>erfcy of the second part
take* hereunto subject to suoh prior easements, and in oases of conflict between the easements and rights of way herein granted and previously granted easements running from the party of the
first part herein, it shall be the obligation of the party of the second part to obtain grants of possession or other, appro priate releases from the former grantees of the party of the
first part herein, or their suooessors in interest.
IK WITNESS WHEREOF, the party of the first part ha* ...... paused its corporate name and seal to be hereunto ' ai*w.*ed by 1 to proper officer*, thereunto duly
authorised and empowered.
a^teM
K. B. FRAEeR> It* Aast. Secretary.
A5AC0HDA COPPER MINING COMPANY, By T Ri HQBBIN31 Its Vice President.
PNYC0Q008571
-20-
On tills 4th day of September, 1936, before me, the undersigned, a Notary Public In and for said County and State, personally appeared J. R. HOBBINS, known to me to be an officer, to-wit, Vice President of ANACONDA COPPER MINING COMPANY, the
corporation that executed the foregoing instrument, and acknowledg ed 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 year in this certificate first above written.
(N.S)
....................... _ __ J D. MURPHY, Notary Public for the state of Montana,
Residing at Butte, Montana, My Commission expires Ootober 13, 1938,
!1 !
PROJECT 8-N
QUITCLAIM OP EASEMENT
MINERAL COUNTY.
THIS INDENTURE WITNESSETH, that the ANAGO NDA COPPER
MINING COMPANY, a corporation organised and existing under and
by virtue of the laws of the State of Montana, whose post-office
address is Butte, Montana, party of the first part, for and in
consideration of the sum of FIVE HUNDRED AND NO/lOO DOLLARS
($500,00) lawful money of the United States of America, to it in
hand paid by the STATE OP MONTANA, by and through its State High
way Commission, whose post-office address is Helena, Montana,
party of the second part, does by these presents, remise, release,
convey and quitclaim unto said party of the first part, in and to
the following described real property, situated in Mineral County,
State of Montana, .
'
A tract of land in the BEiNE See, 25 Ti 18 N, R, 28 W'. K.P.M., Mineral Ccmntty,"more ' particularly described as follows j
Beginning at a point on the northerly right of way
line of the Chicago, Milwaukee, St,Paul and Pacific Railway Com pany from which the east quarter section corner of said Sec.25,
T.18 N.R.28 W.,bears S.3545`E.,617.0 feet,more or less, thence
from the said point of beginning N.2343'E.,503.1 feet, more
or less, to a point an the southerly right of way line of the Wallace branoh of the Northern Paoifio Railway Company, thenoe along said southerly right of way line of the Northern Pacific Railway 42 feet;'''"-"* mith 6720W,, 684 feet to a point on the northerly right of way line of the Chicago, Milwaukee, St.Paul and Paoifio Railway} thenoe along said northerly right of
way line S. 5838* B.,47B feet to the point of beginning and con
taining In all 3,00 acres, more or less.
Also a strip of land 40 feet wide for right of way
purposes in the SE^NEj Sec. 26 T. 18 N, R, 28 W, M.P.M.,Mineral County, Montana, more particularly described as followst
which said point bears northerly along said east line a distance
of 1031*9 feet, more ar lass, from the east quarter corner of said Sec. 36) thence from the said, point of beginning N. 49 46* W., 466.9 feet, mo e or less, to a point on the north line of said. pENEl thenoe easterly 64.8 feet along the said north line of
said SE^NEji thence S 49"46^ E., 3S4..6 feet, more or less, to a point on the east line of said Sec. 25} thence southerly along the east line of said See, 25 to the said point of beginning and con taining in all 0.39 of an acre, more or less*
TO HAVE AND TO HOLD, the said premises, with all the
appurtenances, into the said party of the second part, and to its successors anid assigns forever.
IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed by its officers there
unto duly authorized, and its corporate seal to be hereto affixed this 10th day of September, A. D. 1936.
ANACONDA COPFER MINING COMPANY,
(e.S.)
ATTEST! _________ K. B. FFAZER.
Asst. SecretaryT
By
J. R. BOBBINS. Its Vioe President.
STATE OF MONTANA us .
County of Silver Bow.
On this 10th day of September, A* D. 1936, before me, the undersigned, a Notary Public for the State of Montana, per sonally appeared J. R. BOBBINS, known to me to be the Vioe President of the Anaconda Copper Mining company, 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 year in this certificate
first above written.
-
J. D. MORPHY,
_________ _
Notary public for the State of Montana,
(N.S.)
Residing at Butte, Montana*
. My Commission expires Oetober 13, 1938*
THIS INDENTURE, Made and entered Into this 3rd day of September, 1936, by and between ANACONDA COPPER MINING COMPANY, a Montana corporation, party of the first part, and LENA BUTCHI, whose post offloe addrocd " -/att~i Silver lrr County, Montan* party of the second part, WITNESSETHI
That said party of the first part, for and in con sideration of the sum of One Dollar ($1.00), and other valuable considerations to it paid by the party of the second part, the receipt whereof is hereby acknowledged, does hereby remise, re
-22-
PNrC00008573
lease and quitclaim unto the said party of the second part, her
heirs and assigns, forever, all of its right, title and interest
in and to the following described property, situated, lying and
being in the County'of Silver Bow, State of Montana, to wit!
The surface only of portion* of the Bettie Lode Claim. Survey No. 1261} the Comstook Lode Claim, Survey j{o. 5850} and
K. A. 801 Placer Claim, Sections 8 and 17, Township 5 North, Range 7 West, M.P.M., more particularly described as follows, to witl
Beginning at the Southeast oorner of said lot on the West edge of the Main Highway, from which the S. V7. Cor. #1 of the Bettie Lode, Survey No. 1261, bears N. 85 20| W 496.11 ft.} thenoe H. 86 05^* 7/. 121.12 ft.} thence ff. 7 Q4|* E. 67*92 ft.}
thence S. 86 20* E. 139.24 ft.; thenoe S. 21 383* W. 71.80 ft. along the edge of the Highway to the place of beginning.(Covering an area of about 8800 aquare feet.)
Excepting from such description a portion of that
oertain mining claim known as and called the Comstock Lode Mining
Claim Survey No. 5880, more particularly described as follows, to wits
Beginning at the northwest oorner of the tract hereby
conveyed, a point on the north boundary of said survey Ho. 5850, from which corner No. 1 of said Cbmatook Lode bears south 86 degrees 26 minutes west 346.5 feet and running thence north 86 degrees 26 . minutes east along said north boundary 86 feet to the northeast
corner of said traot hereby conveyed, thenoe South 16 degrees, 41 minutes west 22.4 feet to the southeast oorner of said traot, a point an the south boundary of Section 8, fractional township 3
North, Range 7 West} thenoe south 88 degrees, 57 minutes west along said south boundary 80.3 feet to the southwest corner of said traot, thenoe north 2 degrees 57 minutes east 17.6 feet to the place of beginning, together with as much of the underlying
soil as is necessary to furnish adequate support for the surface hereby conveyed the depth of such soAl to be at least fifty feet.
Expressly excepting and reserving from said grant,
however, and from the operation thereof, all mines, minerals,
metals, veins, leads, lodes and ledges and mineral and quarts
bearing earth, rock and deposits beneath the surface thereof or
within or belonging to the above described lot, piece or parcel of
ground, and also all extralateral rights on all veins apexing
therein or appurtenant or belonging to said land and under the streets and alleys adjoining the same, together with the right <m
the part of the said party of the first part herein, its successors
and assigns, to enter beneath the
'"'.oc r* the above described
lot, pieoe or parcel of ground and of the adjacent streets and
alleys and mine, prospect for and extract any and all of said
ores, minerals, metals and mineral and quarts bearing earth and
rock within or belonging to the above described lot, pieoe or
paroel of ground and the streets and alleys adjacent thereto, by
23-
PNtcooooa57`*
and through underground workings beneath a horizontal plane parallel
to and fifty (50) feet below the natural surface of said premises,
and of the said streets and alleys adjacent thereto.
TOGETHER with, all and singular, the tenements,
hereditaments and appurtenances thereunto belonging or in anywise
appertaining, and the reversions, remainders, rents, issues and
profits thereof.
,
TO HAVE AND TO HOLD, all and singular, the said above
described lot, piece or parcel of land, together with the appur
tenances thereto incident, unto the said party of the seoond part,
her heirs and assigns, forever.
IN WITNESS WHEREOF, the party of the first part has caused these prosonts to be executed by its officers, thereunto duly authorised, and its corporate seal to be hereunto affixed, the day and year first above written.
ANACONDA COPPER MINING COMPANY,
(C.S.) ' ATTEST|
ByJ. R. BOBBINS, Its Vice President.
E B.- FRAZER. _________ _ Its Assistant Secretary.
STATE OF MONTANA, 88
County of Silver Eow,
,
On this 3rd day of September, in the year 1936, before me, J, D. Murphy, a Notary Public within and for said County and State, personally appeared 3. R. HODBINS, known to mo to be the Vloe President of the Anaconda Copper Mining Com pany, 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 year in
this certificate first above written.
(N.S.)
_______ J. D. MORPHY. Notary Public for the State of Montana,
residing at Butte, Montana. Hy Commission expires October 13, 1938.
There being no further business to ooma before the meeting, the meeting thereupon adjourned.
Secretary.
Chairman.
PNYC00008575