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HomeMy WebLinkAbout16- Easement - Pacific Railroad Company Right of Way on Butte Addition iZekur r �-a ', C_*W) Cw-1L S`� l2 3a PLATTED 2548401 Page: 1 of 3 06/17/2016 03-14:20 PM Fee: $21 .00 Charlottlel Millls - Glallatin County, MTI MIsc I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIIIII (IIIII IIII IIII ACCESS AND UTILITY EASEMENT The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 N. Rouse Avenue, Bozeman, Montana 59715, GRANTOR, in consideration of$ 1.00 and for other and valuable considerations, receipt of which is acknowledged, grants to Gordon S. Fowler and Beverly I. Fowler, with an address of 1781 Fir Crest Court, Bozeman, Montana, 49715, the owners of Lot A,Amended Plat C-35B, Block 20, Butte Addition to the City of Bozeman, Gallatin County, Montana, and portion of abandoned railroad right-of-way adjacent to said Lot A, GRANTEES, a perpetual access and utility easement for the use of the Grantees, in, through, and across a strip of land situated in Gallatin County, Montana, 30 feet wide to be located on the following described real property: A portion of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right of way as described in Parcel III of Film 92, Page 4612 of Gallatin County records, located in Block 20, Butte Addition to the City of Bozeman Gallatin County, Montana, also known as Tract 3 of Certificate of Survey 1571. The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. The GRANTOR states that they possess the real property described above and that they have a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEES may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATED this Z day of ) 2016. CITY OZ MA b _ Ae,S i City Manager ATTEST: �.l s s • • r n h'� L � ems• h► ,--City Clerk E o ; -,� '� : STATE OF MONTANA x '•," °° ; ` �•s ° n a * G�. County of Gallatin On this--L�t day of , 2 61 before me, a Notary Public for the State of Montana, personally appeared C RIS KUKULSKI and PEARL MICHALSON, known to me to be the City Manager and Deputy/Interim City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) """'' CORIE THOMAS Notary Public f1,orltth�eState of Montana ` OP�E THp�9, Notary Public { L _7�``��//Lu S V�p•cnaj,�s for the State of Montana (Printed Name) Residing at: Residing at rnT'*• SI::�l..�;; Belgrade, Montana My Commission Expires: M Commission Ex Tres 1 / /20••'��'-� �9�OF Mn� June 19,2019 y i EXHIBIT A FD 3/4" ACCESS AND UTILITY EASEMENT O.D PIPE I ACROSS A PORTION OF THE ABANDONED CHICAGO,MILWAUKEE, FD YPC i M ST.PAUL&PACIFIC RAILROAD COMPANY'S RIGHT OF WAY AS 5653Es" o DESCRIBED IN PARCEL III OF FILM 92 PAGE 4612,BEING IN BLOCK to 20 OF THE BUTTE ADDITION TO BOZEMAN,LOCATED IN THE NW > 1/4 OF SEC.18,T2S,R6E,P.M.M.,GALLATIN COUNTY,MONTANA I GRANT STREET FD YPC "5606S" S89'59'19"E 160.02' -'14 0.16' SOUTHEAST 115.83' 20.26' 17.37/ 6.56 OF CORNER I / � LOT h / / 1 FD PIPE LOT 2 � / 15" DOWN 0.41' NORTHEAST OF CORNER i f 1.5"AC LOT 3 / 8962ES" V) to z PLATTED LOT O d. LINE TYP. M Z C] ap LOT 4 O O' L � 4 T ? z W a OP° °jry ti� L z a o LOT 5 �ry `�:Tv 05 O U z z BLOCK 20 a W z r-� W I-- LOT 6 z > a — - - 'Z LOT 7 h LOT A 3 35C TRACT 3 C 0.9.NO.C_}56 � (� C.O.s NO.C- COS 1571 0 a o M z i LOT 8 15'ACCESS EASEMENT EASEMENTS (DOC 2517119 (FILM 93, PAGE 3421) o & FILM 144, PAGE 3621) 1 / / NORTH LINE C)OF LOT 9. Iy Z FD 1.5"AC /S89°55'09 / ----------L--- ----------I 1.77' / -- --t - ----------------------- / 19.21' 17.35' . / OF LTH OTLA E II N30°16'01"E 34.71' / 1 N no`' 20.22' N89'47'14"W 110.37' LOT 9 r1 ��•5 1 S30'16'01'Y7 3.37' N89°55'09"W 17.35' LOT 10 30' ACCESS EASEMENT As 30' AC ESS EASEMENT ACROSS THE CITY SHOWN ON PLAT C-35B TRAIL ORRIDOR(FILM 93, PAGE 4167) r n� v LOT D _358 FD YPC'5606S'-- LOT'1 NEW 30' WIDE 1422 SOUTNC1yILL50N 0.47 SOUTH ACCESS & UTILITY EASEMENT 520 SF o> �IATCRED AREA TO ° LOT 1z BENEFIT LOT A & THE \I `t I, " PROPERTY DESCRIBED IN i FILM 90, PAGE 1176 FD 1"O.D PIPE i 2.71'� FD la"O.D PIPE �— _ --- SURVEYOR CERTIFICATE ��+f� 0 30' 1, Steven C. Anderson, do hereby certify that this 4 I 1 1 survey was made by me, or under my direct STEVEN C � S C A L E supervision, and that the information shown hereon Q��✓{R 9 QN• AVENU BEARINE PER AMENDED PLAT C-358 G BASIS:EAST LINE OF WILLSON ' is true and correct to the best of my knowledge. +y 12251LS Dated this 1-8 day of YI ------ 2016 G THOMAS.DEAN&HOSKINS,INC. �® QUALITY� DRAWNBY:ENGINEERIN BST,S gCONSULT'ANTS ------ SiJ�d� DATE18116 1 FS: 153148 TD&16 Steven C Anderson, PLS JOB NO. B15-069 Montana License No. 12251 LS 1 CAD N0. 15069X3.dwa