The URL can be used to link to this page

Home My WebLink About17- Public Street and Utility Easement - CHS Inc. - Lot 12, Block B, Marwyn (Blackmore Bend) Return after Recording: The City of Bozeman 121North Rouse Avenue Bozeman, MT 59715 PLATT:]j�-) 2593373 Page: 1 of 4 09/20/2017 04:23:45 PM Fee $28.00 Charlotte Mills - Ga11atin County, MT MISC 111111111111111111111111,�11��I,11 IN 111111111111111111111111111111111111111111111111111111111111 PUBLIC STREET AND UTILITY EASEMENT CHS Inc., GRANTOR, in consideration of$ 1.00 and for other and valuable considerations, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual street and utility easement for the use of the public, in,through, and across the property ("Property") situated in Gallatin County, Montana, and described as follows: Parcel I: Lot 12 in Block B of Marwyn, a Rearrangement of Blocks 13, 14, 15, 18, 19, 20 and adjacent vacated streets of Northern Pacific Addition to Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Plat III: Commencing at a point 45 feet East of the Southeast comer of Block 24, Northern Pacific Addition to Bozeman, Montana, as a point of beginning; thence northwesterly along the south right of way line of U.S. 10 a distance of 155 feet to a point; thence South a distance of 92 feet to the center of vacated East Babcock Street to a point; thence East 126 feet along the centerline of vacated East Babcock Street to a point; thence northerly 37 feet to a point of beginning, as recorded in Film 47, page 2302. The easement area is depicted on the attached Exhibit A which by this reference is made a part hereof and the easement area is more particularly described as follows: Beginning at a point which is the Southeast Corner of Lot 12 of Block B of Marwyn Addition, Township 2 South, Range 6 East, P.M.M.: thence N14°52'59"E, a distance of 96.02 feet; thence N16°52'57"W, a distance of 37.02 feet; thence S66°54'40"E, a distance of 59.13 feet; thence S33°02'13"W, a distance of 125.30 feet to the Point of Beginning. Prior to GRANTEE commencing construction in the easement area, GRANTEE shall meet with GRANTOR'S representative to advise GRANTOR'S representative of the tentative construction schedule for the easement area and to formulate a plan to minimize unreasonable interference with GRANTOR'S business operations. Should any damage be caused to the Property outside of the easement area during the construction period, GRANTEE will be responsible for restoring the Property at its sole expense, and leave the finished surface in substantially the same condition as existed prior to the beginning of construction. Any modification to this easement or additional modification assumed by either party in connection with this easement shall be binding only if evidenced in writing and signed by each party or an authorized representative of each party. The parties agree that this easement shall be governed by the laws of the State of Montana. The GRANTOR states that it possesses the Property and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE 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. ��\5199i54111111l1j✓ DATED this /S�day of , 2017 �,• Grantor: a ` 6 CHS Inc.. By: 1 Lynden E. Jo son Its: Executive Vice President By: �-K�, Esther I. Longseth Its: Assistant Secretary STATE OF MINNESOTA ) :ss County of Dakota ) On this day of n.e— , 2017, before me the undersigned, a Notary Public for the State of Minnesota,personally appeared Lynden E. Johnson and Esther I. Longseth known to me to be Executive Vice President and the Assistant Secretary, respectively, of CHS Inc. and the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the within instrument for and on behalf of CHS Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) HELEN MARIE DREYLING y Notary Public-Minnesota - yyy, My Commission E*rss Jan 31,2021 Notary Public for the State of Mnnesyy d... .y. HELEN MARIE DREYLING Notary Public-Minnesota (Printed Name) ply commission Expires Jen 31,2021 d� � Residing at /Ty D 07a_� My Commission exp res / / / /20 2-1 ACCEPTED: B Cl OF BOZ O c .�' bkm.T4 • r I ."y • City Manager ATTEST: w�: G �•"`--r'��•'� • ' 1883 • T City Clerk TIN eo. STATE OF MONTANA ) :ss County of Gallatin ) On this_� day of��- , 2017, before me, a Notary Public for the State of Montana, personally appeared� ,� �� Ck an �b�1 h LrO LA ra� , known to me to be the City Manager and 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. oASy�F., BRENDA SWEENEY Notary Public A , c " o n q cQ No1nR�gi�<.,for the State of Montana Notary Publicor the State of ntana Residing at: *U. SEAI,.�Q`= E3ozeman, Montana `%7;�; ? My Commission Expires: (Printed Name) OF December 02,2018 Residing attj�o v��, , MT My Commission Expires 1�/ _:I, 0-Le— z mma� o c =_ CoJ 5g N e d E-5 y < =$ p p ££ y Z L r S=oE 'a EL R �b F '5 � + p oco •� E C7 at p�E_p JW 'i _ gg r� IS o g O `os pmzzc7ir/� o S'?,c = 5 Q to rF �SSEE is m CL CO W FW \ \ \ LCLI ` G / \ W W o � ago � 0 � I- In H _I vi°j �v Z�NN e pq od a m Lu W = 3 0/ 96 3.69 Fry - _ �e _ N M $ 2 -16 m / Qy / o � �� F z--�a—-•cc� s tip Z _ 3 �cLv`r'SS / 0o Z 3