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HomeMy WebLinkAbout16- Public Use Easement - C. Holt - Bozeman to Bridger Mountains Trail RTE / MONTANAT�T�o✓At�C7�s PLATTED (' / ORDER 2546306 Page: 1 of 4 05/26/2016 02:53:33 PM Fee: $28.00 Charlotte Mills - Gallatin County, MT MISC IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 , ro�130 PROJECT NAME: BOZEMAN TO CITY OF BOZEMAN BRIDGER MOUNTAINS TRAIL Department of Parks and Recreation TOP Program PROJECT#: FHWA MT DOT 86(1) `ioT 88 oaf PARCEL#:024A 'N° "y PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTOR(S), CAMERON J. HOLT, whose address is 3691 Bridger Canyon Road, Bozeman, Montana 59715, for and in consideration of Ten and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following-described tract of land located in Gallatin County, Montana: A tract of land in the SY2SWY4NEY4 of Section 33, Township 1 South, Range 6 East, M.P.M., Gallatin County, Montana, more particularly described as beginning as a point which bears N 00 35' W, a distance of 334.09 feet and S 890 57' W, a distance of 2065.19 feet from the E% corner of said Section 33, said point being on the north right of way of Bridger Canyon Road FAS370 (10) as now laid out and constructed. Thence S 890 57' W along said right of way line, a distance of 520.3 feet, thence N 10 21' W, a distance of 225.3 feet, thence S 890 59' E, a distance of 472.7 feet, thence S 13' 16' E, a distance of 230.6 feet to the point of beginning according to survey recorded in book 152 of deeds, page 488, records of Gallatin County, Montana. A public use easement to the city of Bozeman, located in the S'/2SW%NE'/4 of Section 33, Township 1 South, Range 6 East, M.P.M., Gallatin County, Montana, more particularly described as follows and as shown on the attached Exhibit A; Beginning on the south line of the easement herein described, being a point on the north right-of-way of Bridger Canyon Road, being a 1.5 inch aluminum cap road right-of-way monument, said point of beginning; Thence, from said point of beginning, N 00 28' 49" E, 73.50 feet along the east line of said tract; Thence, S 89' 01' 01" E, 62.83 FEET; Thence, S 49' 03' 33" E, 117.76 feet to the north right-of- way of Bridger Canyon Road; Thence, N 880 13' 04" W, 152.47 feet along the north right-of-way of Bridger Canyon Road to the point of beginning, and containing 0.183 acres, more or less. All improvements are the property of the CITY OF BOZEMAN, removable at its option. The failure of the GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. CITY OF BOZEMAN PROJECT NAME: BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 024A PROJECT#:FHWA MT DOT 86(1) Page 1 of 4 The above-named Grantor hereby covenants with the CITY OF BOZEMAN that said Grantor has good title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof; and shall have a free and unrestricted right to maintain said facilities as long as the right-of-way of which this easement area is a part, remains a public way. Dated this � day of �� 2016. Cameron J. Holt ACKNOWLEDGMENT OF GRANTOR STATE OF MONTANA ) ) ss County of Gallatin ) On this _T" day of �11 2016, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, Cameron J. Holt, known to me to be the identical person who executed the foregoing instrument and acknowledged to me that Cameron J. Holt signed the same as Cameron J. Holt free and voluntary act and deed, with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal this day and year above written. Notary Public in and for the State of Montana My Commission Expires: 1130/i9 RM ANTHONY GADDO Nota Public_for the State of Montana= Residing at:; Bozeman, Montana My Com im ssion Expires: January 30,2019 CITY OF BOZEMAN PROJECT NAME: BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 024A PROJECT#: FHWA MT DOT 86(1) Page 2 of 4 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN Cv" /4. Date: 5 z 3 —16 By: Chris Kukulski City Manager ATTEST: 13®z By: R0 URoUb� 'gip City Clerk '- STATE OF MONTANA ) )ss. County of Gallatin The foregoing instrument was acknowled ed efore me this day of 2016 by Chris Kukulski and known to me to be the City Manager and City C erk for the City of Bozeman and the persons whose names are subscribed to this 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 official seal this day and year above written. Notary Public in and for the State of Montana ��icH9 PEARL MICHALSON My Commission Expires: "AQC.N lI? �Q• '" '•�s'; Notary Public y`°.Noini�rgt oy=_for the State of Montana Rosiding at: Elozernan, Montana My Commission Expiros: of M March 10 2020 CITY OF BOZEMAN PROJECT NAME: BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 024A PROJECT#: FHWA MT DOT 86(1) Page 3 of 4 CURRENT OWNER: CAMERON J. HOLT 3691 BRIDGER CANYON ROAD BOZEMAN, MT 59715 L1 N 0° 28'49" E, 73.50 FEET L2 S 89° 01' 01" E, 62.83 FEET L3 S 49° 03' 33" E, 117.76 FEET L4 N 880 13' 04" W, 152.47 FEET \\\\ EXISTING PROPERTY LINE S2SW4NE4OF SEC. 33, T1S\R6E ����� PARCEL 024A PUE _=-=:=is'r=...... _ .............-' r� NEW PUBLIC USE EASEMENT POB \ EXISTING EASEMENT BRIDGER CANYON ROAD R/W LEGEND ®EXISTING EASEMENT NEW PUBLIC USE EASEMENT N AREA REMAINING A PUBLIC USE EASEMENT TO THE CITY OF BOZEMAN, LOCATED IN THE S'/2SW/NE'/4 OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 6 EAST, M.P.M., GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING ON THE SOUTH LINE OF THE EASEMENT HEREIN DESCRIBED, BEING A POINT ON THE NORTH RIGHT—OF—WAY OF BRIDGER CANYON ROAD, BEING A 1.5 INCH ALUMINUM CAP ROAD RIGHT—OF—WAY MONUMENT, SAID POINT OF BEGINNING; THENCE, FROM SAID POINT OF BEGINNING, N 00 28'49" E, 73.50 FEET ALONG THE EAST LINE OF SAID TRACT; THENCE, S 89' 01'01" E, 62.83 FEET; THENCE, S 49° 03'33" E, 117.76 FEET TO THE NORTH RIGHT—OF—WAY OF BRIDGER CANYON ROAD; THENCE, N 88' 13'04"W, 152.47 FEET ALONG THE NORTH RIGHT—OF—WAY OF BRIDGER CANYON ROAD TO THE POINT OF BEGINNING, AND CONTAINING 0.183 ACRES. 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