HomeMy WebLinkAbout98- Balian, Private park Area public Access Easement, 1998
-...
- " ~
r IL~ 198 prn3~)59
DENNIS BALIAN AND JON] BALIAN of955 Mary Road, Bozeman, Montana 59715, the
GRANTORS, in consideration of One Dollar ($1.00) and other good and valuable consideration,
receipt of which is acknowledged, grants to the City of Bozeman, a municipal corporation of the
State of Montana, 411 East Main Street, Bozeman, Montana 59771-0640, GRANTEE, its
successors and assigns, a perpetual easement for public access purposes to provide for public
access through the private park from adjoining properties to the adjacent publie parks, over and
across a parcel of land being irregular in shape, situated in Gallatin County, Montana, and
located on the following described real property:
PUBLIC ACCESS EASEMENT
Private Park Area
Tracts 2, 3 and 4, Fowler Subdivision, according to the plat thereof, on file and of record in
the offiee of the Clerk and Recorder, Gallatin County, Montana, and located in the SE 1/4,
NW 1/4, Section 11, T. 2 S., R. 5 E. ofP.M.M.
and
That part of Tract I, Fowler Subdivision, a subdivision of part of the SE 1/4, NW 1/4, of
Section 11, T. 2 S., R. 5 E. ofP.M.M., Gallatin County, Montana, described as follows:
Beginning at the southwest comer of said Tract 1; thence northerly along the west Line of
said Tract I a distance of 213 feet; thence easterly parallel with the south line of said Tract
1 a distance of 21 feet; thencc southerly parallel with thc west line of said Tract 1 a distance
of 213 feet, more or less, to a point on the south line of said Tract 1; thence westerly along
said south line a distance of21 feet, more or less, to the point of beginning. As previously
described in Warranty Deed recorded in Book 138 of Deeds, Page 601.
Containing 6.15 acres.
The easement is more particularly shown on the attached Easement Exhibit D, which by this
reference is made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns,
and its and their agents and employees, and for the general public, to enter at all times upon the
above described easement by using existing roads or trails or otherwise by a route causing the
least damage and inconvenience to the GRANTOR, to enable public access through the private
park from adjoining properties to the nearby public parks with the said public access easement
being shown on the attached Easement Exhibit D.
THE GRANTOR AGREES THAT:
(1) The GRANTOR warrants that he is lawfully seized and possessed of the real property
described abovc, that he has a lawful right to convey the property, or any part of it. and
that they will forever defend the title to this property against the claims of all persons.
..', ,I.
fIlM 198 PME3959
(2) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any intemlPtion by the GRANTOR.
The terms, covenants, and provisions ofthis easement shall extend to and be binding upon the
heirs., executors, administrators, personal representatives, successors, and assigns of the parties
hereto.
DArED this)~,t~ay oflt~ruC( ~
GRAN'I'ORS:
{\-~~ 6~'--c-Jv~
.__..".,-""'._._.,~,~~ -"-_...._,..~-_.~._--_...._....__.,,.._.~-,,-~_..__.._._--_.._..---...-.-...---..--- .-....-
Dennis Balian
,1998.
,_.{A~~~_,."Ji~..
Jo~~iian
STATE OF MONT ANA }
}ss.
County of Gallatin }
On this /0 "day of fe,):2LUO-flj ,1998, bef()re me the undersigned, a Notary
Public f()r the State of Montana, personally appeared Dennis Balian and Joni Balian, known to
me to be the persons whose names are subscribed to the within instrument and acknowledged to
me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year in this
instnllnent first above written.
~F~~~N^
Residing at~c..:22__~<<2f<-./V _
My Commission cxpires---.l12Lr!2:LQj ,,______
SEAL
,\'(,\,\\\11. " II,
",\" 1[: r--T)! /
...' ,f \-:!111 r-! / I 1/"
...... ~ ..... '---( "
"'" ~ ..~..~ ".. / /............
........ ,-y-~
::: 4".' ...\OT A Fll/ .,' 'j.) -;:.
:: -': \~ " ' -'1 ( '. CJ :::
= *: -'- : ::
- 'SE ,* -
~ U),", AL ,: ,ff
'-c' ._..::;s...
., 'l"" ,.' ""'..."
....... $' '...,.,...\\~<..
.......~ OF MO\- ",
II "
1111111\'\\'
ACCEPTED:
--~ .--~----- -----------
CITY OF BOZEMAN
by its City Manager
AI'TEST:
~J .P~~
Clerk of the City Commission
...
~l .
STATE OF MONT ANA
}
}ss.
}
fIL,W 198 rA[tJ960
Gallatin County
On this / d;( day of , 1998, before me the undersigned, a
Notary Public for the State of t a, personally appeared Clark Johnson and Robin L.
Sullivan, known to me to be t e T y Manager and Clerk of the City Commission, and known to
me to be 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 WITNES' HEREOF, I have hereunto set my hand and affixed my offi(.:ial seal on the day
and, Yrar;fiDWrlttene.go7b " .
.,~\ . /" >, ~-^
"',~,::' ;- '. .. ~ '.'1':;:' ,~~ '~;. _,
~. . . or
~'O~~~TATEOF~~
Residjng at,~ ~7"~~--'---J--'---------------
My CQJiimission'cxpires ~~. /cY:-/ t SEAL:
, .. . ...
, .
"~I ';,
,"i
g: \c&h \')() \ %2 7( )\olllce\parkcasc
EASEMENT EXHIBIT D filM 198 PACt3961
YELL 0 WS Lqt!~ f~i~~ P~Pi!;!rRAffr~~~w!:fs'!e';;V/~~BDIVISION
LOCATED IN THE NW 1/4 OF SECTION 11, T. 2 S., R. 5 E. OF P.M.M.,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
[N89'23'3""]
OB9'23'31'
'9760 (t>
PUBLIC ACCESS EASEMENT
PRIVATE PARK AREA
PARK EASEMENT
LENGTH DIRECTION RADIUS
<D 132.78 N 00-36-31 E
~ 197,60 N 89-23-31 E
a> 134.28 S 00-36-31 W
@ 83.90 N 89-23-29 W
G> 4.95 15.00 18-55-12
<ID 180.81 35.00 295-59-21
(lJ 8.17 15.00 31-11-31
(ID 85_69 N 89-23-29 W
AREA-22,520 Sq F\
0.52 Acres
r--:r
Scale In Feet
100 0 100
I I
I
30 0 30
Scale In Meters
..
....
"
"
~
Ch..TOT ENGINEERING AND
VKJl. SURVEYING, INC,
l';
~
~ ~a9'20'08.
I--23~
. Clf11 xn,mHrlnt . structurAl ~Deerlnt . LaPd Surveyblt
614 Wen Lamme Street 406 567-1115
Bozeman. Montana 59715 Fax: 406 507-1/766
t1i4R 3 ~. 199B
F:-
-..,0
G~~
8@-
3
~SBI[NT M'tEA.
<D ....<fl., (i)
.,' RwM.OO "
t .
f .
: t'":ff I
\ ,;y. ,
/' \ ,
"0 G)~.
, <ID $"f. f\lI~, @ , ,
I
, ~,j, 'l>;- \
~,. (,-yp.
EXIS-nNG Pu8UC smo;T AND UTlUrY EASE),lENT
i M endenh<<U Street i
------ _._._-~--
'"
f
.,
-.:
~
~N ~ 07_211 (,-yp,\ t'-~
..,.. ~ ....-.
~~ ,;"'
ri:~
~- UJ
.-
.
..~
,
(
J (
,
1---.....--'
<>
<>
w,__ ~
.._~
, 'fJ EXIs11HG pUOUC StREET .AND unuTY E"SOJE;NT ':I
E ,
,
,'i'
~?J~
~fl}\
:::~g
~~
[N8919'31'rj
OM-,.'J,'
;._r21.OO
~~
I"~
~g
..-~
218.61
26916'OB"
(SB'1S'OO"W]
/fest Babcock Street
#96270(E4 )
OVER
---..-~
.'
392025
.t:t:rJf=/ filM 198PACf3962
State of Mont., County of Gallatin, 96 Filed for record MAY 28
at 2: 40 P. M., ami recorded in Book _1~ of MISCELLANEOUS
'gl:.tllIe!J tVlUZt!'& Recorder. By X~ ~L ~)
FEE: $30.00
RT: CITY OF BOZEMAN
, 19-9.2..
page 3958
Deputy