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HomeMy WebLinkAbout00- Cook & O'Malley Public Street and Utility Easement (2) ... PUBLIC STREET and UTILITY EASEMENT Philip s. Cook and Salie B, O'Malley, GRANTORS, in consideration of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, grant unto The City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main Street, Bozeman, Montana, 59715, GRANTEE, its successors and assigns, a perpetual street and utilj.ty easement for the use of the public, in, through, over and across a strip of land situated in Gallatin County, Montana, 60 feet wide to be located on the following described real property: Tract 2, 3 and 4 of Van Horn Subdivision, located in the SW1/4 of Section 11, '1'28, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit(s) A and B, which by this reference are made a part hereof. The GRANTORS state that they possess the real property described above and that they have a lawful right to grant an easement thereon. The GRANTORS further agree that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without interruption by the GRANTORS. The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assig11s of the parties hereto. DATED this ...,,::~ day of~Udt- 2000, city of Bozeman. yRANT9~S , (I '.0 0 I ~ By~._~j1/~&1~~ -0~ -!r<<-e-t. h~J~r (S.(~-r-l2 tt/vL~~jl.i! 0 . 'IY'AJ.. Kim E. Walker, attorney-in-fact f:f.or Phl.lip S. Cook and Salie B.J'Mallcy ) ) ss. County of Gallatin) On this I~drr;:t day 04 I.JJMJJI.)/, undersigned, wNQtary P1fb~iP~e appeared 4\.NYVl r{j~U the the person whose name is subscribed to and acknowledged to me that he did execute STATE OF MONTANA 2000, before me, the State of Montana, personally , known t:o me to the within instrument, the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and Yearr;r;;.;:.?0.bO ~.~.i ~nt. en.. (SEAL) \ J, ' /' , ~W _____ \\\11111/1',/ Notary Public for the State of Montana ,\\ ' 'IJ ...' O\,..\,,;SC -'/, R d t B ,.....'.no. ,ct.... ......... ,1..',,, esi ing a ozeman :/ 'r".~",""..;O>.-:';' My Commission Expires I ~:'~OlARJ~'l.\~ \ ~ 1;:' SEAL'- : '* .: ; .. .. ::: -:;'~" ..~.... ~~." t~~,~ ........ ):?;;.........;..cl?' "--' "// OFf..fO~\,\' . I; ! , ; ': 1 ~ .1' \ \ ';, 1. \ '\ - /1 J(3/P3..,"_.....m. 1111111111111111111111 Shelley Vanoe-Gallatin Co MT MISC 2010114 Palile: 1 of 4 04/06/2000 02:35P 24,00 CITY OF BOZEMAN by its City Manager : t ACCEPTED: " 11111111111111111111 ~!;~:~l:~~p Sh.ll.y Vano.-Gallattn Co MT MISC 24,00 C:.':- \..-\ --. A~1l3;i,J~ Clerk of tne City Commission STATE OF MONTANA ) )ss, County of Gallatin ) On this 20~ay of _~ ,2000, before me, the undersigned, a Notary Public for the State of Montana, personally appeared CLARK V, JOHNSON and ROBIN L, SULLIVAN, known to me to be the City Manager and Clerk of the City Commission for 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, ,,(t,_.~,'n";-it'r"1't'i1 . '-".... Jj~'.,..,. . ~~ ,...tr....". <~""~' ,',~1;'...'of~"",,~' " ..~:' tzj:..\ \ C) " , = ~ ~, S; r~:, . '>~ .,. ,. ~ f "'1' " ':~ ". ~ ..: ~, oft,' H 1'... ::-. ,0.,. -~ .,., I.., , ' ..... .;:~' '".1;. ........ '.,J.">-.' " ' ':.' ~i/\t.. W!L'l>Gl~',-- Notary Public \fc;r the~te of Montana Residing at Bozeman '7 1'7 __ .. My Commission Expires ,,:/ ( ~ ') / u ~ , J 11111111 ""11"1111 II Shelley Vance-Gallatin Cc MT MISC 24,00 2010114 Palle: 3 cf 4 04/06/2000 02:36P EXHIBIT A Public street and utility Easement A tract of land being a portion of Tracts 2,3 and 4, Van Horn Subdivision, Located in the SW1/4 of Section 11, T2S, R5E, P.M.M. , City of Bozeman, Gallatin County, Montana : being more particularly described as follows: Beginning at the intersection of the west line of said Tract 2 with the easterly prolongation of the north right-of-way line of Ravalli Street, as shown on the Plat of Valley Creek Subdivision, phase I, Gallatin County records. Thence, easterly to the intersection of the east line of said Tract 4 with the north line of Ravalli street as shown on the Plat of Minor Subdivison No. 223, Gallatin County records. Thence, southerly on the east line of said Tract 4, 60 feet more or less, to the intersection with the south line of Ravalli street as shown on said minor subdivision plat. Thence, westerly to the intersection of the west line of said Tract 2 with the easterly prolongation of the south right-of-way line of Ravalli street, as shown on said Plat Of Valley Creek Subdivision, Phase I. Thence, northerly on said west line, 60 feet more or less, to the point of beginning. Said easement contains 17976 square feet, more or less. ~. ' , .. EXHIBIT "8" '~ I <t a: o .,. WEST BABCOCK N89'15'JODE 197.70' 10 45' ROAD EA UENT L-_ I I I I I I I 1-~["9 I JJ' OTY a:; BOZEUAN I I I"^,, , I "'0' I ,,^" , i II Qf'N SUl1t VAN H \ I I I , I I I~ ~.ACT .A 140 tJlrJO~ SUB, w Tn 1 $llB ~ ~ VAN HoRN ~ * 5~ :oi!: N 9'15' JO"E 100,00' J_92-A rR ACT 1 ZONED R-.3 ~ Sl ~ :s pH I EK 5 8. VAL RAVALLI ST ~O' PUBliC 5TREnl I EASEUENT }'J 0 I ~ IE I = 0 :oi!: I stJ . ,..H II ~ I I g I I I VALL ~ I I I ~ l::l ::... I I I ~ I I I ~ ~ I I I ~ I \,) S89'16'JO"W JOO.80' 1111111111111111111111 ~~ ~:~:1 :~, ~p Shelley Vanoe-Gallatin Co MT MISC 24,00 , ~----I , PLAHfO~ ~I WEST BABCOCK LOT 1 LOT .4 223 R StJ . MIN LOT 2 5:::: a Q:: ~ a Cl.. .3 b N ,..-; N ..., ~ ;... N ~ ~ <3 <Il LOT 3 100 " 0 ~- 1'0 JOO 4SO 600 I SCALE 1'", 150' <JARROWHEAD SURVEYING P.O. BOX 3743 BOZEMAN. MONTANA 59722 PH (406) 587~2220