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Home My WebLink About95- West Babcock Street Public Street Easement and Scenic Developers/Karen Neibauer Annexation, 1995 \ , fiLM 155 fACt 1808 PUBLIC STREET EASEMENT - WEST BABCOCK STREET SCENIC DEVELOPERS/KAREN NEIBAUER ANNEXATION Scenic Developers Inc., of Bozeman, Montana, GRANTORS, in consideration of receiving annexation to the City of Bozeman along with accompanying rights and privileges and for other and valuable consideration, receipt of which is acknowledged, grant to the City of Bozeman, a municipal corporation of the State of Montana 59771-0640, GRANTEE, a perpetual street and utility easement for the use of the public, in, through, under and across a strip of land situated in Gallatin County, Montana, forty-five (45) feet wide on the south side of the south property line of the following tract of land: Lot 1 of Certificate of Survey 1840, on file and of record with the Gallatin County Clerk and Recorder's office (4.88 acres), located in the south 1/2, of the east 1/2, of the west 1/2, of the southwest 1/4, of the northeast 1/4, section 11, TS2, R5E, PMM, Gallatin County, Montana, as shown on attached Exhibit "A". The GRANTORS further agree that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any 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 assigns of the parties hereto. , ,~\ t ~ \ \ ~ t. , j , ,; :' fl, .' ,1 \) 1.-,/., e ,Y;~),o:i':,:/;:' \' _ ", Co' C' >,r", 1\ \ · i i \;) i:jj~)_t} ~ '\ ""'fiTATE O{iM~TANA ~- ~(''''''' ..~..~ ~ ...i::- I}:~":rr ..- ,~~';.,~,~:: ~ "!::~ ...~,'t."'>" "CQUhtY,~Ot;\,\ BY: ) :ss ) On this I Z. rd/th day of '-...u ( \ \ I c~ I'\~ ' 1995, before me, a Notary Public for the State of Montana, personally appeared John, ks, known to me to be the President of Scenic Developers Inc., the corporation who executed the foregoing Annexation Agreement, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~,\ \., Notary Public for ther Residing at Bozeman' Commission Expires: \,~\\-qt.o - pm \boundary\annex\A9408.EAS \ fiLM 155 PACE 1808 A EXHIBIT "A" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS WHICH WOULD INCLUDE PROPERTY KNOWN AS "BROOKSIDE ANNEXA TION TRACT" We, the undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lot 1, Egbert Subdivision and Lot 1 of Certificate of Survey 1840, more commonly known as 28 North 25th Avenue and 2500 West Babcock Street, Bozeman, Montana. IN CONSIDERATION of receiving Annexation of the subject property to the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, in recognition of the traffic that will be generated by the development of the above-described property, have waived and do hereby waive for ourselves, our heirs, personal representatives, successors and assigns, the right to protest the creation of one or more special improvement districts for: 1) Street improvements to West Babcock including paving, curb/gutter, sidewalk, and storm drainage; 2) Street improvements to West Mendenhall Street including curb/gutter, sidewalk, and storm drainage; 3) Signalization and intersection realignment improvements at the intersection of West Babcock Street and West Main Street. Costs of the SID improvements are limited to the proportionate share of the cost of one-half of a City Standard Street for the West Babcock Street and West Mendenhall Street improvements, and to the proportionate share of the realignment and signalization improvements at West Babcock Street and West Main Street. \, FILM 155 PACE 1808B EXHIBIT "A" TRACT OF LAND SnuATED IN THE NE 1/4 OF SECTION II, TZS, RSE GALLATIN COUNTY, MONTANA PROPOSED 45 FOOT PUBLIC STREET EASEMENT ,ff; F:""\ \!!.'" !lll!,1 t..::: .,.-:;. ~:: ;=; '-CLtln:",.-L'\I[ B' ~ \ \ \'... ,/ i ../ i 1/ ~~ i~ 00 g~ ~8 :1~ ..:r, ~"''''1DI'''': ajp''-!Ni,1inIEA 1.____ -----I.W~ ~___. ----~--~--~._- ...-r .............. .-.: _JL ; // /0 i / ,f/> i i / .r./// ,!/ ",- ./ _r~UJD ..~~. / ..,//" --' ! ~ -N- ~' ~ II : l; / 7 ___rn_"'/ : J .f/> /// ./..r' ,,.,. Jr"" /,rr'- / s (1) I ,.,r.r.r. / .r" ( " --' ,../ ,,.' / ;;~/ ,r"'''- ///J / ,"" / / ,if' Jr..r- PROPOSED EASEMENT \. , . fiLM 155 PACE 1808~ Exhibit "A" Scenic Developers Inc./Neibauer Annexation Agreement Page 2 of 3 In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable val uation of the property, or a combi nation thereof. We further waive our right to make any written protest against the proposed work or against the extent or creation of the districts to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire. We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. DATED this 028 day of F.dJ !&uCl-A-"J d , 19B X (aAD-r> '1p;Jy~ ) P operty Owner Scenic Developers I c., by John Marks, President \, .. Exhibit "A" Scenic Developers Ine./Neibauer Annexation Agreement Page 3 of 3 fiLM 155 PACt. 1809 STATE OF MONTANA ) :ss County of JJaiP t.t~ ) On this ;J? rd/th day of for the State of Montana, personally appeared Kar whose name is subscribed to the above instrument the same. , 1995, before me, a Notary Public Neibauer, known to me to be the person nd acknowledged to me that she executed IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~Vl~ Notary Public for the State of Montana . \ IResid.jng at Bozeman \\ \;.'1 / 'I!' '., /" " .,~) ~. ~. r'C<triimiss~on Expires: '';[ . ('\ \ ' ',-;' .) It.;v . ~~ .~ ~ ;;, \: 1~1;A:rE ...,0.;' MONTANA \ J<.,. . ~' ,- . ),....1 .:.. ~" Coqnt9,.of "','" ~, ,,' "l' ... ~,.. i/;yc; ? I ) :ss ) On this 3 rd/th day of ~\ n iI<:.\i , 1995, before me, a Notary Public for the State of Montana, personally appeared John Marks, known to me to be the President of Scenic Developers Inc., the corporation who executed the foregoing Annexation Agreement, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ...,,11 II 1I. ""'1 \\\" a A /', "'I, ..,..,\~ t=-.......~,CO'""" . ("y-' :: ~~ ..iI "'. c- 10\ ' ~ ()-v.. n1\~l - "1: ~ { j /f ~ ./ ~~\\ H ./: . -:. \~ ~ C~' /" .... ~~ -. .- '.~ f ~ i ~\l/ . Ptib.~ lie for the State of Montana \ I.l-~... <b V 1~ it Bozeman ~ . .... ..~ ~~ $ ~ I. ... ~\ ....... ""; -4'f'; .....,....".~ ...,' I"" Jf rl; of "",", ( "'lllllHlI@oiilmission Expires: . 5 - q_c q 0 "nt",,: plnl'~ "F :.~c :::~,!~ :' Montlil.'l ~: .,' ,.~. ,;.3,i,;:~~ _aJ . liI1). Lc.:"".."",,,o.,' "~I' , 5 '\ -\)1;0 pm \boundary\ANNEX\A9408. WVR Il"DEXED ,U.neo J ~PFpt1fNo l c:1~dlfPy R EC O]{ D E H ) :OUNTY or C1ALLA'l'IN ) ;'TATE or MONTANA ) TillS INS'l'J{U]VIEN'I' WAS FILED FOI{ HECOHl) IN TIllS OFFIC>E ON THE -.--?ND DA Y or AUGUST , A.D., l!J 95 AT 2:30 M., AND WAS DULY I{ECOHDED IN HOOK 155 ,'c(' S .. , -- 30 .()o._~-- RT: CITY OF BOZEMAN, PO BOX SheRey M. Cheney OF MISCELLANEOUS RECORDS, PAGE 640, 1l~~~~:~fl~;'~LiA~LY}fY1~ 1 RHA ~ DEPUTY