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HomeMy WebLinkAbout85- Smith, North 19th Ave., Public Street Easement, 1985 .' \, PUBLIC STREET EASEMENT , NORTH 19TH AVENUE Roger H. Smith and Rosalind I. Smith 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, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, for the public use, a perpetual street easement for the use of the public, in, through, and across a strip of land situated ~n Gallatin County, Montana, twenty-five (2S) feet wide on each side of the centerline to be located on the following described property: A tract of land being the S. 1/2 N.E. 1/4 and the S.E. 1/4 of Section 2, T.2S., R.SE., P.M.M, Gallatin County, Montana, and being further described as follows: Beginning at the point which is the section corner common to Sections 1, 2, 11 and 12, T.2S., R.SE., P.M.M.: thence from said point of beginning along the section line common to said Sections 2 and 11 S 89012'34" W a distance of 2706.86 feet to the 1/4 corner common to said Sections 2 and 11; thence along the N-S midsection line of Section 2 N 00039'52" W a distance of 2654.41 feet to the center 1/4 corner of said Section 2; thence continuing along said N-S line N 01028'43" E a distance of 1334.17 feet to the W. 1/16 corner of the N.E. 1/4 of Section 2; thence along the North 1/16 line of Section 2 N 89032'44" E a distance of 2642.85 feet to the North 1/16 corner of Sections 1 and 2; thence along the section line common to Sections 1 and 2 SOlo 31'29" W a distance of 1326.08 feet to the 1/4 corner common to said Sections 1 and 2; thence continuing along said line S 02003'59" E a distance of 2647.68 feet to the point of beginning. Said tract being 243.3811 acres. The above-described tract is depicted on Certificate of Survey No. 1240 on file and of record in the office of the Gallatin County Clerk and Recorder. The centerline is more particularly described as follows: Beginning at a point which is S89012'34"W a distance of 25.01 feet from the section corner common to Sections 1, 2, 11 and 12 T.2S., R.5E., P.M.M.i thence from said true point of beginning along a line that is 25 feet west and parallel to the east line of said Section 2 N02003'59"W a distance of 2647.91 feet and NOI031'29"E a distance of 1326.00 feet to a point on the North 1/16 line of said Section 2. EXHIBIT A .. , .. The GRANTORS warrant that they are lawfully seized and possessed of the real property described above, that they have 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. 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. DATED this (p~j day of /n tI t~1 / , 1985. GRANTORS ~ 1-Ly~/L Rosalind I. Smith STATE OF MONTANA ss. County of Gallatin On the /? tYJ u day of ry; /J / r , 1985, before me, a Notary Public for the State of Montana, personally appeared Roger H. Smith and Rosalind I. Smith, 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 affixed my seal on the day and year first written above. ~" .-....,.\....- "'~4,"'~ .~ .:::p /'. ~ l':;; . .", - l -:..~:.~... '\...,....;" . ^""-.,. '.. :::.::.--. . ,..;<#.~ "II[' "'" .. - .,' ~---......""-"'-......... ~ ~ ~. \, "" v...::' ',' ... "".:1' ;., ...., . ,.'.-.;:1'" ~.'. .. ':'.1' .-~I" j.'~~ '''"----. L)etui f/ Notary P lie for State of Montana Residing a t Bozeman, MO,?ta!la My Commission expires II'?J/~~ -2-