HomeMy WebLinkAbout85- Smith, North 28th Avenue Public Street Easement, 1985
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m~ 88 PAGE 958
PUBLIC STREET ,EASEMENT
NORTH 28TH 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
in Gallatin County, Montana, sixteen and one-quarter (16.25)
,.
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.5E.,
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
l/A 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 N89012'34"E a distance of 16.25
feet from the South 1/4 corner of Section 2, T2S., R.5E., P.M.M.i
thence from said true point of beginning along a line that is
16.25 feet East and parallel to the N-S midsection line of said
Section 2 N00039'52"W a distance of 2654.07 feet and NOI028'43"E
a distance of 1334.42 feet to a point on the North 1/16 line
of said Section 2.
EXHIBIT D
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FILM 88 PAGE 959
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
0'1}1
day of
maLl
r
, 1985.
GRANTORS
.
~v~ I J~4
Rosalind I. Smith
R
STATE OF MONTANA
ss.
County of Gallatin
On the
G,/IL
day of
m/l.--Ll
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.
Notary, Public for State of Montana
Residing at Bozeman, Montana
My Commission expires I. ;)-?~
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