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Home My WebLink About17- Public Use Easement - S. Sterry and P. Wookey - Durston Road Roadway Improvements 6)M T A ., MONTANA TI AND I; OW 2�01939 ORDER# Page: 1 of 4 12/21/2017 12:53:14 PM Fee $28.00 Charlotte Mills - Gallatin County, MT MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 PROJECT NAME: DURSTON ROAD CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division PROJECT 4535.11402.09 Public Works Department `r 8 PARCEL M 9-1 0 �i PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTOR(S), SKY STERRY AND PATRICIA J. WOOKEY, as joint tenants, whose address is 4979 Durston Road, Bozeman, MT 59718, for and in consideration of Ten and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, Grantee, its successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following-described real property located in Gallatin County, Montana: A tract of land lying in the SE'/4SE'/4 of Section 3, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, and more particularly described as follows: Beginning at the Southeast corner of said Section 3; thence in a Northerly direction along the East line of said Section 3 at a bearing of North 1035' East, a distance of 594.9 feet; Thence North 89135' West, a distance of 256.5 feet; Thence South 2008' West, a distance of 594.4 feet to a point on the South line of Section 3; Thence Easterly along the South line of said Section 3 at a bearing of South 89127' East, a distance of 262.0 feet, more or less, to the point of beginning. Survey recorded in Film 10, Page 134. Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of the easement herein described, being a point on the North right- of-way of Durston Road, from which point the section corner common to Section 2, 3, 10, and 11, T2S, R5E, P.M.M., bears S 010 31'48"W, 30.01 feet, said point of beginning; Thence, from said point of beginning, N 890 44' 57"W, 261.77 feet along the North right-of-way of Durston Road to the West line of said tract; Thence, N 02° 04'48" E, 15.01 feet along the West line of said tract; Thence, S 890 44' 57" E, 261.63 feet to the East line of said tract; Thence, S 01° 31' 48" W, 15.00 feet along the East line of said tract to the North right-of-way of Durston Road to the point of beginning, and containing 3,926 sqft., more or less and as shown on Exhibit A. All improvements are the property of the CITY OF BOZEMAN, removable at its option. The failure of the GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. CITY OF BOZEMAN PROJECT NAME:DURSTON ROAD ROADWAY IMPROVEMENTS Parcel 9-1 PROJECT#:4535.11402.09 Page 1 of 4 The above-named Grantor hereby covenants with the CITY OF BOZEMAN that said Grantor has good title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof; and shall have a free and unrestricted right to maintain said facilities as long as the right-of-way of which this easement area is a part, remains a public way. SKY STERRY AND PATRICIA J. WOOKEY Sky S erry Patricia J.Wookey ACKNOWLEDGMENT OF GRANTORS STATE OF LV4 wlhwt ) / ) SS County of Z ) On this 31W day of Wl"V 201-7, before me, the undersigned, a Notary Public in and for the said State, personally app ared the Grantor, Sky Sterry, known to me to be the identical individual who executed the foregoing instrument, who acknowledged to me that the individual executed the same as the free and voluntary act of said grantor, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day a d year above written. , , y 0NY G ANTHONY GADDO p Notary Public -No TAR1,14'..0 for the State of Montana * — *; Residing at: SF,AJ,.=Q` Bozeman, Montana Notary-Public in and for the State of g11o.r ,w� "9/r OF N10P My Commission Expires: My Commission Expires: 1/30/11 „ January 30,2019 STATE OF WLt"y ) SS County of On this day of M,,o 20 i, before me, the undersigned, a Notary Public in and for the said State, personally ap ared the Grantor, Patricia J. Wookey, known to me to be the identical individual who executed the foregoing instrument, who acknowledged to me that the individual executed the same as the free and voluntary act of said grantor, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affi my official seal this day and year above written. —� 1 ANTHONY GADDO Notary Public for the Statc of Montana �, 5�. �cr •' Bozeman,ResidinMontana otary Public in and for the State of kt4 ,v�xo. , My Commission Expires: I 3u 9OF MO� ` My commission Expires: j R January 30,2019 CITY OF BOZEMAN PROJECT NAME:DURSTON ROAD ROADWAY IMPROVEMENTS Parcel 9-1 PROJECT#:4535.11402.09 Page 2 of 4 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN r r - (c?L, Date: 1 t(7 By: Deimts-Tay+e pv-c(ea uv►ra-tr late4 r City Manager ATTEST: ' OF.B 02 , By: Robin Crough �`�,. • K City Clerk -C� ' � �1883---•�� l�TIN CO �� • STATE OF MONTANA } )ss. County of Gallatin ) The foregoing instrument was acknowledged before me is da of �tCCw��r � Y 20C? by BeftjmFr-T y4er and Robin Crough, known to me to be the City Manager and City Clerk � �'�► r e ity of Bozeman and the persons whose names are subscribed to this instrument, and �:,Vvr+Tr acknowledged tome 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 official seal this day and year above written. , BRENDA SWEENEY SwFFy�; Notary Public Notary Public in and for the S of Montana m;aoTnAiq4.<=_for the State of Montana My Commission Expires: (a�� /(A Residing at: .SF,AL.�e;= Bozeman, Montana -,9C? My Commission Expires: December 02,2018 CITY OF BOZEMAN PROJECT NAME:DURSTON ROAD ROADWAY IMPROVEMENTS Parcel 9-1 PROJECT#:4535.11402.09 Page 3 of 4 \L1 N 89° 44' 57" W, 261.77 FEET L2 N 020 04'48" E, 15.01 FEET \\•L3 S 890 44' 57" E, 261.63 FEET L4 S 01° 31'48" W, 15.00 FEET \\\\\\\\\\\\\\\\\\\\\\ \\Current Owner: \ \\Sky Sterry and Patricia J.Wookey '\ \\4979 Durston Road \`Bozeman, MT 59718 \\\ \\\ \\\ \\\ \\\ \ IN \\\\\\\\\\\\\\\\\\\\\\ W \\\\\\\\\\\\\\\\\\\\\\\ \ \ Cn \\\\\\\\\\\\\\\\\\\\\\\ EXISTING z \\\\�\\\\�\\\. \\\\\\\\� PROPERTY Q \\ SE'/4SE'/4OF \\\ \\ LINE \ \\`SEC. 3, T2S, R5EPARCEL 9-1 PUE \\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\ NEW PUBLIC USE \\\\\\\\\\\\\\\\\\\\\\ EASEMENT \\\ NEW ROAD \ \\ RIGHT-OF EXISTING ROAD RIGHT-OF-WAY \\ \\\ \\ \\ \\ _.. _.. .... ... ...... POB .7 7/7 , , I DUURRSSTON ROAD P//fwl J Q Q U_ _I R/W Legend ® Existing Road Right-of-Way so o so goo New Public Use Easement SMALE N FEEr Area Remaining A public use easement to the City of Bozeman, on a tract of land lying in the SE'/4SE'/4 of Section 3, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, and more particularly described as follows: Beginning at the Southeast corner of the easement herein described, being a point on the North right-of-vray of Durston Road, from which point the section corner common to Section 2, 3, 10, and 11, T2S, R5E, P.M.M., bears S 010 31' 48" W, 30.01 feet, said point of beginning; Thence, from said point of beginning, N 89' 44' 57" W, 261.77 feet along the North right-of-way of Durston Road to the West line of said tract; Thence, N 02° 04' 48" E, 15.01 feet along the West line of said tract; Thence. S 89° 44' 57" F_ ?51 F3 fePt to tha Fact ling of cairl trait• Thcnrc c n10 111 API1 1n1 Ir (In