HomeMy WebLinkAbout84- Wallin, Volz, Public Street Easement
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f It ~ 88 PAGE 927
PUBLIC STREET EASEMENT
Norman E. Wallin, David A. Wallin and Stephanie Volz 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, 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, twenty
(20) feet wide on each side of the centerline to be located
on the following described property:
A parcel of land located in the
Southeast Quarter of Section 11, Township 2
South, Range 5 East, Principal Meridian of
Montana, and more particularly described as
follows:
Beginning at the East Quarter corner of
said Section 11 at a brass capped iron monument
set in the asphalt roadway and using Certificate
of Survey No. 503, as filed with the Gallatin
County Clerk and Recorder, as tb(~).131. -, ,)_
Lee r j, I i q ;:
lhence (as per Film 20--page 1284 and COS No.
503)* S 89017'07" W on and along the north line of
the Southeast Quarter of Section 11 a distance of
2,229.62 feet;
Thence S 00018'58" W a distance of 247.72
feet to the southwest property corner of COS No.
63* to the point of beginning;
Thence N 89017'07" E a distance of 85.84 feet
to the southeast property corner of COS No. 63;
Thence on and along the westerly property
boundary of that property described in Book of
Deeds No. l44--page 209*, S 00007'50" W a distance
of 37.10 feet to the southwest property corner of
said Book 144--page 209;
Thence on and along the southerly property
boundaries of those properties described in Book
of Deeds 144--page 209 and Film 24--page 425*
N 89012'12" E a distance of 105.01 feet;
Thence N 89012'26" E a distance of 161.01
feet to a point located on the easterly property
boundary of that property described in Book of
Deeds No. 139--page 561*;
Thence on and along said easterly property
boundary S 00004'58" E a distance of 536.68 feet
to the northwesterly right-of-way of U.S. Highway
191 (also known as West Main Street) from which a
brass capped iron witness corner bears N 00004'58"
W a distance of 11.21 feet;
Thence on and along said right-of-way
S 42017'16" W a distance of 399.60 feet;
Thence on and along said right-Of-way S
42010'19" W a distance of 244.93 feet to the
southwest property corner of COS No. 503;
EXHIBIT B
,
FILM 88 raGE 928
Thence on and along the westerly boundary of
cas No. 503 N 00005'40" E a distance of 1020.63
feet to the northwesterly property boundary of cas
No. 503;
Thence N 89017'07" E a distance of 78.98 feet
to the southeasterly property corner;
Thence N 00018'58" E a distance of 24.55 feet
to the true point of beginning;
Said parcel contains 7.752 acres, more or
less.
*As filed and of record in the office of the
Gallatin County Clerk & Recorder.
The above-described property being depicted
as Tract VW-2 and Tract VW-3 on Certificate of
Survey No. 1227, on file in the office of the
Gallatin County Clerk and Recorder.
The centerline is more particularly described as
follows:
Beginning at a point being the Southeast property
corner of Tract VW-2 of cas No. 1227 as filed with
the Gallatin County Clerk and Recorder, which
falls on the Northwesterly Right-of-Way of U.S.
Highway No. 191, also known as West Main Street;
Thence on and along said Easterly property line of
Tract VW-2 of COS No. 1227, North 00008'44" East,
a distance of 828.61 feet; thence said easement
continuing only on the westerly side of said
centerline for a width of twenty (20) feet, North
00007'50" east, a distance of 37.10 feet to the
end of said private street easement as depicted in
Exhibit A, attached hereto and made a part hereof.
(Reference to: A State of Montana Department of
Highways Right-of-Way Approach Permit.
Parcel Number 86 and 89--Volz
90 and 90.1--Wallin
Project Number F-50-2 (11) 82 Bozeman West)
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.
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f1U~ 88 PAGE 929
DATED this
13th
day of
November
, 1984.
GRANTORS
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Norman E. Wallin
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Step anie Volz /
STATE OF MONTANA
ss.
County of Gallatin
On this 9th day of November , 1984,
before me, a Notary Public for the State of Montana,
personally appeared David A. Wallin and Norman E. Wallin
known to me to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me
that (t)he(y) executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above
written.
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Notary Public for State of Montana
Residing at Bozeman, Montana
My Commission expires: April 30, 1985
STATE OF MONTANA
ss.
County of Gallatin
On this 9th day of November , 1984,
before me, a Notary Public for the State of Montana,
personally appeared Stephanie H. Volz
known to me to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me
that (t)he(y) executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above
written.
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Notary Public for State of Montana
Residing at Bozeman, Montana
My Commission expires: April 30, 1985
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FILM 88 PAGE 930
INSTRUMENT OF POOR
PHOTOGRAPHIC QUALITY
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NO 5C.A.t.e
EXHIBIT 'A r
PRIVATI: ROAD EASG1Em'
WALLIN-VOL! ANNEXATI~
(XTOBER 1984
FORTY FOOf Wnmt- ZOIT. EAOi
SIDE OF CENTERLINE AS
DESCR I BEn I ([Iffi I N