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HomeMy WebLinkAbout84- Wallin, Volz, Public Street Easement . '" "" 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. -2- f1U~ 88 PAGE 929 DATED this 13th day of November , 1984. GRANTORS ~~t, ~~4UV Norman E. Wallin ~ . d~ ' ...--:' ,,' ~ 1/. ~i" 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. ../ . + "ff C '; I", I\.. It ,t... , I./',-; ~t~, """"'~ '" ~\. ,"' ". .'...".)"~ " " "', ,-, ',. '..<'\ ~ ""'" ' "" I, " ., '. .. (.Not.aria,! .~&)) ; ci ~-: 1\#..", : -= ~:"\'''''\'t: : . " J...i ;..-1. J. ... j,)-J,.. $ . . ..... '. t('t. "'II-t.' ." ~ ':, ,.\ .41.... ..... '!t',,~ ',' .,,.~ ......... ...i> "," """ OF HO~' ,<~.." tff""n''''.I",~,,;,t; " -/J.It.'" (l ,j ,) i~- <.<00 I H~'Ap.UV 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. ",~l,~'in'hl"t'/f - ,'" . ..i, , 1.1. li/", -!*bti;i~'fa'i/lS,~ 1) " tJ I · ^ '.'" '.,' '\' " .1 ~ 'J .~:. ~ '>'. '\,'.~ 7 ;., : '~., ,..\ ~ r1,.-1' "', 'r ; i ~\ WI( .j.. f,' : = 1- i..! A";"'.L.l ': : '.. .,"" ~ ~', "', ...: ..."?' .: .',. ", ...., ~ . '0'-,..... .....'.,,1II ~,,:,"\'~ ~ r.~ ..to\\ ", "_'" .I. ,,,\,, '......ltUn,\ I, '. ~( . " ' [I, -/ -:. ',.L1J2 ) ,:>q--tA--<, ,-f, ...,J rV<!\~, 7- ~ Notary Public for State of Montana Residing at Bozeman, Montana My Commission expires: April 30, 1985 -3- .. FILM 88 PAGE 930 INSTRUMENT OF POOR PHOTOGRAPHIC QUALITY HW totr., f" \4 {.~' II, Tt" R.:J' wt! .. T "At' t:. tv It ST"'R'.-;J - - -- / L H()~T H "TtS . T:.S~ ~- l.. " 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