HomeMy WebLinkAbout96- Bozeman Deaconess Foundation Trail Corridor Easement, 1996
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TRAIL CORRIDOR EASEMENT
BOZEMAN DEACONESS FOUNDATION
Bozeman Deaconess Foundation, 915 Highland Boulevard, Bozeman,
Montana 59715, GRANTOR, in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, receipt of which
is hereby acknowledged, grants to the City of Bozeman, a municipal
corporation of the state of Montana, with offices at 411 East Main
Street, Bozeman, Montana, 59715, GRANTEE, a perpetual trail
corridor access easement for the use of the public in, through and
across a twenty foot (20') wide strip of land situated in Gallatin
County, Montana, which is shown on Exhibit A attached hereto and is
located on the following described property:
The Northwest Quarter (NW~) of Section 17, Township 2
South, Range 6 East, Principal Meridian Montana.
The South Boundary of the twenty foot (20') wide easement
is contiguous with the south line of the Northwest
Quarter (NW~) of Section 17, Township 2 South, Range 6
East, Principal Meridian Montana and is more particularly
described as follows:
Commencing at the east corner of Lot 9, Block 18, New
Hyalite View subdivision, City of Bozeman, Gallatin
County, Montana, according to the official plat of record
and on file at the office of the Clerk and Recorder,
Gallatin County, Montana, said corner being located on
the south line of the Northwest Quarter (NW~) of Section
17, Township 2 South, Range 6 East, Principal Meridian
Montana; thence North 89058'30" East along said south
line of the Northwest Quarter (NW~) of Section 17, a
distance of forty-two feet (42') to the true point of
beginning;
Thence South 89058'30" West, a distance of 638.05 feet
more or less to the northwest corner of Lot 5, Block 19,
New Hyalite View subdivision; thence continuing South
89058'30" West along said south line of the Northwest
Quarter (NW~) of Section 17, a distance of 156 feet to
the end of the herein described south boundary of
easement.
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The easement centerline is located ten feet (10')
northerly and parallel with the herein described south
boundary of easement.
The Grantor warrants that it is lawfully seized and possessed
of the real property described above; that it has and that it will
forever defend the title to this property against the claims of all
persons.
The Grantor further agrees that the Grantee may peaceably hold
and enj oy the rights and privileges herein granted without any
interruption by the Grantor, except as prohibited herein.
The use of motorized vehicles are prohibited except for
propelled or battery powered wheelchairs and for Grantee's motor
vehicles necessary for the construction and maintenance of the
easement.
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 /3
day of
tv;1! f
GRANTOR:
, 1996.
BOZEMAN DEACONESS FOUNDATION
~~' .
By: "7 ,,_~- "'-;-h .~~
Title :"
STATE OF MONTANA
ss.
County of Gallatin
On this /3 day of J"Yl/N /{FJf.r. 1996, before
me, the undersigned, a Notary {Public for the State of Montana,
filM 168PACf3064
personally appeared rlC/r1Iv' /~. f'v{~"i?/)LL)JC.K , known to
.
me to be the f1DmttV/0T/NI7DP of the Bozeman
Deaconess Foundation and the person whose name is subscribed to the
within instrument, and acknowledged to me that he/she executed the
same for and on behalf of the Bozeman Deaconess Foundation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial ?~al the day and year first above written.
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Notar Publ c for the State of
Montana, residing at {jV,N(!].....'J7C!/"c/
My Commission Expires 'Y/l'y/q(~
ACCEPTED this .:2..0 -, ~
day of
/Yl ~ ;J
1996.
GRANTEE:
CITY OF BOZEMAN
J
ATTEST:
Re~.{~
Clerk of Commission
STATE OF MONTANA
ss.
County of Gallatin
On this ;ZQ;~ day of (y] ~ 1996, before me,
the undersigned, a Notary P~lic for the State of Montana,
personally appeared JAMES E. WYSOCKI and ROBIN L. SULLIVAN, known
to me to be the City Manager and Clerk of Commission, respectively,
of the City of Bozeman and the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed
the same for and on behalf of the City of Bozeman.
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THIS INSTRUMENT WAS FILED FOR RECORD IN TIllS OFFICE ON
THE 25TH DAY OF NOVEMBER ,,Ada., 1996
3 :J 5 2l) 4
OFFICE OF COUNTY RECORDEI{ )
COUNTY OF GALLATIN )
STATE Of MONTANA )
Pee $ 10.00
RT: CITY OF BOZEMAN
ShaUe, I. CIa.,
AT 8:56 A. M., AND WAS DULY RECORDED IN ROOK
Of MISCELLANEOUS RECORDS, PAGE
RECORDER. BY bA.6fl1tV 9~
168
3062
DEPUTY