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Home My WebLink About18- Public Street and Utility Easement - BarTimCo Properties, LLC - 2018 Park Place Annexation Return to: City of Bozeman City Clerk Pb Box 1230 Bozeman, MT 59771-1230 2616298 Page: 1 of 4 06/12/2018 03:25:46 PM Fee. $28.00 Charlotte Mills - Gallatin County, MT MISC IIIIII IN 1111111111111111111111111111111111111111111111111111111111 PLATTED PUBLIC STREET AND UTILITY EASEMENT BarTimCo Properties, LLC, a Montana limited liability company with address of 702 Gold Ave., Bozeman MT 59715 hereinafter GRANTOR, in consideration of$ 1.00 and for other and valuable considerations, receipt of which is acknowledged, grants 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 and assigns, a perpetual street and utility easement for the use of the public, in, through, and across land situated in Gallatin County, Montana, to be located on the following described real property: Tract I of COS 1372B located in Section 22, T1S, RSE, Gallatin County Montana, AND Tract 11) C of COS 1372 located in Section 22, T1S, RSE, Gallatin County Montana , AND The Northeast Quarter of the Northeast Quarter(NEl/4NE1/4) and the East Half of the East Half of the West Half of the Northeast Quarter (EV2El/2W%2NE1/4) of Section Twenty-seven (27), Township One (1) South, Range Five (5) East, M.P.M The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 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. M4 DATED this 23 day of May, 2018. GRANTOR, BarTimCo Properties, LLC By: Ke&vselis Its: Agent STATE OF �� ) :ss. County of qgAgLAI ) On this Z3 day of , 2018, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Kent Merselis,the authorized agent of BarTimCo Properties, LLC, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of BarTimCo Properties, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) q,GO, COREEN A GORE Notary Public Not Public for the tate of 9 . V.'NOTnRrq� for the State of Montana A *_ Residir�S; at: ��Pe D� / I �Q�e u .SEAL,zQ; Bozeman, Montana '9�OF MO P My Commission Expires: (Printed Name) June 26,2021 Residing at 60 ZC knan My Commission Expires �v / Z 8" /20 Z I ACCEPTED: —0 —A CITY fr�01F BOZEMAN by g Z City Manager ATTEST: `fig:'� ••�. City Clerk ` " ��B3 •�� SIN Cfl STATE OF MONTANA ) :ss. County of Gallatin ) On this 0 day of� �F� , 2L(j, before me, a Notary Public for the State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, known to me to be the City Manager and City Clerk, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. 4 BRENDA SWEENEY �p Notary Public q "%* ARtjl�cstor the State of Montana r Residing at: *' SEAL.; min seonoExpires Notary Public for the State of Montana My�►a;?`,�,�P December 02,201a � � :�•, (Printed Name Residing at ' My Commission Expires /20 2 EXHIBIT A PUBLIC STREET AND UTILITY EASEMENT TO HE CITY OF BOZEMAN OVER,ACROSS AND UNDER A TRACT OF LAND LOCATED IN THE NE NE 4 OF SECTION 27 AND TRACT 1 C OF CERTIFICATE OF SURVEY No. 1372B LOCATED IN THE SE 4 OF SECTION 22;SITUATED IN TOWNSHIP I SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN, N89°29'40"W GALLATIN COUNTY,MONTANA. 30.01' 23 P.O.B. 27 2 N87°59'02"W 40.00' LEGAL DESCRIPTION A public street and utility easement to the City of Bozeman over,across and under a tract of land located in the NE X NE'/<of Section 27 and Tract 1C of Certificate of Survey No.1372B located in the SE Y.of Section 22;situated in Township 1 South,Range 5 East,Principal 4NEj/4 S2 AN') Meridian,Gallatin County,Montana,more NEB/ OVV A particularly described as follows: LESS RRjVAl ROW 15.0' EASEMENT Beginning at the Northeast Corner of Section 27, HIGH also being the Southeast Corner of Tract 1C of Certificate of Survey No.1372 B,the Point of Beginning;thence N.89°29'40"W a distance of 30.01 feet to the West Right-of-Way line of the 60'wide County Road Easement;thence S.1°53'26"W.along said County Road Easement a distance of 814.55 feet to the Northeast Right-of-Way line of the Montana Rail Link Railroad;thence N.52°18'43"W.along said O, Railroad Right-of-Way a distance CO co of 18.49 feet; thence N.1°53'26"E.a distance EXISTING 60' COUNTY ROAD EASEMENT of 803.37 feet to the line between COUNTY ROAD MAP TOWNSHIP 1 SOUTH, CO Section 22 and Section 27;thence N.2°00'58"E.a RANGE 5 EAST, SHEET No. 4 & 5 distance of 1411.92 feet to the North line of ROAD No. 42, FIELD BOOK162, PG. 41 Tract 1C of Certificate of Survey to No.1372B;thence S.89°52'46"E.a distance of 45.02 feet to the West Right-of-Way line of Y the 40'wide County Road No,259 Easement;thence S.2°00'58"W.along said County Road Easement a distance of 1412.22 feet to the Point of Beginning. The area of the above described easement is 1.737 acres,more or less. N 1°53'26"E 803.37' l2 S1°53'26"W \ S$T2 814.55' Z O w SURVEYOR'S CERTIFICATE q Z CF� I Jon C.Wilkinson,Professional Land Surveyor,License No.16411LS,do hereby certify that I conducted this \ N52°18'43"W easement survey.18.49' Dated this 75;4jL day of 7 t� 2018 U11I1J!;1! \ Jon C.Wi ilk nson,PLS,CFq N MT Reg.#16411LS �N T,4/1�q�1� Morrison-Maierle ••••• J0 N 0. • ® = "0; WILKINSON =�; No' 1641 'LS -o �••f� •J 0 100 �,cS'�r . CAN SRO.•�\�� The be arings derived t Coordinate System,Zone2500,NAD Montana 83 \ � � L A,Qo \\\ ( IN FEET ) t+a Morrison P 2880 Technology Blvd West DRAWN BY: CJP PARK PLACE PROJECT NO. Bozeman,MT 59718 DSGN.BY: MEE 2286.006 Maierle ` 406.587.0721 APPR.BY: MEE BOZEMAN MONTANA ® www.m-m.net DATE:OS/23/18 FIGURE NUMBER engineers surveyors-planners•scientists MORRISO CO 15.0'EASEMENT EXHIBIT FIGA PYWGHT 0NM41ERtE,INC.,]O18 N:\2286\007WCAD\Exhibits�2286-006_EASEMENT-EASEMENT Plotted byjon c.wilkinson on May/25/2018 S87°59'02"E 40.00' S89°52'46"E 45.02' N C N �7 t7p C� 45.0' EASEMENT N CV to �h W OD O O N Z N N _N co -( AGT '?CG F O I� F N CERTEY No 137 SURD 0 Z 0 _I W Z EXISTING 40' COUNTY ROAD EASEMENT ROAD PETITION No. 259. COUNTY ROAD MAP TOWNSHIP 1 SOUTH, RANGE 5 EAST, SHEET No. 4 & 5. FIELD BOOK 162, PAGE 41 -N- N89°29'40"W 0 120 30.01' 23 P.O.B. ( IN FEET ) 27 26 �-' Morrison P 2880 Technology Blvd West DRAWN BY: CJP PARK PLACE PROJECT NO. nilBozeman,MT 59718 DSGN.BY: MEE 2286.006 Ma i e r l e ` 406.587.0721 APPR.BY: MEE BOZEMAN MONTANA ® www.m-m.net DATE:05/23/18 FIGURE NUMBER engineers.surveyors planners.scientists 45.0'EASEMENT EXHIBIT FIG.2 COPYRIGHt 0MORfiI50t1MAlERLE,INC.,]O18 N:\2286\007\ACAD\Exhibits\2286-006 EASEMENT-EXHIBIT.dwg Plotted by ion c.wilkinson on May/25/2018