HomeMy WebLinkAbout18- Corrected Public Street and Utility Easement - BarTimCo Properties, LLC - 2018 Park Place Annexation Recording 2625118
BarTnn Properties,LLC Page: 1 of 4 08/31/2018 01:27:42 PM Fee. $28.00
Charlotte Mills - Gallatin County, MT MISC
7o 1 Gold A
Bozeman,MT 15
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City of Bozeman
City Clerk PLATTED
PO Box 1230
Bozeman, MT 59771-1230
CORRECTED PUBLIC STREET AND UTILITY EASEMENT
This Corrected Public Street and Utility Easement is recorded to correct an erroneous address for
Grantor as well as correct the legal description of the property burdened by the formerly
recorded Public Street and Utility Easement, which was recorded in the office of Gallatin County
Clerk and Recorder as Document No. 2616298 on June 12, 2018.
BarTimCo Properties, LLC, a Montana limited liability company with address of 701 Gold
Ave., Bozeman MT 59715 hereinafter GRANTOR, in consideration of$ 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, R5E, Gallatin County
Montana, AND
The Northeast Quarter of the Northeast Quarter(NE 1/NE1/) and the East
Half of the East Half of the West Half of the Northeast Quarter
(E%2E1/2W1/2NE1/) 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.
DATED this day of August, 2018.
GRAN R, B im Properties, LLB
By:
Kent Merselis
Its: Agent
STATE OF
:ss.
County of e-d%&;n )
On this ZI!day of August, 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)
� h, a
`, gip MIEp CYNTHIA M EDGMOND Notary Public for the State of
,���.• �o: Notary Public
NpTaRqr4 o for the State of Montana
* # = Residing at:
u .SEAL Bozeman, Montana (Printed
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pF'Mp My Commission Expires: Residing at
December 08,2020 g
My Commission Expires
ACCEPTED:
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City Maim er
ATTEST: ��� • by ,s�J� ••��^.
City Clerk �i• f a3
STATE OF MONTANA ) �r11V
:ss. .<
County of Gallatin )
On this ,.` S,l day of 2018,before me, a Notary Public for
the State of Montana,personally appear 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.
syyF BRENDA SWEENEY
�,�• Fy'�`; Notary Public
'mQ' 0JAR14 .c=for the State of Montana
Redding at I
=, .SEAL:2�`: Bozeman, Montana Notary Public for the State of Montitna
'<� P My Cormission Expires: ;
""�•,�„ `� December 02,2018 '
(Printed Name)
Residing at
My Commission Expires /20-[�-
2
EXHIBIT A
A PUBLIC STREET AND UTILITY EASEMENT TO
THE CITY OF BOZEMAN OVER AND ACROSS A
TRACT OF LAND LOCATED IN THE NE 4 NE 4 OF
SECTION 27 AND TRACT 1C 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 and across a tract of land
located in the NE Y.NE%of Section 27 and Tract
1C of Certificate of Survey No.1372E located in
the SE Y.of Section 22;situated in Township 1
South,Range 5 East,Principal Meridian,Gallatin
E1 14 S27 D County,Montana,more particularly described as
NO/4N OW AN follows:
L-ESS RWAl ROW 15.0' EASEMENT Beginning at the Northeast Corner of Section 27,
HIGO 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
a, Railroad Right-of-Waya distance
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, 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 BOOK 162, PG. 41 Tract 1C of Certificate of Survey
No.13726;thence S.89'52'46"E.a distance
of 45.02 feet to the West Right-of-Way line of
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
K. 1.737 acres,more or less.
N 1°53'26"E
'Ns2
803.37 ,o Ir
S1°53'26"W
\ 6a7 814.55'
s p
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��'O,�T w SURVEYOR'S CERTIFICATE
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CF� I Jon C.Wilkinson,Professional Land Surveyor,License
No.164111-S,do hereby certify that I conducted this
\ N52°1843"W easement survey.
18.49' Dated this (f day of 2018
Jon C. ilkinson,PLS,CFe
\ MT Reg.#16411LS N TA
Morrison-Maierle `,��~® ✓ �����
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1�0. 16411 L ;:_
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The bearings shown hereon are derived from the '-�C
Montana Coordinate System,Zone 2500,NAD 83 �i� O,<, S.S ' C
IN FEET )
Morrison 9P Bozeman,
Technology Blvd West DRAWN BY: CJF PARK PLACE PROJECT NO.
Bozeman,MT 59718 DSGN.BY: MEE 2288.006
Maierle ,06.587.0721 APPR.BY: MEE BOZEMAN MONTANA
® www.m-m.net DATE:0523118 FIGURE NUMBER
engineers•surveyors=planners,scientists COPY"�HTOMORRISON1vIP1ERLE,INC,.2019 15.0'EASEMENT EXHIBIT FIG.1
N:122861007WCADtExhlbit5@286-006 EASEMENT-EXHIBIT.dwg Plotted by cody fadey on May24/278
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EXISTING 401 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 o 120
30.01' 23 P.O.B. I
( IN FEET
127 26
28I 0 Technology Blvd West DRAWN BY: CJF PROJECT NO.
Morrison Bozeman,MT 59718 PARK PLACE
DSGN.BY: MEE 2286.006
Maier'le 406.587.0721 APPR.BY: MEE BOZEMAN MONTANA
engineers-surveyors planners-scientists- �.nn-nn.net DATE:OS/23/18 FIGURE NUMBER
0AR1S—A1ERLE.-1N0..2818 45.0'EASEMENT EXHIBIT
N:\2286QO7\ACAD\Exhibits\228r,006_EASEMENT-EXHIBIT.dwg Plotted by cody ftrley on May/2412018 1__FIG.2_j