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HomeMy WebLinkAbout87- Perkins, Saccoccia & Tschache Annexation described as follows: \ Tract 4 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. A tract of land located in Section 1, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and further described as follows: situated in Gallatin County, Montana, and more particularly in fee of certain real property, the "Saccoccia Parcel," Saccoccia are owners WHEREAS, P.K. Nelson and Philip Beginning at a point which is the N.E. corner of Section 2, T.2S., R.5E., P.M.M.; thence from said point of beginning along the easterly line of said Section 2 SOl031'29"W a distance of 1326.09 feet to the N. 1/16th corner of Sections 1 and 2; thence along the N. 1/16th line of Section 2 S89032'44"W a distance of 1073.66 feet; thence N01026'40"E a distance of 1325.98 feet to a point on the north line of said Section 2; thence along said line N89032'38"E a distance of 1075.52 feet to the point of beginning. Said tract being 32.6935 acres. A tract of land being a portion of Government Lot 1 of Section 2, T.2S., R.SE., P.M.M., Gallatin County, Montana, and being further described as follows: County, Montana, and more particularly described as follows: real property, the "Tschache Parcel" situated in Gallatin WHEREAS, the J. W. Tschache is owner in fee of certain "Landowners." Montana 59715, hereinafter collectively referred to as 59715 and P.R. Nelson of 1104 Mandeville Lane, Bozeman, Cathleen C. Perkins of 511 North Wallace, Bozeman, Montana Pass Christian, Mississippi 39571, Jerry Perkins and Montana 59715, Philip Saccoccia, Jr., of 991 East Beach, Main, Bozeman, Montana 59771-0640, hereinafter referred to and HOME LEASING, INC., as "City" and J. W. Tschache/of 2220 West Main, Bozeman, Bozeman, a municipal corporation with offices at 411 East , 1987, by and between The City of January of THIS AGREEMENT made and entered into this 26th day PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION AGREEMENT 98 paGE 068 fILM . ... '- ! , J \6. '., filM 98 PAGE 069 1:- \r . WHEREAS, P.K. Nelson, Jerry Perkins and Cathleen C. Perkins are owners in fee of certain real property, the "Perkins Parcel" situated in Gallatin County, Montana, and more particularly described as follows: A tract of land located in Section 1, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and further described as follows: Tracts 2 and 3 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. WHEREAS, rhe Tschache Parcel, the Saccoccia Parcel and the Perkins Parcel are hereinafter collectively referred to as the Three Parcels~ and WHEREAS, all parties recognize that the annexation of the Three Parcels pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the Three Parcels to City services, including municipal water and sewer service; and WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, the Landowners wish to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the Three Parcels; and ~vHEREAS, all parties recognize that the development of the Three Parcels will impact Oak Street, North Seventh Avenue and Baxter Lane and will require additional public streets for circulation; and WHEREAS, the Landowners find that this agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for development within the Three Parcels; and WHEREAS, the making and performance of this agreement is desirable to promote the development of the most adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and -2- fILM 98 rAGE 070 " WHEREAS, the Landowners understand and agree that no development shall be approved for any of the three Parcels until street improvements are made resulting in adequate city transportation facilities to safely accommodate travel to, from and within the parcel or parcels proposed for development; and WHEREAS, the securing of an adequate water supply and traffic system by the City is necessary and of mutual advantage to the parties hereto. WIT N E SSE T H: IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct. 2. Annexation. The City Commission will annex the Three Parcels in accordance with its decision on February 18, 1986. 3. Services Provided by City. Pursuant to Section 7-2-4305(2), M.C.A., and Commission Resolution No. 2589, the City will, after annexation, make City services, including water and sewer, available to the Three Parcels. 4. Municipal Water Service Defined. The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements for delivery of water to and within the Three Parcels or any hook-up, connection, or development charges which may be established by the City. -3- ( J (, FILM 98 PAGE 071 5. Municipal Sewer Service Defined. The term "municipal sewer service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplat.e the extension of lines or construction of necessary improvements for collection of sewage at and within the Three Parcels or any hook-up, connection, or development charges which may be established by the City. 6. Water Rights. The parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users of the property when fully developed. The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. Except, however, that for any annexation in excess of ten (10) acres, this policy shall be carried out prior to preliminary plat approval of each development phase. Section 2, No.4, Commission Resolution 2532. The Three Parcels consist of approximately 139.9 acres. The Landowners understand and agree that they must provide sufficient water rights in accordance with the City's policy prior to final plat approval, final site plan approval or the issuance of any building permit for any portion of the Three Parcels, whichever first occurs. The Landowners shall supply such water rights or fee in lieu as calculated by the City in accordance with its policy at the time of calculation. The Landowners further understand that the City shall calculate average annual diversion requirement necessary to provide water on the basis of the zoning designation for the property at the time such calculation is made. -4- p , - FILM 98 PAGE 072 7. Baxter Road Easement (Tschache). Landowner Tschache has executed a Public Street Easement, attached hereto as Exhibit A. 8. Baxter Road Easement (Perkins). Landowners Perkins, Perkins and Nelson, have executed a Public Street Easement, attached hereto as Exhibit B. 9. North 19th Avenue Easement (Tschache). Landowner Tschache has executed a Public Street Easement, attached hereto as Exhibit c. 10. North 19th Avenue Easement (Saccoccia). Landowners Saccoccia and Nelson have executed a Public Street Easement, attached hereto as Exhibit D. 11. Easement for Road on Southern Boundary (Tschache). Landowner Tschache has executed a Public Street Easement, attached hereto as Exhibit E. 12. Oak Street Easement (Saccoccia). Landowners Saccoccia and Nelson, have executed a Public Street Easement, attached hereto as Exhibit F. 13. Oak Street Easement (Perkins). Landowners Perkins, Perkins and Nelson, have executed a Public Street Easement, attached hereto as Exhibit G. 14. Easement for Road on Northern Boundary (Saccoccia). Landowners Saccoccia and Nelson, have executed a Public Street Easement, attached hereto as Exhibit H. 15. North Eleventh Avenue Easement (Perkins). Landowners Perkins, Perkins and Nelson, have executed a Public Street Easement, attached hereto as Exhibit I. -5- , " FILM 98 PAGE 073 16. Waivers of Right to Protest Special Improvement Districts for Improvements to Street Easements. The Landowners executed a Waiver of Right to Protest Creation of Special Improvement Districts for improvements to the road easements listed in paragraphs 7, 9, 10, 11, 12 and 13 of this annexation agreement. This Waiver is attached hereto as Exhibit J. Landowners Perkins, Perkins and Nelson executed a Waiver of Right to Protest Creation of Special Improvement Districts for improvements to the road easements listed in paragraphs 8 and 15 of this annexation agreement. This Waiver is attached as Exhibit K. Landowners Saccoccia and Nelson executed a Waiver of Right to Protest Creation of Special Improvement Districts for improvements to the road easements listed in paragraph 14 of this annexation agreement. This Waiver is attached as Exhibit L. 17. Waiver of Right to Protest Special Improvement District{s) for Water Trunk Extention. The Landowners executed a Waiver of Right to Protest Creation of Special Improvement Districts for extending the water trunk line from North 7th Avenue westerly to North 19th Avenue in the Oak Street right of way. This Waiver is attached as Exhibit M. 18. Waiver of Right to Protest Special Improvement District{s) for Traffic Control Devices at the Intersection of Oak Street and North Seventh Avenue. The Landowners e~cecuted a Waiver 0:: Right to Protest Creation of Special Improvement Districts for the installation of a traffic control device at the intersection of Oak Street and North Seventh Avenue. This Waiver is attached as Exhibit N. -6- " fILM 98rAGE 074 19. Additional Terms for Road Easements and Waivers. All parties recognize that these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the Three Parcels by any Landowner, and the parties agree that the City may file these documents at any time. In addition to executing the Easements, the Landowners shall dedicate all public streets on the final subdivision plat(s). 20. Utility Easements. The Landowners understand and agree that utility easements, 30 feet in width, will be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowners shall create such easements in locations agreeable to the City during the subdivision procedure or planned unit development procedure but in no event later than the filing of any final plat or site plan or issuance of a building permit on the Three Parcels. 21. Governing Law. This agreement shall be construed according to the laws of the State of Montana. 22. Invalid Provision. The invalidity or unenforceability of any provi- sion of this agreement shall not affect the other provisions hereof, and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 23. Modifications or Alterations. No modification or amendment of this agreement shall be valid unless evidenced by a writing signed by the parties hereto. -7- . . , . (' l FILM 98 PAGE 075 24. No Assignment. It is expressly agreed that the Landowners shall not assign this agreement in whole or in part without prior written consent of the City. 25. Successors. Except as provided in paragraph 24, this agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns. 26. Covenants to Run with the Land. The parties intend that the terms of this agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. BOZEMAN Attest: /") ,II " I / '-' -I' i/ /....;' <- !~ &- ' )./ . . ,...i" 'I.',~ l () '-- (:::y. ~/y( ~t;tv'-}~~, Clerk of the City Commission LANDOWNERS schache ~rkllL Philip Sar.co ~~~~Yw~ Cathleen C,Perkins HOME LEASING, INC, '7. //. ~'i /. '/(.:u,{!~c-t'~ Pl~-' //~ P. K. Nelson -8- ~ . . " STATE OF MONTANA - fiLM 98f'AGE 076 55. County of Gallatin On this ;:;'}TIL day of nM.n.?1~Jl/1/' 1986, before me, a Notary Public for the State of ~tana, personally appeared J. W. Tschache, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, affixed...ijly~official seal wri,~,~~,n.7, . . \,\\' ,," ',,t.. ..........' ~ '1 ,..A. c c,; ':~~;/ \',' \)-Y."'..'''II ....." ,~~ ,-. "'", It"-" ~"t"~/:,, #;....... ....\ f\l'~ l'I" ',J 0;.. .:,\W t\ JiJ41 ". ~ , ..... '"", . - I\N~~' $e~:r) .~ .. P'~A\t~;L l ~ -.:=... <' ..~ .' ,,' .l ~ "i--:,. ';" ^'~.tt~" ~."~ ....,~ ,.:. ~, -1.,.~ "'........ .I""~' \..... 'l"IJf.J, DF ~..,~~>"\ ,..\\. ,1I'/llllIl n .'1'1 \~~" I have hereunto set my hand and the day and year first above Pu lie for State of Montana si ng at Bozeman, Montana My Commission expires: 10"1'1-87 ~ STATE OF ---./f 1Jdf)/JM.tJiflf)i )1 ss. County of e-JI{)lAft )._~_&.J On this .2 (;/--/L day Of(,~-"i'v.-J , 1986, before me, a Notary Public for fhe State of ~~~:5, , personally appeared Philip Saccoccia, Jr., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, affixed my official seal wri tten.- ~..,..'.^ '. '''i ,,;r~:t~;l' "', .' ",r:~,'~~~:~:\('~'".' ',,":t. ~;- . :~ (-Nota':,:4.j.1o;:",Seal) .....~: .... " '~' .;,;~ ~, - . ,-',: e:\, . '...';,.7"::.. - "'- ~ 1 -ne;.~'; ",")Ii': ," ....r/<\;":~~.}J~J<:..':'..l',::,~l .;,'trt>\t~,. " ,. <'t. - o,;;,J.l,'f" .' . ~".#'". ~ ~i"'i."}'~". -", ./ h .''''\ -~ ", ' 1.:10 I have hereunto set my hand and the day and year first above tij~Agi.)rf<t1f1,J Not'7-r~ Public,fo~ .state of____./L-J.jJ, Resldlng at (J:{edll~/....,.:t My Commission eXI:>'ires :h1J \r~rnrnission Expires March 24, 1981 r . , ~ " 1 STATE OF MONTANA 55. County of Gallatin ) On this /(Pdt day of t5ez&6t.{/ , 1986, before me, a Notary Public for the State of Montana, personally appeared Jerry Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. t\\t\' H~ ~t, t'l! ",r t, .' 'if A' C') .""" '~~..,..~.. ,., ,~- .<::'(~.~~~ij;i:'.~e~l ) :. ,\\)\i~;JIU., ~~ .: \. l. 'III . : ,-{E" A'''' :,. ;, ~ ~ J * J g _A.I )...It.;;: ~ I.' . *> , ~-~:"':- ...l", .... .. .::..... "- "'~".. ",.- a ,,' ':, .a':: r""" II"....... ...~~. ..... "',,': OF' ~O1" ..... """""'1..u''''.- '12 Publi~for State of Montana esi ing at Bozeman, Montana My Commission expires: 10-lf-8t' -9- .,' FILM 98 PAGE 077 STATE OF MONTANA 5S. County of Gallatin ) On this itorh, day of (9ftBfJf!A./ , 1986, before me, a Notary Public for the State of Montana, personally appeared Cathleen C,Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above \-lri tten ..,. .,":'\'..l't'''t.^''t~t' 0\-'\'1, \ .:,;.: '''(, A~ ,"'~ ,Ij ,...... ~ ~ ....._. '~r" ,J~ .--- :> ,.... . . ""<~'+ ~ .l t~W~\$'e[~l) .~ ~: S B*r~f) ~ ~ t.t"),"'....., c,ot...;:- ....... >~ ..... jo~:..,r, .",'" i:- .." '1/~ -..f1It.a." ,of'i*' ;,\.\ "/'1,1 ... or: ,,".J!< !"!'. ~\ \ ,\'~ f~ I J I I, \.. "~,, \ ,f/~N.lf'\~P'- ') <JPJ ar)f Publi -for State of r10ntana siding at Bozeman, Montana My Commission expires: IO-/:{. 8'7' STATE OF MONTANA ss. County of Gallatin On this ...?/::i! day of ~(iMIttz1~, 1986, before me, a Notary Public for the State of Montana, personally appeared P.R. Nelson, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ~~ official seal the day and year first above wri tten "'\ \,'~I~HI.jHl", '., '.. I . .." A.). "'1 ... ,,' ",'i. . <':0 '1/ '( ".' '\)..... .."'......., C I,"," . :) "to"- "''''''',+ ~ 9~f~~A.i~~'~~e~ ) ~ SE: All., S,. ~ ';. , .f"'~ : :: "'111",_ ~~ ' ",,~'" 1 , "~:\. .." ... ~ ~ ',{.. ~... fit" :"- ,',. .....",.", ...,.".... "'\t'\ ....." '!l!, I.",.~ OF t:~'O:\ ,~....",,, """~""I'HI,I""" STATE OF MONTANA 55. County of Gallatin On this 26th day of January, 1987, before me, a Notary Public 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 the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and ackno~{ledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. :' ~'... "( .,~"^ , ';'.;) :\\C' . : ~lf1i.f ~Seal) ~ ,.., .i>oa ~.~, ;,.,;: : ,~- : :.:.1;,'" '. : \ . .. " ~ . ~ ," ~"" ..... ", ..,. "".,": "~t',"1 '" *:jII..........I.'. ~ ,'........'. ','r- ,'" I l; Or ~. ,." " " (\ \,.t ", , ~" f.. t. .,l' '" \ '\ \""... ~. ary Publi for State of Montana Residing at Bozeman, Mont7n~ My Commission expires: 1/1 '-I ( ~7 '\..."..- ......" , ., r"~" . .J .." !r;"'~ -10- STATE OF MONTANA ) FILM 98 PAGE 078 . " . ss, County of Gallatin On this i/~' day of January, 1987, before me, the undersigned Notary Public for the State of Montana, personally appeared J.W. TSCHACHE, known to me to be the President of HOME LEASING, INC., the corporation whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed said instrument on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ,\ \ \ ,!t\"'" "" III, \ ~::-'~'~~{;"'''; /~."" '~~\~~fAR;h SEAL) ':: ~~\" :<\>; ~ ; ::. '..' ''c.~~ j L f -', ..., -;:; V ... /,...' i .""~"" " ..I:,~t.~" ..:':;~ ~.~t .~ ......." iI:." ,......" "" IrA 11 0' \", ....~H..........>. \ ublic Residi gat: My commission ntana if;2-<; /9Y;/ ..- I >( . . RATIFICATION OF ACTIONS FILM 98 PAGE 079 COMES NOW the undersigned, as the true and actual owner of the real property and improvements intended to be annexed to the City of Bozeman, and do hereby confirm, ratify and adopt, in all respects, the actions, statements, and agreements made by J. W. Tschache as the corporate acts, statements and agreements of Home Leasing, Inc., a Montana Corporation. DATED this z.? day of January, 1987. HOME LEASING, INC., a Montana Corporation By { / ..~ '~-~~.K._ J.W. Tschache, President STATE OF MONTANA ) ss, County of Gallatin ) On this (?~ day of January, 1987, before me, the undersigned Notary Public for the State of Montana, personally appeared J.W, TSCHACHE, known to me to be the President of HOME LEASING, INC., the corporation whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed said instrument on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ," .\mllllll"II, .,"'?..\ ~~ ;;~('~"C.I: " ,,-;. \ ......... '~VA. . ~ . 'y ,. ... '"':'f~ " ..}~~.... ~\~At.... ~tEAL) ":~~' ~'~'" ~ . -;: . S~..~ ."'-: = . ' , " '. ~ r < '" _ ~. \ i~f , "'~ ',':. .... ~ ~ It, . _III 'If.,., ~ ;::r- w .~~"....;..~~..."..(...., ,....::- 0" //_!:" ~ ~...w," ............... '. " :'. C {' ,~,\~,\ "'q",.,H" for the State f Montana :~;~~:~N;a~ /9 Y? , , PUBLIC STREET EASEMENT - FILM 98 PAGE 080 BAXTER ROAD PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION and HOME LEASING, lNC, J. W. Tschach~ of Bozeman, Montana, GRANTOR, 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, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, a perpetual street and utility easement for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, twenty-five (25) feet wide on each side of the centerline to be located on the following described property: A tract of land being a portion of Government Lot 1 of Section 2, T.2S., R.5E., P.M.M., Gallatin County, Montana, and being further described as follows: Beginning at a point which is the N.E. corner of Section 2, T.2S., R.5E., P.M.M.; thence from said point of beginning along the easterly line of said Section 2 SOl031'29"W a distance of 1326.09 feet to the N. 1/16th corner of Sections 1 and 2; thence along the N. 1/16th line of Section 2 S89032'44"W a distance of 1073.66 feet; thence N01026'40"E a distance of 1325.98 feet to a point on the north line of said Section 2; thence along said line N89032'38"E a distance of 1075.52 feet to the point of beginning. Said tract being 32.6935 acres. The centerline is more particularly described as follows: Beginning at a point on the east line of said Section 2, said point being SOl031'29"W a distance of 25.01 feet from the northeast corner of said Section 2. Thence S89032'38"W a distance of 1075.48 feet to a point, said point being the end of said easement. The GRANTOR warrants that he is lawfully seized and possessed of the real property described above, that he has a lawful right to convey the property, or any part of it, and that he will forever defend the title to this property against the claims of all persons. EXHIBIT A, page 1 of 2 , . ", FIU1 98 PAGE 081 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 :J9-th day of r&".6~/ , 1986. GRANTOR HOME LEASING, INC. r!-:'}~~. /) By'//f< A-<-j7~--t:~ f?-r-z-. I . /1f/~---~' - ,j I (/1 ( !/9--c-K~-- ~J. w. Tschache STATE OF MONTANA 58. County of Gallatin On the rJqm day of ~t.:..>>;1(;11) , 1986, before me, a Notary Public for6the State of Montana, personally appeared J. W. Tschache, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed. my seal on the day and year first written above. ,,",'IH:UI,h,. ....'\ ,\ A '. '~J .: .~, .... ....... 'i . C.-. ~,"" . ',"" .~""../II ....'~ fj,'~::1i{ ...."'..J ."'..... "~'..; 'i"~,~. ">..~\...\"J' At.; ,., .~./ . ~-: ~;::iJ:.,'A.'E~Jl1l,~ .."~/ ~ \SEAL'} . J .~_.. ... ~ j...., \~'- .., . ,.~m,.. .:t."'f f ' ".~ ~""-- ".'...'..41i11"'..A" ..,..~ ~/ .,.,::tr ", iIlI:''\I, '"bY"' it. "'..' OF 'lIi~ " .,,~ ~j Jlt, "UH' l\ "~,,. Publ~ for State of Montana es tling at Bozeman, Montana My Commission expires: IO-/'1-8!? EXHIBIT A, page 2 of 2 STATE OF MONTANA FILM 98PAGE 082 ss, County of Gallatin ) On this lL:day of January, 1987, before me, the undersigned Notary Public for the State of Montana, personally appeared J.W. TSCHACHE, known to me to be the President of HOME LEASING, INC., the corporation whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed said instrument on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. .~ l""~' \ ,1. j .,~'f' ,...,;", ~...,;,,~ .:;. Q \' J~ I "11'1 '. ,.. ....\' <..A " " '~ .' ...... "'." '", . C) .... .',; '''t' ~ : Q;;- " ......, "': rt1' ',:c ~ :: iii. \~ "".\nl"it .' "Ao.ft"O ~ >-)': \,'" ',".- ::: '~ ~ ~Mi /~Ar51 ~ \~~~' ,., j i ~,.. ..... "" io. ... ~ :"- ". &')t .. ,',I ".... ~ ~ .J.... -'f-,., ......"~;.._A~... ~.:- "" 't" OF' ~a" .\\\" """~"'u, uu"\\" Notary lic for the State 0 Montana Residi I at: Bozeman~ ~nta a My com ission expires :{(<~c-:l c-.. ,31 /; f / PUBLIC STREET EASEMENT FILM 98 PAGE 083 BAXTER ROAD PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION P. K. Nelson, Jerry PerJdns and Cathleen C .perkins 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, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, a perpetual street and utility easement for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, thirty-two and one-half (32.5) feet wide on each side of the centerline to be located on the following described property: A tract of land located in Section 1, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and further described as follows: Tracts 2 and 3 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. The centerline is more particularly described as follows: Beginning at a point on the west line of said Tract 2, said point being S00054'38"W a distance of 556.52 feet from the northwest corner of said Tract 2; thence S57D41'09"E a distance of 1283.51 feet~ thence along a 600.00 foot radius curve to the right, through a central angle of 57057'30", for an arc length of 606.94 feet to a point on the east line of said Tract 3. Said point being the end of said easement, and bearing S00016'21"W a distance of 48.85 feet from the northeast corner of said Tract 3. 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 GRANTOHS. EXHIBIT B, page 1 of 3 . . - FILH 98 PAGE 084 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 , 1986. GRANTORS P. K. Nelson J~fL fJd:ttJft1-- 4, ~JL~/' Cathlee-h C. Perkins //~ STATE OF MONTANA ss. County of Gallatin On the J ('0{ day of (Y.(I"ttJOW , 1986, before me, a Notary Public for the State of Montana, personally appeared P. K. Nelson, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. .,\\\""""", ,,\ "fll, ,\ ",A. Co '-'", ,"\J ..-........." O.L,. ",;~ <~) .. ~. "'{ .., _ i'~~W~.4Ll"'1) '. S J...tH .. ~' - . .:- '::. ..... ~... ~ .: ,,,,,p/,, .... . ,." .::" "" ~..~ 4,., ......41~ ""~~\-.-- ..,," 1'~/'i It OF 'I(',~ \. ft.""'''''' rt, 'II, UIIlU\' ~,\' . 10 Public for State of Montana es ing at Bozeman, Montana My Commission expires: STATE OF MONTANA 55. County of Gallatin On the if/; ra~ day of (JlfLz,fJ(l{) , 1986, before me, a Notary Public for the State of Montana, personally appeared Jerry Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed mY"seal on the day and year first written above. ,'1.""",,&.1 Ootith'.Ji"f'I' ' f'\'t A. CO,""" .~. ""'. ./. <-, ;.I,"" '\v " . - ",. ~ , ''In . \. ,,:\~ IJ\IJ/l." ~- . .4W# )"', ,~tJ.iL\,..1 .,~ '~ '~., .' ~ .;." ", . .."'- l ......... ,.....,.... ~. ~ j"" "'::.' '\ .~i1'I.~" ~ /? /J ' L r<' 0&= / Y PUbQ for State of Montana L~S Cling at Bozeman, Montana My Commission expires: IO-/7-~7 '. . , , ~ I' I \, .\ EXHIBIT B, page 2 of 3 STATE OF MONTANA fiLM 98 PAGE 085 ,I' , ' . . 55. County of Gallatin On the I/O;/]' day of ()i'P/1J.bf;U i 1986, before me, a Notary Public for the State of Montana, personally appeared Cathleen cperkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunt,o set my hand and affixed my seal on the day and year first written above. ,\" \ II lilY';', "",1 ..., A J._ 'If" " '('\, . 'c.:O " -,' ,~"'.......... 0 "". .~, ... '" .. T ~ ;/' ~~tARI4{"\ '\ ; ~ S t"AL i ! - \ 'J....,' . : ~ ,..I' . ' . "'" ~... ("I/"l .... ....,~.. $, .......;~ tlll. II." ~ " .I,.... .,..~ '.........~ ,.~ .........' "'" Of:' "~~ ..,.- '/~"".,u, ...\11;."\ , c./ PubI'c for State of Hontana ~esi ing at Bozeman, Montana My Commission expires: /O-/r-8:J EXHIBIT B, page 3 of 3 PUBLIC STREET EASEMENT FILM 98 PAGE 086 . .. NORTH 19th AVENUE PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION and HOME LEASING, INC., J. W. Tschache of Bozeman, Montana, GRANTOR, in consideration of receiving annexation to the City of Bozeman along \Vith accompanying rights and privileges and for other and valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, a perpetual street and utility easement for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, twenty-five (25) feet wide on each side of the centerline to be located on the following described property: A tract of land being a portion of Government Lot 1 of Section 2, T.2S., R.5E., P.M.M., Gallatin County, Montana, and being further described as follows: Beginning at a point which is the N.E. corner of Section 2, T.2S., R.5E., P.M.M.; thence from said point of beginning along the easterly line of said Section 2 SO]031'29"W a distance of 1326.09 feet to the N. 1/16th corner of Sections 1 and 2; thence along the N. 1/16th line of Section 2 S89032'44"W a distance of 1073.66 feet; thence NOI026'40"E a distance of 1325.98 feet to a point on the north line of said Section 2; thence along said line N89032'38"E a distance of 1075.52 feet to the point of beginning. Said tract being 32.6935 acres. The centerline is more particularly described as follows: Beginning at a point on the north line of said Section 2, said point being S89032'38"W a distance of 25.01 feet from the northeast corner of said Section 2. Thence SOI031'29"W a distance of 1326.09 feet to a point on said North 1/16th line of Section 2, said point being the end of said easement. The GRANTOR warrants that he is lawfully seized and possessed of the real property described above, that he has a lawful right to convey the property, or any part of it, and that he will forever defend the title to this property against the claims of all persons. EXHIBIT C, page 1 of 7. fiLM 98 PAGE 087 , ' 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 cJ9~~ day of ~,m/UA) , 1986. GRANTOR HOME LEASING, INC. B~. pf~t::-~dZe- /. ~~~ 11 / . W. Tschache t:-~i ( J STATE OF MONTANA S8. County of Gallatin On the c190 day of ~m@1L?{/1/ , 1986, before me, a Notary Public forVthe State of Montana, personally appeared J. W. Tschache, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed rnr seal on the day and year first written above. ,\\\\\II111,-!,:,tt",,; '.\ ",:.' "(.,c A.. , CO,",,''I'i ' '.)~~..,~......... O/r "li', ~ ./rs'tWfA["".... \l,J ~ S'E,AL.. J/.;;:~ .' . ~ . . ~ "::.'" t\ ."'., '.AitI..:- ......., t,J)to ...~' , ,:~,~,,""'...~ "..-:: ~,,' 4"", ............ ~~. .. "" 'r: Or: .,..",\ ..", t'fl/ yqv,-,_'''' JJ'ifU',-tH\'t. EXHIBIT C, page 2 of 2 STATE OF MONTANA ) FILM 98 PAGE 088 ss, County of Gallatin ) On this ~day of January, 1987, before me, the undersigned Notary Public for the State of Montana, personally appeared J,W. TSCHACHE, known to me to be the President of HOME LEASING, INC., the corporation whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed said instrument on behalf of the corporation, IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. . \ ..",-H'" j ~ f htl~1 f~ ",', :\ ...El4 ,,c't y~ ......io.... Itr~ :~j. ~_~) _Ii.. ' .".~ '( /'-';<.... v ~ "t'" nlll( ". ..-0 .., ~:. ~~'R\\ ,loll tI~~ ; - ,. ~ ~. ". ~.., ~.. st '.. iSE!.L) - . ~ ~ ~-:. ... ' ' '~""..,..::!::r {' ,.... ,.". . ...,- ~ ..;, "'"" ......", .,. A.~ .: "', ~..,.., ,~..,.......'/l ..\' - " ". ~Jo... alt" . ," "I. .....,,- t;:-' 'C" T~-W ,it' "4 r \,\\ 'If'''fIlU1l\'\ -'" for the Sta of Montana Bozeman, Montana expires: /' ublic Residi gat: My commission PUBLIC STREET EASEMENT fiLM 981'AGE 089 NORTH 19TH AVENUE PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION P. K. Nelson of Bozeman, Montana, and Philip Saccoccia of Pass Christian, Mississippi, 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 acknowl- edged, grant to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, a perpetual street and utility easement for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, twenty-five (25) feet wide on each side of the centerline to be located on the following described property: A tract of land located in Section I, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and further described as follows: Tract 4 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. The centerline is more particularly described as follows: Beginning at a point on the south line of said Tract 4, said point being S89021'45"E a distance of 25.00 feet from the southwest corner of said Tract 4. Thence N01031'29"E a distance of 1329.64 feet to a point on the north line of said Tract 4, said point beinq the end of said easement. 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. EXHIBIT D, page 1 of 2 FILM 98 PAGE 090 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 , 1986. GRANTORS P. K. Nelson Philip k) r:/~ STATE OF MONTANA S5. County of Gallatin On the . )J2d. day of 0 d<JfU/L/ , 1986, before me, a Notary Public for the State of Montana, personally appeared P. K. Nelson, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. . ~ \ \ \ ~ ' ! \ ! . . I ill, 111 ," ".... '( A. C J,.;,~ . ,'.J ..~..... Co'~ ,', ::,-.:.,., ..', +~ ~."',\~.!t:ti7)l~ .... ~ ~ Sl!:1\Lt1rA,'( ':.. ~ : MEAL: : \i)' } J r_... '.of'.. "_. ..... ' f .~~ ,"'.... "~ ~'" ~ ~ "J' ~ 8. .~(t. ..,. '" .....j '!f~ -../1..'" .~'.,.. ,~......", "'1,,; O>r.: t'~O~"\'~ ...",,~ )~hff''',., H'" ,I'~ N STATE . . OF---'i!)j)j)J.,/J))1iJ J.J o fjJI (1" /t M&.rJ ss. County . - ') On the c~~sf./vday of(,. ~ / .)'1 - t} ) before me, a Notary Public fa the State of__ personally appeared Philip Saccoccia, known to the person whose name is subscribed to the within and acknowledged to me that he executed the same. , 1986, me to be instrument IN ~lITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. . '. \ ' \ ~ I I , , t ; ~ ; " , . j I ,'." . '~ L L. ." "'i;' " "....... ...... '; \~.::"".,.,,~ ..'I~.,".1l. I .....--:,\ };_/ ,/~,;:{S~1;~,~j.,::.,; ", '~,'. ,..4' /. ~ ~ ~~ ~ ~"'.. .,~ ~.~. ~ f -: '.r;. ,. ":'T/': . - ,_".: :;:~;... .:.~;-Ji.' ) .t .' , ,'1' I' ~ c!;/ ~ fx',\ A~ ' J!Ll1-/~) Not~.r~ PUbl~C.C 1,1. for.. S~at.e.t.9f-.-/,fl..L) , Re S 1. d 1. n '? a ~\'~'ji-ikl!Ji) &;0 ' My ConunlSSlon exP~re.s. My Commission ExPires March 24, 1987 EXHIBIT D, page 2 of 2 .' PUBLIC STREET EASEMENT fiLM 98 PAGE 091 ROAD ON SOUTHERN BOUNDARY PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION and HOME LEASING, lNC" J. W. Tschach~ of Bozeman, Montana, GRANTOR, 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, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Hain, Bozeman, Montana 59771-0640, GRANTEE, a perpetual street and utility easement for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, fifteen (15) feet wide on each side of the centerline to be located on the following described property: A tract of land being a portion of Government Lot 1 of Section 2, T.2S., R.5E., P.M.M., Gallatin County, Montana, and being further described as follows: Beginning at a point which is the N.E. corner of Section 2, T.2S., R.SE., P.M.M.; thence from said point of beginning along the easterly line of said Section 2 SOI031'29"W a distance of 1326.09 feet to the N. 1/16th corner of Sections 1 and 2; thence along the N. 1/16th line of Section 2 S89032'44"W a distance of 1073.66 feet; thence N01026'40"E a distance of 1325.98 feet to a point on the north line of said Section 2; thence along said line N89032'38"E a distance of 1075.52 feet to the point of beginning. Said tract being 32.6935 acres. The centerline is more particularly described as follows: Beginning at a point on the east line of said Section 2, said point being N01031'29"E a distance of 15.00 feet from said North 1/16th corner of Sections 1 and 2. Thence S89032'44"W a distance of 1075.64 feet to a point, said point being the end of said easement. The GRANTOR warrants that he is lawfully seized and possessed of the real property described above, that he has a lawful right to convey the property, or any part of it, and that he will forever defend the title to this property against the claims of all persons. EXHIBIT E, page 1 of 2 fILM 98 PAGE 092 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 :.J cr-A, c 1- day of illfll(hl/I(lIlJ , 1986. GRANTOR. HOME LEASING, lNC, yr/f;;:P-<L<:P <, . f?~-. --~y;r~f~~_- J. W. Tschache STATE OF MONTANA ss. County of Gallatin On the ;Jc;-r,6 day 0 f oA Ildtb..Mm4 ) , 1986, before me, a Notary Public fo~~he State of Montana, personally appeared J. W. Tschache, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ,O\l'I)UH", \\\\\\ 'A' t"'~/, " f'\ "( . Co I. .~.. ~y to..."..". 0 "1'.... , :::> .It~' .'. /r ~ (~fJ1ARI4i'.\ \ \~~XL/ f ~.~ ~"...ot ....,i' " J~,. iii".", .........,..,,~ ..,': I'~ "'.11.... ""~. \~ .'.0. '.: f) ,":" "iI~.<\' tlr""" <'/1"'"111'1\-,\\\1,111 y Pub for State of Montana eel ing at Bozeman, Montana My Commission expires: 10-/1-8'1 EXHIBIT E, page 2 of 2 STATE OF MONTANA ) FIU1 98p4GE 093 ss. County of Gallatin ) On this ~~ day of January, 1987, before me, the undersigned Notary Public for the State of Montana, personally appeared J.W. TSCHACHE, known to me to be the President of HOME LEASING, INC., the corporation whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed said instrument on behalf of the corporation, IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ,'.\" II II "t/lfl ,\\\ 0.'" ",....,,~ '~,-t. ,. ," ~\,I)...JtA' """ ~~ ?\ ...C1e... ..''''4.( 'io ..../ ~ "":,.....11' ':. ,-4-.. tI"'O ~ ,-:: 0.' ~ \,lIUl ". .~ :: 0::".: ~'l"I\''''.,"., ;:. ;~ ': ~ ~~',~t~~ S~AL) ....., . 'c:; " . . ~ : ~ i , ' ':.: -: w. ': ~::. ~, ... ..(1 <<::- ~ ..~... ~...,. ...fI-- .!~ .$" "". ~J--.,"i1,.,."...II. t~"\1;. ,-".. '<',. .( 7'E '01:" "" -"I If, f ~...,,: t.\",Ji"\:' Notary P lic for the Sta of Montana Residin' at: Bozeman,,~tana ~_ My commission expires: V/z ~/ /5'07 PUBLIC STREET EASEMENT fILM 98l'AGE 094 " OAK STREET PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION P. K. Nelson of Bozeman, Montana, and Philip Saccoccia of Pass Christian, Mississippi, 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, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, a perpetual street and utility easement for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, forty (40) feet wide on each side of the centerline to be located on the following described property: A tract of land located in Section 1, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and further described as follows: Tract 4 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. The centerline is more particularly described as follows: Beginning at a point on the west line of said Tract 4, said point being NOl031'29"E a distance of 40.01 feet from the southwest corner of said Tract 4. Thence S89021'45"E a distance of 1390.71 feet to a point on the east line of said Tract 4, said point being the end of said easement. 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. EXHIBIT F, page 1 of 2 ,. , . . , , flU'! 981'AGE 095 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 , 1986. GRANTORS //~ P. K. Nelson Philip ~ '. S~ c cc . STATE OF MONTANA 58. County of Gallatin On the J!}.!I day of fP (rjrWl1) , 1986, before me, a Notary Public for the State of Montana, personally appeared P. K. Nelson, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. \ ' \ ' " \ \ \ ~ ~ I ' I ~,' t ! : ,I I ~ ,.", ....'{ t,. Co "','I ." ~y ,.,...... O.....'~' . ~ ~..- " "'oQ~.. ~ ~, . ,.. 'T, 1'\ I.. ' lS~~L1riy \ \ ,- ~ S t: .~ I ~, ~ .. J W ,t"~L .: ;. .. .. .:- ........ ~.f' "'.. .."" 't:~ ,;," ~ t' lt~tt ....~ ,'.""...... ....1"".. ~,.,/'!\ ~.,..".II' "I~"". ..,..... '" .. OF tr~,;. ." t'l/ .,:.. "", Ilhu'HU"". STATE OF<.-/h Li'/Lt/]/),I../J/JJ, /7/' I I County of ,4t1h)} 1:J)(~-.....J ss. r--' -1 c ,1 !J \ On the .r7-)'~;lL. day of '",_ ,.---d, ') before me, a Notary Public f r he State of -----4C.l) , personally appeared Philip Saccoccia, known to the person whose name is subscribed to the within and acknowledged to me that he executed the same. , 1986, , me to he instrument IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. , \ , , ,I , t_t.. t t I ~ } I,. i "<"E \\\\ ~ t. L L ': ""'-' ,,\\ if .. , "- 'I 1'", ,......' .,r ..".".111,,'111 ,~ ,"'.. '....".111 ~,f~' .':.. ~: ~ .... (SEM"\":'''''''' ~:, , J . ~ '-"-1'1 . ~.'. -' ::;. ~ i e',A. ~ ' :: ~ ",_ ~;.. r; ~~. .." <'\ ~,~, 0, ~;: (',. ,~ -.0' .."/, ""r:';' .':\:;~".P'.::<:;;,;....,::<: ',.,,: '.,J f" -) J" ""., .1'I,Jj,';..';.r:l \\\,1' V l~M a < ~. / /(;1... j:' j.JJ No ,:,-r~ Public for S~_a.:,t~ Of~__<.:t1 Res~d~ng at BozQma-B, "}/,{cMfWM My Commission expires: M II, , Y Clmmlssfon hPiru March 24, 1981 EXHIBIT F, page 2 of 2 OAK STREET filM 98 PAGE 096 .' PUBLIC STREET EASEMENT PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION P. K. Nelson, LTerry Perkins and Cathleen c, Perkins 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 l'1ontana, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, a perpetual street and utility easement for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, forty (40) feet wide on each side of the centerline to be located on the following described property: A tract of land located in Section 1, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and further described as follows: Tract 3 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. The centerline is more particularly described as follows: Beginning at a point on the west line of said Tract 3, said point being N00054'38" E a distance of 40.01 feet from the southwest corner of said Tract 3. Thence S89021'45"E a distance of 1390.68 feet to a point on the east line of said Tract 3, said point being the end of said easement. 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. EXHIBIT G, page 1 of 3 DATED this day of , 1986. fiLM 98 PAGE 097 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. GRANTOES //~ J~Ki# 2a 0~ f1JJllf/,,r-1:} /, YuJ~ Cathleen C. Perkins P. K. Nelson STATE OF MONTANA 55. County of Gallatin ,'=! ref /JJ ,~..fI. ) On the ,J. day of ( y(J1.t{ U{ , 1986, before me, a Notary Public for the State of Montana, personally appeared P. K. Nelson, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto ~et my hand and affixed my seal on the day and year first written above. "~,,nHt"'J, \\" f"f, ,,' 'i A.. Co '':t, ,~' \'" . ....... 0./0.. '" ... ~"J t' .iI . r, ' ,/ ) ...~.... ~'~!..... '':0:;, ~ 'r' i . ~ ~ "', ,~' . ... ~{s'" E~..L} } ,,.. l~".-- ....:. -.. ,.- :. ...... " 'fIiIII .. -:~4L' .t'~ ..~~ '!'..~~ 4..\ ,l ''''-, ,,~ ,.......... ~~. .... ,1;/.1 't C"'" 'II,......' \ ....,It '~'~'/j ',- ,.. \,~.~II , ~ I'l , , t' ~ ~ l . \ EXHIBIT G, page 2 of 3 .' fILM 98 rAGE 098 STATE OF MONTANA 55. County of Gallatin On the Iw"t}.J day of (?)/itffttif/LL ' 1986, before me, a Notary Public for the State of Montana, personally appeared Jerry Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed t.he same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. \.\111111111,/, "..\\ ^. ,_Il/flr .,':. ~ 'i . CO' "., " \...;"" .......0 " ') .,." "~'.I. ,'~"" ...~ II' ...,~:1 ~ ~\l.'!f, '....' "';. :' tISBiil\11.;/.. .. ; ~ti A Lr" 1 _ .~ I.J .J::A ,(")., .: _ ~ tfI '... .,.' / .~, ,...~ 41.., ... .....~ ..... ....,iI' ,~,..~ -"'III....... ~~. ...," "'1~,_""~ OF ~-::,~\\I\.,...'''' """"" ~1.. H~~i."l' /)"1; l<~. " .r Public for State of Montana esi ing at Bozeman, Montana Ny Commission expires: /0-1'1- 8:.r STATE OF MONTANA 58. County of Gallatin On the JliJ-tib day of f}f1,.tO.{;i/!/ , 1986, before me, a Notary Public for the State of Montana, personally appeared Cathleen C, Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ,,'''"111~ "~"~' .., A"" ~", ~I"\ . CO' ",. " .... ~... .......... . C",' .,:.::..... :> ...-' ...CI.~, T \ :/ ....'1~~.... \ ~ fS~AL.,l ~ ; ~ y '. : ~ ~... ;0"'\ -II. ",.. l . ~ ,\ II". ," ..,rfj. h. ,~ ~ "1... " .. ,A'r- ~ "'" '/:to ."...011.. -.r-...,;.... ..... '",.... CF KO~'\ ,.',- "I't I..",U ~ IP"""'\t.. EXHIBIT G, page 3 of 3 PUBLIC STREET EASEMENT fiLM 98 PAGE 099 " ROAD ON NORTHERN BOUNDARY PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION P. K. Nelson of Bozeman, Montana, and Philip Saccoccia of Pass Christian, Mississippi, 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, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, a perpetual street and utility easement tor the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide on each side of the centerline to be located on the following described property: A tract of land located in Section 1, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and further described as follows: Tracts 1 and 4 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. The centerline is more particularly described as tollmlS: Beginning at a point on the west line of said Tract 4, said point being SOI031'29"W a distance of 3.55 feet from the northwest corner of said Tract 4. Thence S89030'38"E a distance of 573.03 feet; thence along a 279.34 foot radius curve to the right, through a central angle of 24034'44", for an arc length of 119.83 feet; thence S64055'54"E a distance of 186.40 feet; thence along a 400.00 foot radius curve to the left, through a central angle of 24025'51", for an arc length of 170.56 feet; thence S89021'45"E a distance of 351.85 feet to a point on the east line of said Tract 4, said point being the end of said easement, and bearing S00054'38"Wa distance of 140.00 feet from the northeast corner of said Tract 4. 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. EXHIBIT H, page 1 of 2 " FILM 98 PAGE 100 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. DATED this day of , 1986. GRANTORS // ~f~ P. K. Nelson ~ PhiliP. ~CO~ STATE OF MONTANA 55. County of Gallatin On the a.L!!i day of (getblju) , 1986, before me, a Notary Public for the State of Montana, personally appeared P. K. Nelson, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS affixed my seal \\1111""'''1 ,\'\\' ~ J,~" '~. .". ,-y~ ,~,~- CC:~"'.I'.1 ) '\,j ",,,,,.Jo,~ .'::'1.. .......(. ~ ). ._" .~I:'... I, ' ;;. .... \. ~,~ f1 ~r ~ ~. ".;, . " \ \;" I' ,,'/ . , .. [~~~iI .}/ ~ _ \"eRL f 1 ,. - '" .. ...,., .... "''''', ~.~ ...~., ",~ov."t-"'\.,,;.~ ,,:!" I.....~ ~.-.....,~ ._.....4. ,~..~ ,...... -t., \,.' r",." lJ\,f1C'~ \ ,,'II. !"',. .....+ ~ "l l I ,.,'II!\.' .U~IJ!lq"""P WHEREOF, I have hereunto set my hand and on the day and year first written above. Y Pub for State of Montana VRe ding at Bozeman, Montana My Commission expires:/O-/Y'dl STATE OF ,..( J ,/111 / ;. li64""r:'/ '---c:::l. - ~"'t..J-^"'..:L':/ 7 j ,A... County of~)l(ll/Y h A./~_JtQ J 1..,,,, 'I>" V -. _ On the-1<l)v day of \'--:X ~H;;;' lJ{jU before me, a Notary Public for 1the State o~, /1/7 -L\ . personally appeared Philip ,Saccoccia, known to the person whose name is subscribed to the within and acknowledged to me that he executed the same. 55. , 1986, me to be instrument IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ,\!!"d1ffj , \.. _ 'fJ!, ,,L'...."" ,:,~ ' "- " ._ fI '1111.... . J I ~, r.. \~~ ,._ti: !,,-~~w'l! 1....'i~ ..., ..... ",: {:J "".. It,-:" ,'- .. .)- 0 of-:: :; r~ S E?}.L l ,.. .~;: ~ ~ :C' ~ ";Z~:." ,: . 'J..-l ~ <P --<.~ .-' : ,- ......'</":.._, .. . '" ~ . , ...~ (f. ,", Q .... ", ("'~ '-~~ ........ iii"..,..,. .""".... l ...,'" "-' ~.' ~.., ~. ~ ,\,\ ....\'.. ",' ..J .",'" , <; I . I ~ , c'f Q{tfifrf):kpif).J No ~r~ PUbl~_9..1 fo+, s.,t.a!-_:Lof_.4'L.:/!' Resldln~ a~\"lJJ;--UJ.I-/:&/vr., , My Commlsslon ex4?tres: Mj ~olllmission EXPires M h arc 24, 1987 EXHIBIT H, page 2 of 2 PUBLIC STREET EASEMENT fll" 98 rAGE 101 NORTH ELEVENTH AVENUE PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION P. K. Nelson, Jerry Perkins and Cathleen C ,Perkins of Bozeman, Hontana, 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 11ontana, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, a perpetual street and utility easement for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, sixteen and one-quarter (16.25) feet wide on each side of the centerline to be located on the following described property: A tract of land located in Section 1, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and further described as follows: Tract 3 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. The centerline is more particularly described as follow's: Beginning at a point on the south line of said Tract 3, said point being N89021'45"W a distance of 16.25 feet from the southeast corner of said Tract 3. Thence N00016'21"W a distance of 793.40 feet to a point on the north line of said Tract 3, said point being the end of said easement. 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. EXHIBIT I, page 1 of 3 flU1 98 PAGE 102 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 , 1986. /r~ 1#. K. Nelson GRANTORS ~tk J y P kins ~ ~~ . .~ {!P(1;n~ Cathleen C, Perkins STATE OF MONTANA SSe County of Gallatin On the J Di day of (J(~ , 1986, before me, a Notary Public for the State of Montana, personally appeared P. K. Nelson, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. \.\,"111I1r"" .' "\t,,,\\' "'"A Cf I,fi" . ,",' n'(. .' O""'~ \.', ~ \'.-J Iri~"...:'. 0. '~, "' ~ .....>...~ ...... It \ .-\'CJ.={m., ".~ ~ : \_. ~f't 11\ :. ~ S t1AL j ~ , ~ ' .. " . " -~. ....f!\ -.. ...~'" ...::: ~~.;... III. ._ ~~ ~ ,I'<('J' ~~ tI....,......tIt~ "'\.' "" ~ r)r:: tt.?~p ".- j ~ '" j 'j ~ ,\. _~" 10 u'u..,~)P(~.. EXHIBIT I, page 2 of 3 " FILM 98 PAGE 103 STATE OF MONTANA S6. County of Gallatin On the /0 ~ day of 6-rrllbM,/ , 1986, before me, a Notary Public for the State of Montana, personally appeared Jerry Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS affixed my seal \\\"'" '.""""'111,. ,,< "'( A. c 1'1 "," . v\;> ~ . .... ~ 41: ~ ..',.... ".Ij. . ~ .,... '.''-''..1~ '::. ...",~ "'11)1.~! '# '\.' ~ : \t 'oJ, KJ LI/_~.. ..-=. : r<!Si;~ ~ -: ~ ~ ;")~ ~}'l" ; ".... A- ~..I. '. ,f\..Lt ..... "~'.'" ,........~..f ',.A ...., 11.""1 .t~~ ,.... ,..~,~ -...,...11 ,#If t"-" .......... .,~ r:'~ ~-':t.~~t-.l,\'.'" , , , ~ i , j f t ~ , I !. 1 \ \ ,-' WHEREOF, I have hereunto set my hand and on the day and year first written above. '-J(}t5~/ 19 t';l- . Fubll'~-for State of Montana L eS1 1ng at Bozeman, Montana My Commission expires: IO-/7~6'1 STATE OF MONTANA 55. County of Gallatin On the lid-dz day of (~1J , 1986, before me, a Notary Public for the State of Montana, personally appeared Cathleen C. Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ,\ \ \ II "tnllllll "," ,s' 1"'\ "( A. .CO It'Jo, :--' ~""""'."IIl"''''.''.' 0 1'....1"': :, .,... ....1" "l;. ~ /~Ie~~~~l \, \ . ~...SEAL) .; ",..~ f".f'\" 'lillii'll ,:' "'.... ~ .:.... .,', .. ., ." 411\""''' , ~ ....r.~ ~"...'III.II.1!i~""::\. ......' 1',. ,-....., V" '\ '~.J..~ i.; :O:~' ",0 ,........ .~'li.,I!'qH.,'\..." EXHIBIT I, page 3 of 3 ,,1' ~ ' fILM 98 PAGE 104 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR IMPROVEMENTS TO PORTIONS OF BAXTER ROAD, NORTH 19TH AVENUE, ROAD ON SOUTHERN BOUNDARY OF TSCHACHE PARCEL AND OAK STREET We, the undersigned, owners of parcels of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being a portion of Government Lot 1 of Section 2, T.2S., R.5E., P.M.M., Gallatin County, Montana, and being further described as follows: Beginning at a point which is the N.E. corner of Section 2, T.2S., R.5E., P.M.M.; thence from said point of beginning along the easterly line of said Section 2 SOl031'29"W a distance of 1326.09 feet to the N. 1/16th corner of Sections 1 and 2; thence along the N. 1/16th line of Section 2 S89032'44"W a distance of 1073.66 feet; thence N01026'40"E a distance of 1325.98 feet to a point on the north line of said Section 2; thence along said line N89032'38"E a distance of 1075.52 feet to the point of beginning. Said tract being 32.6935 acres. A tract of land located in Section 1, T.2S., R.5 E., P.M.M., Gallatin County, Montana, and further described as follows: Tracts 2, 3 and 4 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. IN CONSIDERATION of receiving annexation approval along with the accompanying rights and privileges and for other sufficient independent consideration, to which the undersigned are parties, and in recognition of the impact to Baxter Road, Nort,h 19th Avenue, Road on Southern Boundary and Oak Street which will be caused by the development of the above-described properties, have waived and do hereby for ourselves, our heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for improvements to the portions of the following street easements located on the above-described properties: EXHIBIT J, page 1 of 4 Baxter Road fiLM 98r~GE 105 North 19th Avenue Road on southern boundary of Tschache Parcel Oak Street or to make any written protest against the proposed work or against the extent or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver is limited to the costs for the administration, engineering, inspection and construction in the amount of one-half of that for constructing the street (including curbs, gutters and sidewalks) to local street standards. This waiver shall be a covenant running with the land and shall not expire at our deaths. We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. The terms, covenants and provisions of this Waiver shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this day of , 1986. LANDOWNERS ~7/~>-"'" _:~j"/ ..' . '. ('I ~?r/ /A--.'C--/Z:~ ~J. W. Tschache ,/ ..-- .--:: ') Phi~iP sac~, :) . J?o~ G(}1~ Cathleen C. Perkins HOME LEASING, INC. ~) ) , A--c-t~L:----,--. r?~~ , /!/ )t~ P. K. Nelson EXHIBIT J, page 2 of 4 , . FILM 98 P^GE 106 STATE OF MONTANA ss. County of Gallatin On this ;J'1~ day of ~M..mAt1), 1986, before me, a Notary Public for the State of Mbhtana, personally appeared J. W. Tschache, knovlll to me to be the person \/hose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. "." 'f " "~: ...~~'::;.,.~'C'~"~"I" ..\"', ~41.."~"'''::. ~' ~- if. ~/' ft. I "';. ."'\'\'~I\:".II{'. . ,~ ',~~~. ~'L",~i)i/,.' ~ -: (\~ffJit ~aJ) '7~.. t,~iJI... .."",~. ....~.. "n\' ..II'~ '!;l...... .."!C~ ,.:.... ,....., ../'Lf!:r> ..II.....'.~"S'~. .."':~ "'-.. ~ Df: ~,,.,."'}\. \\" . S T ;:T~" l:l ~~<-.fl k1/-J i/,!j) J.,J) LJ,L; "/ . / r Coun t y 0 f :-1) ()){}'LI../J &'-0 '-'- - t7 On this (-'JS-='HL' day 0[, :irft,J-,f' , 1986, before me, a Notary Public for the State of,,~-WIJ' , personally appeared Philip Saccoccia, Jr., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. t PubllC for State of Montana esiding at Bozeman, Montana My Commission expires: /0-/"/-81 ss. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. , ;.: l. ;.. .~ "" ,.' ...." ~ . II '*. ~ " ~'/ A, '. ',. '" ,:' ~,' ....,-'"0- '1 (N~:;l~ar;.i'a 1 Sea 1 ) ,.- '0 ~:,:,. .:,,,, : 0' ~ ;l!' ,: ( '-, "... :. ("'" "'\ : ':. ~ .'. /C ..- ....~:,.. .,)1 iii.... _. W f ," ~,i\I ........... I . ""':'<::',,)~'A.'I":E:' OF MONTANA f ,,.,/v( ij) My CO"'" . '".flIH/on fxPir ,,', M' , c, Hell 24, lJlii ss. County of Gallatin On this JV;ti!" day of (J(~n!,,/!./ , 1986, before me, a Notary Public for the State of Montana, personally appeared Jerry Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,\n,'..nUf/~ "",.. A """1 ", ,i)"< . Cr> ',,' " ~\j ,.......'....0 '....... .," ...'~~(~~ii!~4'eal) : ~.' fIlL/,i ~ ;; ~ ,!t; r't y' E ~ " )- ~ ,(.L:..,. ~ .: t""l . ....;.' ...~~.*It"'. ....~,"".....,"'\~ ".:;...... ....~ ".",-~~ ~.,~~\.. ~",., ..~ Ot: !~~"'.i ..,..~ , , 'I f If"'" t ~ I 1 . . ' ," ~~(J, ~ ,N%ta PubllC for State of Montana '4esiding at Bozeman, Montana My Commission expires: /0-118l EXHIBIT J, page 3 of 4 1 , FILM 98 PAGE 107 STATE OF MONTANA ss. County of Gallatin ) On this /fo~ day of roeh},fyJ..,,/, 1986, before me, a Notary Public for the State of ~n~na, personally appeared Cathleen C, Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. , \ " t \ \ 1 t ! I ! ~ " , J J ,~,\' A (I'I ,,<','-'" '( "r.,.., I". ~~ly...........~....0 ~~ ~. '. T'" (~.o~.~rA-,~{lt ('&~a\) . ~r--:- ~ r : : . .'] "'" ,.. . :: ',~ A- .l..1 ).: .#}'~.J~ Ai 2 . .- .,~ ..~ ",~.,.,... ..~:-- . ""..........J/t,', ~ ,'. .~,.~ ,~"'( .......~... ..... ,.~::. ~::.''':,~~,."., .""1 , C; ." '$I?- Public for State of Montana es ing at Bozeman, Montana My Commission expires: /O-lt-8.l' STATE OF MONTANA ss. County of Gallatin On this J')~ day of~~ 1986, before me, a Notary Public for the state of Montana, personally appeal-ed P. K. Nelson, knmvn to me to be the person \.,hose name is subscribed to the within instrument and acknowledged to me that he executed the same. j ~ f J, II; : I _:"", Iti , .;., \,,'. I-/A I,,,, ~.' ,.' ',.,.. ,.......~/'?: "... !'NO~M(~1) ~. ""- S..--;r< J~.L? S . ,r'<. . ~ '- ,\.,.......4. /......, ..:-' ..... "'" .: " ...~ ~~~" :-~ of ~:,1l' ,.: '.i,. ~ .. , .' I. .-:'\ ",,*:.,.' ,........ ..' 't (\,"= ~l ,:.~" ~"..".... -.4,.,. t'::I~IH\"\\\' STATE OF MONTANA hand and above IN WITNESS WHEREOF, affixed my official seal written. Public r State of Montana Residi at Bozeman, Montana My Cornm ssion expires: ~-\S.~ ) ss. County of Gallatin On this ~day of January, 1987, before me, the undersigned Notary Public for the State of Montana, personally appeared l.W. TSCHACHE, known to me to be the President of HOME LEASING, INC., the corporation whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed said instrument on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. __-{No'12AiiI:A:1;','s EAL) .,,,r"'~}'''~'~!',hll ~/I'"" \,,,,>,,,..,..,-' ' (II"..... (".. .~:-. ~. ,/,," '"- ~ ~. ~,~ ~ . C! . ~,,-__''S' . ,,-, . .:' ...."'.. ~~~' fI"", e ~ .. . c.:.~~ ~ t ~' .- ;'~::::: ~~....... :?: '--' k1 . - _..........- ' '" r,. _ . '>' ~. 0 .: r,. J '').' ~ r,., . Q . -~ -~ .... -...:t'--I of'" .::. ~ ',!""" "...,."...,......""":::~...~ ~/.~#, r- '::'.~ ~ ~~.. . t I J'~" r I. ~ II" j ! \ l',' "rlb.\\ Notary EXHIBIT J, page 4 of 4 , WAIVER OF RIGHT TO PROTEST f1ll4 9SPAGE 108 CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR IMPROVEMENTS TO PORTIONS OF BAXTER ROAD AND NORTH 11TH AVENUE We, the undersigned, owners of parcels of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land located in Section 1, T.2S., R.5 E., P.M.M., Gallatin County, Montana, and further described as follows: Tracts 2 and 3 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. IN CONSIDERATION of receiving annexation approval along with the accompanying rights and privileges and for other sufficient independent consideration, to which the undersigned are parties, and in recognition of the impact to Baxter Road and North 11th Avenue which will be caused by the development of the above-described properties, have waived and do hereby for ourselves, our heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for improvements to the portions of the following street easements, located on the above-described properties: Baxter Road North 11th Avenue or to make any written protest against the proposed work or against the extent or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver is limited to the costs for the administration, engineering, inspection and construction for constructing the entire street (including curbs, gutters and sidewalks) to collector street standards. EXHIBIT K, page 1 of 3 ... filM 98 PAGE 109 This waiver shall be a covenant running with the land and shall not expire at our deaths. We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. The terms, covenants and provisions of this Waiver shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this day of , 1986. .,...... JJANDOWNERS ~MvG(7~ Cathl en C. perlcins !JI/J~ P. K. Nelson STATE OF MONTANA 55. County of Gallatin ) On this I(o~ day of (!JeiJlYt/!.J, 1986, before me, a Notary Public for the State of ~1:ontana, personally appeared Jerry Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. ""lIliNII,rl.ITNESS WHEREOF, I have hereunto set my hand and ~f~'~~.~t'"~fficial seal the day and year first above >~,t:'Een. ....1" ~... :....,~fjiAn1A{. \ ~ ()// /) /? ",t, ; rl~~.. :; ~ (~ . ,LL1~/L/ : ~~v . J f~ot1ty Publ~for State of Montana (N:ot i . ..€ei.fl) VReslding at Bozeman, Montana ".'':;'~'"'' ...",....~/ My Commission expires: /0-/!'-3'7 1"." "",..~ '~.~ljll." .". ~ ,.'" .,~;~~ I: ()~ ~'~.:':" ~ ~ ,,\\'t STA:~E;.",.tOF" MONTANA ss. County of Gallatin ) On this /hit day of /PmtkI,(J, 1986, before me, a Notary Public for the State of Montana, personally appeared Cathleen C, Perkins, known to me to be the person whose name is subscribed to the \lithin instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, affixed my official seal WX!;i,tllt~. " ~,"'" \ ' " ....'" ""'1; -"" ,,'( A ,,00 '-'; ,', \"\,"\;1 ........,...... ,,0 '~ ., ,-, .', . ...k ; ~ .~ ". r( ~., ' , 1\1"", . .. ..'~~\. \it~,lli1..11.... ... ~. :. otar'ial,$e,al) . ~L.~' . ". ...... "I~ : ~, " ,..': ,.~: " .LA ",10.. ..' E' ..", 0.":- .'1_,\ t. ." ~, ;. ',.,~~. '-.., I ~.. ......: ~~.., .......~.... f ;"" . ~ \; ...'" : ~,~, .~.::,,"'." I have hereunto set my hand and the day and year first above EXHIBIT K, page 2 of 3 , I' STATE OF MONTANA) - FILM 98 r~GE 110 ss. County of Gallatin ) On this ~ day o~ 1986, before me, a Notary Public for the State of r1ontana, personally appeared P. K. Nelson, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year wr it,t.eml.,II,t"-' ., 11" "r ,.,\" s,D..'''''.!.J "."... . ,C'... \..,,~'.,.'.;;;.~~'7 4~'J'~, ". \.') ..... ~,~~' ,.' "'''.", ~ ~ :~~' ...' r\+ "n, '~L ... ~-;:.' .,MJ t "\~'\l'H~J,i'{ .. -;. ~1. \',' ~ ~ (~~nr\.. vL~a1) ., ,\.0- .l..-~,M, .. ::: "_. ""ill,,. ...."'~{ .",#\"'",,1.\. "'* ..,.. ~..'to II~ ~/";.... .II:.~~.' ~.""...~ ".... ~,;. ('" Of: t",":1'~ \,\" .'f/_r f, t 11~" III \ ,~\.~ hand and above EXHIBIT K, page 3 of 3 .I WAIVER OF RIGHT TO PROTEST FILM 98 PAGE 111 CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR IMPROVEHENTS TO PORTIONS OF THE ROAD ON NORTHERN BOUNDARY OF SACCOCCIA PARCEL We, the undersigned, owners of parcels of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land located in Section 1, T.2S., R.5 E., P.M.M., Gallatin County, Montana, and further described as follows: Tract 4 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. IN CONSIDERATION of receiving annexation approval along with the accompanying rights and privileges and for other sufficient independent consideration, to which the undersigned are parties, nnd in recognition of the impact to the Road on Northern Boundary which will be caused by the development of the above-described properties, have waived and do hereby for ourselves, our heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for improvements to the portions of the following street easements located on the above-described properties: Road on Northern Boundary of Saccoccia Parcel or to make any written protest against the proposed work or against the extent or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would i.nclude the above-described property. This waiver is limited to the costs for the administra tion, engineering, inspection and construct,ion for constructing the entire street (including curbs, gutters and sidewalks) to local street standards. EXHIBIT L, page 1 of 2 fiLM 98 PAGE 112 , This waiver shall be a covenant running with the land and shall not expire at our deaths. We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. The terms, covenants and provisions of this Waiver shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this day of , 1986. LANDOWNERS //~ P. K. Nelson Philip ~ STATE OF,-_",~-{;) 1,,0/''>; /)/7vY2J.. J /7)/ ' . il, County of (-/t(;tAJi wlfI J ) On this <;;.c.,c~) day or;~~-_'l...J- , 1986, before me, a Notary Public for tlle State of ,~ , personally appeared Philip Saccoccia, Jr., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. SSe IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. l.'~~, :'1/1; 1!,J~'/~'}f ,- (;,\\ _ L I., "'., \. \. ....'" ....... .''''. ~ .6 . .'...:. ; ,:: ....tN9f.il.t'ial Seal) ..' ,..j' .... "l) . c. ... j:, -;; .tl,.'C:: I) A~'~ ~ f' ~.~ ; ';} ,::-~' ~, · ........C' "t:': -:'"-:'"--:. ..];"')...~... ._110"''' "'" / f;r:~~j1A~,~ OF MONTANA '':LI'I":~~'. 56. County of Gallatin On this ~ day of~Ef~, 1986, before me, a Notary Public for the State of Montana, personally appeared P. K. Nelson, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ye first above wri,1;tsn..,,,,, ' .'~'f\S D.>" .' \~~ ..... 0..1.... ~ .~'..~ .~~t:"~ ~ ') .'\'r'lT · .. I .,..oQ ~ '...:J:' \. OJ .. ", ~ I '.:til ~ . ~ - ~ (N&Er,4lal ~ea~) " ..... .l.,1..,.\.. ~ ". ~,":':, '::~ ::~:'~~>./ .' ublic Residin at Bozem n, Montana My Commission expires: ~-lS-~ EXHIBIT L, page 2 of 2 , . fILM 98 PAGE 113 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS TO EXTEND WATER TRUNKLINE Io'ROM NORTH SEVENTH AVENUE INTO PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION We, the undersigned, owners of parcels of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being a portion of Government Lot 1 of Section 2, T.2S., R.5E., P.M.M., Gallatin County, Montana, and being further described as follows: Beginning at a point which is the N.E. corner of Section 2, T.2S., R.5E., P.M.M.; thence from said point of beginning along the easterly line of said Section 2 SOl031'29"W a distance of 1326.09 feet to the N. 1/16th corner of Sections 1 and 2; thence along the N. 1/16th line of Section 2 S89032'44"Wa distance of 1073.66 feet; thence N01026'40"E a distance of 1325.98 feet to a point on the north line of said Section 2; thence along said line N89032'38"E a distance of 1075.52 feet to the point of beginning. Said tract being 32.6935 acres. A tract of land located in Section 1, T.2S., R.5 E., P.M.M., Gallatin County, Montana, and further described as follows: Tracts 2, 3 and 4 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. IN CONSIDERATION of receiving annexation approval along with the accompanying rights and privileges and for other sufficient independent consideration, to which the undersigned are parties, and in recognition of the necessity to extend a water trunk line from North Seventh Avenue to points along Oak Street to connect to an existing main in the vicinity of North 19th Avenue which will be caused by the development of the above-described properties, have waived and do hereby for ourselves, our heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for water trunk line improvements or to make any written protest against the proposed work or against the extent or creation of the EXHIBIT M, page 1 of 4 , ~ nu, 9S'AGE 114 district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire at our deaths. We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. The terms, covenants and provisions of this Waiver shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this day of , 1986. LANDOWNERS (}-!/Y;:J~ ./jr. w. Tschache {/ IlL Q:~:t;dns HOME LEASING, INC. ~ Philip s~ //}~ P. K. Nelson r4~0P-<L<P~ .,/ fJ.~/ W;d1tJur {) U~ __J~ Cathleen C.Perkins STATE OF MONTANA 5S. County of Gallatin On this ;J9g day of M02I2i,@6~), 1986, before me, a Notary Public for the State of ~~~a, personally appeared J. W. Tschache, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,1' \ \ \" , 1 , t tr, ~r"",,. ",,'\~ ':""\ ~ A. C fl,.,~ , ....::.')~ ~.lij"... 1.::10 ...", ~. '16~~W~"~:4) :. ;).Glit j I \. .,:,:'..... .. . ......~ ,..t . ,~.~ "'11..,......411" ~~~' ......""... .......,: c-;:- r:~~~\ ",;,\" . j .j ~ ! II f ~ .'1 It \ I \. ~ ~ to ~ a (jMk a Public for State of Montana esi ing at Bozeman, Montana My Commission expires: /O-/t-B:; EXHIBIT M, page 2 of 4 Fll" 98 PAGE 115 STATE OF l- ... '/r ,U\I\LMJ,fIJ A) ,!)j;OJ-i/t )vJ0J/~ 55. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 'j I \, I I .! ~ I ~,; I I, , , ,r i } ~,;'ll.." "/';~ ~'.;.,. ........ f ~'<I .,\.... Ii- &.... t "I ~~... 1;1 ,,'i ", " ,,'.' ~;'.,."r~\. .'...J' :" " " ;..,l. ~ - 7_ ; "- ~,~ lNO~~~l Seal) '. r-,. ''f::. '~~ ,"'IIIIt~: (1 ...... ':'. ,.' ~:..... S"n "......,,1;...". f"',.: .--:-', ., / ,.,.. . I .' .,' -''',# "., ~ ..~. ,J J.~ '.; ,,\ \ \,. ~u, f:,' r STATE OF MONTANA) 55. County of Gallati~ ) On this ~ day o~, 1986, before me, a Notary Public for the State of Montana, personally appeared P. K. Nelson, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunt set my hand and affixed my official seal the day and ye r first above written. ",)\l1.j, :1'1 ,.".\.... 'D' """ ",," ~ 7) .. ...It .# "1;; .\......\,. .I.;""~. ~ A '~ ....,'~ 11<,"4 ',', ..~. "t -"\ ":.;. ~ "II" r-, ,:l"~ ~."~ ~ ; ;1No.belr~wi '.~~a~) l S t: let j i ". ,u.~ .. ~ . .- '-', '~'''''''''1:', ~....,...~....? j~ '..~ -vl....'w,,~I'~h'.~~,n"l'\~~. 't""::';: "" '.' Ct: t'~' "" III'~/'U'H;'''\\\''\'' Public State of Montana g at Bozeman, Montana ~ 'ssion expires: ~-\'S - 00 STATE OF MONTANA ss. County of Gallatin ) On this /(j;dP day of ~t~A'.J, 1986, before me, a Notary Public for the State of ~ontana, personally appeared Jerry Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. "P\lIlt'"",... ,\\\\ A ""'1 ", '" '(, 00' " -,.' ,-~,,\J ....*"."'<... ',. 0 j,i',., ~~~''': ..) :.... "0... j1i ....~ " ..... 'i' ,i ':J.A;'~ '(" . f /~~Ilia;.tt~:, Sfal) ~ f r;: t;<Jt. L ~ : '; "; J..,l .l.t -M. .'. i - ".:':'\ "." ........ $. "~, ."";, ...,IJ.~Iir, ~ ..," ~!:"" II.......' ~tIf',:i:..,~ ",-" . ~~,,:':::-::::,"'." EXHIBIT M, page 3 of 4 STATE OF MONTANA FILM 98 PAGE 116 S5. County of Gallatin On this Ilal:tJ day of (9(Jt{JOt?{j , 1986, before me, a Notary Public for the State of Montana, personally appeared Cathleen c, Perkins, known to me to be the person whose name is subscribed to the \lithin instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written~ ~\II\lUq"'h" ",.,\' 'V ^ ""; .\ '. ~ \ I"'. CO' I" , ' .... . " " ",> .".. '.,. ,.., "- <' ...,.\ ... ,t",...",,", ~ ...~ "'" <fIIIo.~ _, f r ~ /(~oti1~}ft"\ S~al) : ',.....r: .'. ::: ." '" , . PAL" . ~ \ '<)~.I,' '.' j. j '\ r.,;'.. .... ' ..-'" i7. .~~ -'1'"" .... ....Ii ~ .,:"" ~~I,~'"8' o~.':,;;:,'t.;~.",.. f/~ r ''"l'~I.'. oI.''- """"tJ."".""''" STATE OF MONTANA ss. County of Gallatin ) On this ~t day of January, 1987, before me, the undersigned Notary Public for the State of Montana, personally appeared J,W, TSCHACHE, known to me to be the President of HOME LEASING, INC" the corporation whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed said instrument on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. (NOTARIAL SEAL) Notar Public for the S te of Montana I Resi ing at: Bozeman, ~tana My commission expires :{jY ? -:s / /7$? EXHIBIT M, page 4 of 4 , FILM 98p!GE 117 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR INSTALLATION OF TRAFFIC CONTROL DEVICES AT THE INTERSECTION OF OAK STREET AND NORTH SEVENTH AVENUE PERKINS, SACCOCCIA AND TSCHACHE ANNEXATION We, the undersigned, owners of parcels of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being a portion of Government Lot 1 of Section 2, T.2S., R.5E., P.M.M., Gallatin County, Montana, and being further described as follows: Beginning at a point which is the N.E. corner of Section 2, T.2S., R.5E., P.M.M.; thence from said point of beginning along the easterly line of said Section 2 S01031'29"W a distance of 1326.09 feet to the N. 1/16th corner of Sections 1 and 2; thence along the N. 1/16th line of Section 2 S89032'44"W a distance of 1073.66 feet; thence N01026'40"E a distance of 1325.98 feet to a point on the north line of said Section 2; thence along said line N89032'38"E a distance of 1075.52 feet to the point of beginning. Said tract being 32.6935 acres. A tract of land located in Section 1, T.2S., R.5 E., P.M.M., Gallatin County, Montana, and further described as follows: Tracts 2, 3 and 4 of Certificate of Survey No. 1215 as filed and of record in the office of the Gallatin County Clerk and Recorder, Montana. IN CONSIDERATION of receiving annexation approval along with the accompanying rights and privileges and for other sufficient independent consideration, to which the undersigned are parties, and in recognition of the impact to the intersection of Oak Street and North Seventh Avenue which will be caused by the development of the above- described properties, have waived and do hereby for ourselves, our heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for installation of traffic control devices at the intersection of Oak Street and North Seventh Avenue or to EXHIBIT N, page 1 of 4 \ . FILM make any written protest against the proposed work 98 PAGE 118 or against the extent or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver is limited to the following percentages for the costs for the administration, engineering, inspection and installation of the traffic control devices: Tschache Parcel Saccoccia Parcel Perkins Parcel The maximum prorated costs exceed $90,000. These percentages will apply to all assessable land within 2.53% 3.30% 5.17% for these signatories shall not each Parcel. Deductions for streets, alleys and public places have been included within the calculation. This waiver shall be a covenant running with the land and shall not expire at our deaths. We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. The terms, covenants and provisions of this Waiver shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this day of , 1986. LANDOWNERS ?/;.~ . W. Tschache Philip Sac J ry HOME LEASING. INC. (j-1Y--C:;, ~ B~ ...... If ,.-1.-c-?~ ~~ (Jf?~ , {J{}tMtr G(]~ Cathleen C~erkins ;!}; JtJ.~ P. K. Nelson EXHIBIT N, page 2 of 4 .. I ,~ . . FILM 98 PAGE 119 STATE OF MONTANA ss. County of Gallatin ) On this (..JOj0 day of {\f),,4!h#JJI/LtJ, 1986, before me, a Notary Public for the State of M~tana, personally appeared J. W. Tschache, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. . ,'.._ ,.:, ":: II ",;"I',,((~. '.'." . ,. "'"'' 0" " ~ ',.' .....+;., ~.'~," r-.'" ,1"'~'"t':'" ."'_ \. (iJ ot'a ~ r~f1, ae al ) ; ,'-', r: ~ y : : . I...,~ .;..... .,' ~ ~ II = ~ '~).'~l':\M! i .~. <.,'> \. ....,' ..... ,\ Jill .~ " ." '.'")i </~",.'.t1'."''''41''II''''' ~:..L "'....'" ~I"'i 1.~. r!':;: .....~.. ...~ 'J ..,,~ t '11; "" I I; ., I ~,' ~ '~H'.'I tl,t.'. y ub c for State of Montana es ding at Bozeman, Montana My Commission expires: IO-/!{-g7 .... ST ATE OF---A- I j./)J) AA/} :A.jJ...y)U 1J11 / ~ ss. Coun t y 0 f . _~'I'{ lJr .f()'/) tfj.,..J ) On th;S ({J/;-:jJ/U day 2n~PA/:lj , 1986, before me, a Notary Public for the State of,yf--Yl '4i..LJJ, , personally appeared Philip Saccoccia, Jr., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. " .. i ~ I" \... ~ . p ..~ '" ".' "01 . > ,(Nota;t;i:aJ: $eal) ...../ /~') ~...\ ~. ,- n i_."".... : ;~. .~ ~ "~',-=' '\~I r"":it ,0....., _ _. ~~-' .\ ""C' ? '''':<,~", i~~ ,l*It..~"~'..'.I'~ ~ ""', / r' · , '.,' '..~"/," ~ A.l", \\", '" .'j, /;;.r ; . \ (;'. .' . . '"A C7'f!)/ECftjj.~ - 'elf~~ Not~r~ PUbli~~or ,y. t~te rt ".A'l /J ReSldln~ a~ \ I~f!ii'&i My CommlsS1on exp s~ -i COlllmis'l1 f ' .n XPlres March 24 . 198J STATE OF MONTANA 58. County of Gallatin ) On this i{(J''t"/} day of (!)etlJl.!i6f.,-, , 1986, before me, a Notary Public for the State of Montana, personally appeared Jerry Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .1' j \. .: , , , ", '....."l .. ...., .. .',~' ~~d:G,r'i';f~s-~al) .., ~~ I ", l # '" .... /' .,.. <' i ;' j/., .j I "". ...~ :' . l~ ~ ~ : ..-7 ":-f jf r : : ~...,--:~, : . ,'_.' (...! 1"\'(' . "'.t. '"oK:, ...-",^-,- .: (,.~~. "". .. ., ~~:,.., *-.. 0)"1". .'\""'" '-.;;, '/'\.;-. :1'.."'.l!or......'" . ..~..... ..~,I::,~,,':~ "" EXHIBIT N, page 3 of 4 IN WITNESS WHEREOF, I have hereuni affixed my official seal the day and y written. hand and above On this }0~' day of (iJ(ljtJIJu../ , 1986, before me, a Notary Public for the State of Montana, personally appeared Cathleen C. Perkins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above wri t"ten. .1'1\1 ._,,"'( ;',.. Ii,._ . <)v- (j " ,. , . l' ' (t16tar:j,laL Sea 1) , ,,:, ,~~: ~ :\ I ;'- : _l .. '.'..,. ...1. .~7rJ,e/ y Pub for State of Montana lding at Bozeman, Montana Commission expires: /O-/!f-'o:( . '. ~ ~"'I ~, ..~ ~... 1"':'- . .. -;., , ,"" ,,~ ~ 1 -,""" ~.~. .,." "t, STATE OF MONTANA ss. County of Gal~n On this day o~, 1986, before me, a Notary Public for the State of Montana, personally appeared P. K. Nelson, known to me to be the person whose name is subscribed to the \vithin instrument and acknowledged to me that he executed the same. . . ':"1;( '. :) ~,.', ~'j~<,\ . ".', ' :: I'! '. q., :_'(Nota'i'~~} Seal) ,,.-',~..-( ] \ $ ; ,~",\" .>,\)..). .: \,......... .,~-:",. , ....'" ~ .... .~ ;~ .... ......~. , '':! :~.~, ,"~~. " :;:~~,~:,".. f State of Montana . an, Montana expires:~-~~ EXHIBIT N, page 4 of 4 { j' . \. , . . . . 4 ~ ~ . ~ STATE OF MONTANA ) FILM 98 PAGE 121 ss. County of Gallatin ) On this ~ day of January, 1987, before me, the undersigned Notary Public for the State of Montana, personally appeared J.W. TSCHACHE, known to me to be the President of HOME LEASING, INC., the corporation whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed said instrument on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. , it j I .'1'(1 ., "":, " IJ f 1"'1 \ · ..:-4;'11 It", ....' ......... 4(:':'.. /.::~;i~~1i~r;r!lEAL) -;: '~~ ~~ 1 ~ ;) ~,.. : rr ; ...4 ~ i .'l:.... .~... ~.,....~ . ..".... 1.~.... ,c"'~'" ..,' "" tj7'(;l')~ '1. \,,\' r . . . . . . . , I I , I . . \ ~ ~,iI,' for the State f Montana Bozeman, ~ntana expires :tlY Z 3. / / .f '/ lic Residin at: My commission ~L I~ 174465 State of Mont.. County of Galtatin. 65 F'\led tor record Ju1 v 1 "i -rn .!19 87 at 12. 4"ip' , M.. and recorded In BO, Ok, 98 nf MISCELLANEOUS. P"'. 68 q}E.tald ,:1(. <WinE. ReqC)rder.' By ~---H/L- ~ ;:22~ Qeoutt RT: City of Bozeman $270.00