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
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98 PAGE 069
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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
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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.
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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.
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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.
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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.
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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.
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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:
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Clerk of the City Commission
LANDOWNERS
schache
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Philip Sar.co
~~~~Yw~
Cathleen C,Perkins
HOME LEASING, INC,
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Pl~-'
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P. K. Nelson
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STATE OF MONTANA
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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
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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
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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
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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
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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.
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esi ing at Bozeman, Montana
My Commission expires: 10-lf-8t'
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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
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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 "'\
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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.
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ary Publi for State of Montana
Residing at Bozeman, Mont7n~
My Commission expires: 1/1 '-I ( ~7
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STATE OF MONTANA
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98 PAGE 078
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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.
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My commission
ntana
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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
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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.
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for the State f Montana
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PUBLIC STREET EASEMENT
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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
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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.
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By'//f< A-<-j7~--t:~
f?-r-z-. I
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,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.
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~/ .,.,::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 '.
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"""~"'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.
.,\\\""""",
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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' '
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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';',
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"'" 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",,; '.\
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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~
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y~ ......io.... Itr~ :~j.
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"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
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: MEAL: :
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.~~ ,"'.... "~ ~'" ~ ~
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.....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;'
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. - ,_".: :;:~;... .:.~;-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"'~/,
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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
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'<',. .( 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
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. ~ ~..- " "'oQ~.. ~ ~,
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~ 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
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'.,J f" -) J" "".,
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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,
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,,' 'i A.. Co '':t,
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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. ,'~"" ...~
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....,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 \
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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,~" '~.
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.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
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\~~ ,._ti: !,,-~~w'l! 1....'i~
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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""'~
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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.~! '# '\.' ~
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".... A- ~..I. '. ,f\..Lt .....
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,..~,~ -...,...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;.
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",..~ f".f'\" 'lillii'll ,:' "'.... ~ .:....
.,', .. ., ." 411\""''' ,
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1',. ,-....., V" '\
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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.."~"'''::.
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....~.. "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
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~~ly...........~....0 ~~
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(~.o~.~rA-,~{lt ('&~a\)
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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
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-.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)
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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~. "
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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'~,
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.'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 ,-
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"'" / 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....
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(N&Er,4lal ~ea~)
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.'
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 ...",
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.......,: 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 ",
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; "- ~,~ lNO~~~l Seal)
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~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 '~
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'..~ -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 ....~
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f /~~Ilia;.tt~:, Sfal)
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'; "; J..,l .l.t -M. .'. i
- ".:':'\ "." ........ $.
"~, ."";, ...,IJ.~Iir, ~ ..,"
~!:"" II.......' ~tIf',:i:..,~ ",-"
. ~~,,:':::-::::,"'."
EXHIBIT M, page 3 of 4
STATE OF MONTANA
FILM
98 PAGE 116
S5.
County of Gallatin
On this Ilal:tJ day of (9(Jt{JOt?{j , 1986, before me, a
Notary Public for the State of Montana, personally appeared
Cathleen c, Perkins, known to me to be the person whose name is
subscribed to the \lithin instrument and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above
written~
~\II\lUq"'h"
",.,\' 'V ^ "";
.\ '. ~ \ I"'. CO' I"
, ' .... . "
" ",> .".. '.,. ,.., "-
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...~ "'" <fIIIo.~ _, f r ~
/(~oti1~}ft"\ S~al)
: ',.....r: .'. :::
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~ \ '<)~.I,' '.' j. j
'\ r.,;'.. .... ' ..-'" i7.
.~~ -'1'"" .... ....Ii ~ .,:""
~~I,~'"8' o~.':,;;:,'t.;~.",..
f/~ r ''"l'~I.'. oI.''-
""""tJ."".""''"
STATE OF MONTANA
ss.
County of Gallatin )
On this ~t day of January, 1987, before me, the undersigned Notary
Public for the State of Montana, personally appeared J,W, TSCHACHE, known to
me to be the President of HOME LEASING, INC" the corporation whose name is
subscribed to the above and foregoing instrument, and acknowledged to me
that he executed said instrument on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and
year first above written.
(NOTARIAL SEAL)
Notar Public for the S te of Montana
I
Resi ing at: Bozeman, ~tana
My commission expires :{jY ? -:s / /7$?
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" "
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y ub c for State of Montana
es ding at Bozeman, Montana
My Commission expires: IO-/!{-g7
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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.
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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.
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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.
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.~7rJ,e/
y Pub for State of Montana
lding at Bozeman, Montana
Commission expires: /O-/!f-'o:(
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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.
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f State of Montana
. an, Montana
expires:~-~~
EXHIBIT N, page 4 of 4
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STATE OF MONTANA
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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.
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for the State f Montana
Bozeman, ~ntana
expires :tlY Z 3. / / .f '/
lic
Residin at:
My commission
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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