HomeMy WebLinkAbout19- Public Use Easement - N. Ardesson - 15th Avenue and Beall Street M T E
IMONTANA TIME AND ESCROW
ORDER#M—Z2226 Q PLATTED f
2648198
Page: 1 of 4 06/20/2019 02:02:11 PM Fee $28 00
Eric Semerad - Gallatin County, MT
IIIIIII IIIIII III IIII IIIIIII IIIIII IN 1III IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIIISC
Return to:
Sanderson Stewart
106 East Babcock
Bozeman, MT 59715
Project Name: 15th and Beall
Bozeman High School District#7
Project No: 18077
Parcel No: 2-1
PUBLIC USE EASEMENT
The GRANTOR, Norma R. Ardesson, whose address is 4050 W. Babcock St., Apt. 2, Bozeman, MT
59718, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand
paid, conveys and grants to the GRANTEE, the City of Bozeman, a Municipal Corporation of the State of
Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or
assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through,
and across the following described real property located in Gallatin County, Montana:
All of Lot 1 in the Rearrangement of Block 3 of Kirk's Second Subdivision to Bozeman, Montana,
as per map and plat of said Rearrangement of said Block 3 filed in the office of the County Clerk
and Recorder of Gallatin County, Montana, on the 18th day of May, 1971.
Said public use easement is depicted on Exhibit A attached hereto and more particularly
described as:
Beginning at the Northeast corner of Lot 1 and the easement herein described, being a point on
the South right-of-way of West Beall Street and the West right-of-way of North 151h Avenue, said
point of beginning; Thence, from said point of beginning, S 68' 09' 21" W, 29.07 feet along the
South line of Lot 1; Thence, N 01' 49' 18" E, 11.16 feet to the South right-of-way of West Beall
Street; Thence, S 89' 16' 20" E, 26.63 feet along the South right-of-way of West Beall Street to
the West right-of-way of North 15th Avenue and to the point of beginning, and containing 149
sq.ft., more or less, as shown on Exhibit A.
All improvements installed within the easement by GRANTEE are the property of the GRANTEE,
removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be
construed as a waiver or abandonment of the right.
GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tract
of land and covenants that GRANTEE shall have quiet and peaceable possession of the easement; and
shall have a free and unrestricted right to access and maintain said facilities as long as the right-of-way of
which this easement area is a part, remains a public way.
The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers, directors,
employees, agents, and invitees and save them harmless from any and all liability, loss, costs or
15th and
S A N D E R S O N Beall
S T E WA R T Page 1 of 3 18077
o77
Parcel 2-1
obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of, any
such injury or loss caused or claimed to be caused by the exercise of this easement or use of this
easement, however occurring, other than those caused solely by the willful or negligent acts or omissions
of the GRANTOR.
NORMA R. ARDESSON
Norma R. Ardesson'
ACKNOWLEDGMENT OF GRANTOR
State of #Uco4" )
)ss.
County of GJ"OA )
On this !I day of Fe6v"IN2011, before me, the undersigned, a Notary Public in and for the
said State, personally appeare6 the GRANTOR, Norma R. Ardesson, known to me to be the identical
individual who executed the foregoing instrument, who acknowledged to me that the individual executed
the same as the free and voluntary act of said GRANTOR, with full authority to do so and with full
knowledge of its contents, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affix my of cial seal this day and year
above written.
Notary Signature Line
pNY aqO, ANTHONY GADDO Notary Printed ame
, NWWOUlollo
�•aOTAR/,qZ':o`=_for the State of Montana Notary Public for the State of
* SEAL * Residing at:
=u}•• ��,a Bozeman, Montana Residing at:
My Commission Expires: M Commission Ex,rres: / /20
January 30,2023 y p
S A N D E R S O N 0% 15th and Beall
S T E W A R T Page 2 of 3 18077
Parcel 2-1
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the City of Bozeman, a Municipal Corporation of the State of Montana,
GRANTEE herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby
accepts for public purposes, the real property, or interest therein, described in this instrument and
consents to the recordation thereof:
CITY OF BOZEMAN
By: Andrea Surratt
City Manager
OZEk
ATTEST: ^��o•' 4•''9
O 6?
•
By: Robin Crough r,; �� •
City Clerk V•� ;'' =.���3.�,�0
' 4,�• . . . •Gp• .
LLATILA
State of Montana )
) ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this ! day of .._i < 20LI by
Andrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk for the City of
Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that
they executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
Notary Signature re
Op SWR
BRENDA SWEENEY
Q.?• Fti, Notary Public Notary Printed Name
sm:NOTAR/,4 •.c fofSwhate of Montana
Residing at: Notary Public for the State of
uy.SEAL - Bozeman, Montana
9 P My Commission Expires: Residing at:
December 02,2022
My Commission Expires: / /20
S A N D E R S O N , 15th and Beall
S T E WA R T Page 3 of 3 18077
Parcel 2-1
EXHIBIT
PUBLIC USE EASEMENT
WITHIN
LOT 1 OF PLAT H-17, S12, T2S, R5E
PREPARED FOR BSD #7 / CITY OF BOZEMAN OCTOBER, 2018
PREPARED BY SANDERSON STEWARTOPQ BOZEMAN, MONTANA
L1J/
WEST BEALL STREET w/
/ Q
EXISTING
PROPERTY LINE PARCEL 2-1 I—
(TYP) PUBLIC USE POB 'n
/ EASEMENT
o'
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ cV i`''
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
L1 S 68" 09' 21" W, 29.07 FEET
L2 N 01" 49' 18" E, 11.16 FEET
L3 S 89" 16' 20" E, 26.63 FEET
R/W LEGEND
is o is 30 ® EXISTING ROAD R/W
®� NEW EASEMENT AREA 15TH AND BEALL
NORTH SCALE:1"=30'
AREA REMAINING PARCEL 2-1
18077_EXHIBITS.DWG 18077 10/24/18 CMK/TG