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Home My WebLink About20- Public Use Easement - Bozeman School District 7 - Beall and 15th i PLA=D4� ✓ 2671741 Page: 1 of 4 01/30/2020 03:4"31 PM Fee: $28.00 Eric Semerad - Gallatin County, MT MISC IIIIIII IIIN III 11111111111111111 IN 11111111111111 IIIII IIIIIII III 1111111111111111111 IUI Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 Project Name: 15th and Beall Bozeman High School District#7 Project No: 18077 jParcel No: 5-1 PUBLIC USE EASEMENT The GRANTOR, Bozeman High School District #7, whose address is P.O. Box 520, Bozeman, MT 59771-0520, 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 that part of the Northeast Quarter of the Northwest Quarter (NE%NW%4) of Section Twelve (12), Township Two (2) South, Range Five (5) East, M.P.M., described as follows: Commencing at a point which is 1341.74 feet North 88' 59' West of the North quarter corner of said section, said quarter corner being marked by a 6'x6' stone buried one foot below the surface of Durston Road; Thence 679.8 feet South 1° 32.5' West to the point of beginning of the tract hereby conveyed; Thence South 88° 59' East a distance of 281.26 feet; Thence South 0° 46' West a distance of 640.26 feet; Thence North 89° 36.5' West a distance of 289.97 feet to a point, said point being the center of the Northwest Quarter (NW%) of said Section Twelve (12); Thence North 1° 32.5' East a distance of 643.43 feet to the point of beginning. [Deed Reference: Book 124, page 431] EXCEPTING THEREFROM that portion conveyed to the City of Bozeman in Book 143 of Deeds, page 394, records of Gallatin County, Montana. Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest corner of said Tract and the easement herein described, being a point on the North right-of-way of Ruth Thiebault Way and the East right-of-way of North 151h Avenue, said point of beginning; Thence, from said point of beginning, N 01° 55' 28" E, 100.91 feet along the East right-of-way of North 15'h Avenue; Thence, along a curve to the LEFT, having a radius of 46.00 feet, a delta angle of 66' 17' 38", and whose long chord bears S 34' 50'45" E a distance of 50.30 feet; Thence, S 89° 12' 45" E, 45.27 feet; Thence, S 00°47' 15"W, 60.00 feet to the North right-of-way of Ruth Thiebault Way; Thence, N 89° 12' 45"W, 76.58 feet along the North right-of-way of Ruth Thiebault Way to the East right-of-way of North 15'h Avenue and to the point of beginning, and containing 4,920 sq.ft., more or less, as shown on Exhibit A. S A N D E R S O N US 15th and Beall S T E WA R T Page 1 of 3 18077 Parcel 5-1 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 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. ' BOZEMAN HIGI-F HOOL DI TRICT#7 Title: ACKNOWLEDGMENT OF GRANTOR State of / b ,ten/^ ) )ss. County of Lt,4T7A) ) On this 9 day of 200, before me, the undersigned, a Notary Public in and for the said State, personally appeared the GRANTOR, T 101iixrr the of Bozeman High School District #7, 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 affixed my official seal this day and year above written. c—� v Notary Signature Line ,,""0 F,y, STEV �, A JOHNSON Notary Printed Name °Jt� .• ys Notary Public Notary Public for the State'�of �o•VAR/.4:2:for the State of Montana ry Residing at: Residing at: * SEAL. Q; Bozeman, Montana My Commission Expires: My Commis iorl xpires: / /20 May 22.2020 S A N D E R S O N(� 15th and Beall S T E WA R T Page 2 of 3 18077 Parcel 5-1 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 I By�tt tAr-r,'-% City Manager ATTEST: /�I L By: Blurt- o�ugfi City Clerk State of Montana ) )ss. County of Gallatin ) M,V \\ The foregoing instrument Jwas acknowledged before me this 7'day of 20,--,� by 11e. AA,,.M:y-�drea-3arra and Rebi i-C.rough, 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. "'" HEATHER BIENVENUE ``CEP 81Eiy` Notary Public ota Signature Line �oTARL142m=_for the State of Montana - - Residing at: * *_ + Nota Printed Name SEAL. Q eo n, Montana t OF Mod? rvty comrn�ssion Expires: Notary Public for the State of January 26, 2022 Residing at: My Commission Expires: / /20 S A N D E R S O N l 15th and Beall S T E WA R T�� Page 3 of 3 18077 Parcel 5-1 EXHIBIT PUBLIC USE EASEMENT WITHIN PORTION OF NE1/4NW1/4, S12, T2S, R5E PREPARED FOR BSD #7 / CITY OF BOZEMAN DECEMBER, 2019 PREPARED BY SA N D E R S O N ST E WA R T O BOZEMAN, MONTANA LLJ PARCEL 5 > ��\ \ \ \ \ \ \ \ \ \ \ PUBLIC USE \ \ \ \ Q W \ \ \ \ \ \ \ \ \ \ \ EASEMENT \ \ \ \ \ L2\ \ \ \ \ \ \ \ \ \ \ \ \ \ --- -_ -- =- co LL J -....... a.x= -ue"s_-gym' - sa saxnr.=_a. _= —_==—_=—_—__==_ __=___=—==-\ \ \ \ \RUTH \ THIEBAULT \ ��\ \ \ \ WAY \ =- --- EXISTING :..: '__-'--===---_--_-- _________•_____;z \ \ \ PROPERTY LINE \ \ TYP POB % �ONTANq r L1 N 01' 55' 28" E, 100.91 FEET R1 R = 46.00 FEET, A = 66' 17' 38", DOUGLASVkAf LC = S 34' 50' 45" E, 50.30 FEET P ZO KS o L2 S 89' 12' 45" E, 45.27 FEET L3 S 00- 47' 15" W, 60.00 FEET L4 N 89' 12' 45" W, 76.58 FEET ✓AL LAB R/W LEGEND 15 0 15 30 ®EXISTING ROAD R/W NEW EASEMENT AREA 15TH AND BEALL HORIH SCALE:V.30 AREA REMAINING PARCEL 5-1 18077_EXHIBITS.DWG 18D77 12/4/19 CMK/TG