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HomeMy WebLinkAbout20- Public Access and Utility Easement - Auto Xtreme, Inc and 2B Holdings, LLC - Lot 4 and Lot 5A, Amended Plat of Lots 5 and 6, Gallatin Center Subdivision PUD Phase 1 Return Recorded Document To: Bozeman City Clerk � PO Box 1231 =VLATTED Bozeman, MT 59771-1231 2687824 Page: 1 of 5 07/02/2020 01:57:00 PM Fee: $35.00 Eric Semerad - Gallatin County, MT MISC I IIIIIII III III III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII PUBLIC ACCESS AND UTILITY EASEMENT Auto Xtreme, Inc., a Texas Corporation, of 18601 LBJ Freeway, Suite 525, Mesquite, Texas 75150, and 2B Holdings, LLC, a Montana limited liability company, of 81 Jefferson River Road, Three Forks, MT 59752, the GRANTORS, in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman, of 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771-1230, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual easement for public access and utilities over, under and across a strip of land 32 feet wide and 38 feet wide situated in Gallatin County, Montana, to be located on the following described real property: Lot 5A, Amended Plat of Lots 5 and 6, Gallatin Center Subdivision P.U.D. Phase 1, City of Bozeman, and Lot 4, Gallatin Center Subdivision P.U.D. Phase 1, City of Bozeman, Gallatin County, Montana, and located in the Northeast Quarter of Section 35, Township 1 South, Range 5 East of P.M.M., Gallatin County, Montana. The easement is more particularly shown and dimensioned on the attached Exhibit A, which by this reference is made a part of this document. The GRANTORS warrant that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey an easement on said property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. 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. GRANTOR: Wings, LLC, a Montana limited liability company By: att istler, Managing Member STATE OF MONTANA ) ss. County of Gallatin ) This instrument was signed or acknowledged before me this day of 2020, by Matt Nistler, Managing Member of 2B Holdings, LLC, a Montana limi ed liability company. (SEAL) tiyyIL • Notary Public for the State of Montana SHEILA TINJUM Printed Name: .,, Notary Public Residing at :�oTAR14• =for the State of Montana M Commission Expires / /20 *` Residing at: Y p SEAL.�Q, Bozeman, Montana My Commission Expires: August 03,2023 DATED this day of 4Y , 2020. GRANTOR: Auto Xtreme, Inc., a Texas Corporation By: P to yon, President STATE OF TEXAS ) ss. County of -C'(&4-; ) This instrument was signed or acknowledged before me this,3e day of , 2020, by Payton T. Lyon as President of Auto Xtreme, Inc., a Texas Corporation. (SEAL) `\�� puLA+opliz/i Notary Public for the State of Texas Printed Name: pale I'a, n-eo Residing at i-R SD My Commission Expires Df /p L/20 a JI- OF .•' DATED this S� day of y^4— , 2020. ACCEPTED - CITY OF BOZEMAN By: Q L� , its City Manager ATTEST: �,Livps By: I kkk& MA#,,, , its City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this / it day of 020, before me, a Notary PuNis for the State of Montana, personally a eared e 1 i and f , known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) HEATHER BIENVENUE Notary Public 00tairy Public f the State of Montana z'='NOTaRiq�?m=_for the State of Montana *'. * Residing at: Printed Name: lVal ftlaw SEAL.." ge.: Bozeman, Montana Residing at '9OF MO , My commission Expires: `'My Commission Expires / /20 January 26,2022 \\Missouri\Officedata\C&H\19\190179\Easement Documents\30 Ft.Wide Public Utility Easement(Sewer).Doc EXHIBIT A PUBLIC ACCESS AND UTILITY EASEMENT LOT 5A, AMENDED PLAT OF LOTS 5 AND 6, GALLATIN CENTER SUBDIVISION P.U.D. PH. 1, & LOT 4, GALLATIN CENTER SUBDIVISION P.U.D. PH. 1 LOCATED IN THE NE 114, SECTION 35, T. 1 S., R. 6 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA LOT 2, � \ / MINOR SUBDIVISION 210 / UNLIMITED VENTURES LLC DOC. NO, 2227362 p10 / Off,do 0� N`L° ti -10, ZX L=39.76 / 9 � o R 180.00 4� 0 42.86 327-14'� ' [N32'45'26"VT \ , NQ) / FORMER LOT 5 L=77.10 R=1024.93 / 4`18'3 6' \ PUBLIC ACCESS AND 2Q 9 UTILITY EASEMENT ���SR �°' s719`3 \ 13,206 SF 00 sr. 9• s 'o FJ \ A os-. LOT 5A AUTO XTREME, INC. DOC. NO. 2677613 12 6.00 315'10'06" [N44-49'54"W] N O I— w O � 0 o z z / QJO�\ ����o LOT 4 >o `— 00 FORMER LOT 6 / /� ��� ° 2B HOLDINGS, LLC Z DOC, NO. 2668137 z �`��\` PUBLIC ACCESS AND J / UTILITY EASEMENT o `O Ci (b .� \ 13,206 SF NM4'7 APPROX. LOCATION APE OF MONTgN Q7�i / OF 30' EASEMENT MARK A. Uj o [N19-13'44"E] / L=87.38 CHANDLER 81.82 019"3'44" 2 R=193.00 No. 9518ES j 25.0' UTILITY �/CENSF / / 9 F G� N & SIDEWALK NEER P O EASEMENT PER PLAT ^ N 0 0 ) ^� 70.12 271.14'07 I L=56.02 L=22.04 8 v _ [N88'45'53"W] i R=262.57 N 8„W 71� .,S5 R I R� 0 1-0 8 s EET8"ps � 2g 20 i 8"� 2S� LEGEND PROPERTY BOUNDARY LINE — — — — SURROUNDING PROPERTY LINE Scale In Feet EASEMENT LINE 50 0 50 AREA OF EASEMENT IN LOT 4 = 7,303 Sq. Ft. AREA OF EASEMENT IN LOT 5 = 2,787 Sq. Ft. Engineering and Surveying Inc. AREA OF EASEMENT IN LOT 6 = 1116 Sq. Ft. 15 0 15 1091 Stoneridge Drive•Bozeman, MT 59718 Phone(406)587-1115•Fax(406)587-9768 Scale In Meters www.chengineers.com•info@chengineers.com Sheet 1 of 1 #190179