HomeMy WebLinkAbout20- Public Street and Utility Easement - LeEtta L. Loterbauer - Babcock Fowler Parcel 1-1 2689459
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_ Eric Semerad- Gallatin County, MT MISC
E
MONT ANA TITLE AND E9cRavv ,
ORDER
Return to:
Sanderson Stewart
106 East Babcock
Bozeman,MT 59715
I Project Name: Babcock/Fowler
City of Bozeman Improvements
Engineering Division Project No: 18045
Public Works Department t {
Parcel Na 1-1 I
E �
PUBLIC STREET AND UTILITY EASEMENT
The GRANTOR, LeEtta L. Loterbauer, whose name also appears of record as Le Etta L. Loterbauer,
whose address is 3324 West Babcock Street, 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:
Tract No. 1 of Van Horn Subdivision, a subdivision located in the NWISWI of Section 11,
Township 2 South, Range 5 East,M.P.M.,Gallatin County,Montana,according to the official plat
thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,
Montana. Excepting therefrom that portion of land deeded to the City of Bozeman in warranty
deed recorded October 24, 2002 as instrument no. 2085328, records of Gallatin County,
Montana.
Said public street and utility easement is depicted on Exhibit A attached hereto and more
particularly described as:
Beginning at the Northwest comer of said easement herein described, being a point on the South
right-of-way of West Babcock Street and the East right-of-way of Fowler Avenue, from which
point the west quarter corner of Section 11,T28,R5E, P.M.M., bears N 44'32' 1 T'W,45.32 feet,
said point of beginning; Thence, from said point of beginning, N 89°38'47" E, 101.13 feet along
the South right-of-way of West Babcock Street; Thence, S 01' 45' 33" W, 12.51 feet along the
South right-of-way of West Babcock Street;Thence, S 890 38' 47'W, 74.07 feet;Thence, S 45°
34' 37" W, 14.37 feet, Thence, S 01° 30' 26" W, 89.68 feet to the East right-of-way of Fowler
Avenue; Thence, S 89' 56' 17" W, 17.01 feet along the East right-of-way of Fowler Avenue;
Thence, N 01° 30'26" E, 112.10 feet along the East right-of-way of Fowler Avenue to the South
right-of-way of West Babcock Street and to the point of beginning, and containing 3,008 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.
S A N D E R S fl N � BabcoddFowler
ST E'WA RT emends
Page l of 3 18045Impro 18045
Parcel 1-1
T E
MONTANA TITLE AND ESCROW
ORDER
T!-',IS DOCUMENT HAS BEEN ELECTRONICALLY
RECORDED. SEE THE ATTACHED COVER PAGE
Return to: FOR THE RECORDING INFORMATION
Sanderson Stewart
106 East Babcock
Bozeman, MT 59715
BD Project Name: Babcock/Fowler
9x City of Bozeman Improvements
,• Engineering Division
-- --`� Public Works Department Project No: 18045
c �
=� Parcel No: 1-1
PUBLIC STREET AND UTILITY EASEMENT
The GRANTOR, LeEtta L. Loterbauer, whose name also appears of record as Le Etta L. Loterbauer,
whose address is 3324 West Babcock Street, 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:
Tract No. 1 of Van Horn Subdivision, a subdivision located in the NW'/<SW% of Section 11,
Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, according to the official plat
thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,
Montana. Excepting therefrom that portion of land deeded to the City of Bozeman in warranty
deed recorded October 24, 2002 as instrument no. 2085328, records of Gallatin County,
Montana.
Said public street and utility easement is depicted on Exhibit A attached hereto and more
particularly described as:
Beginning at the Northwest corner of said easement herein described, being a point on the South
right-of-way of West Babcock Street and the East right-of-way of Fowler Avenue, from which
point the west quarter corner of Section 11, T2S, R5E, P.M.M., bears N 44' 32' 17"W, 45.32 feet,
said point of beginning; Thence, from said point of beginning, N 89' 38' 47" E, 101.13 feet along
the South right-of-way of West Babcock Street; Thence, S 01' 45' 33" W, 12.51 feet along the
South right-of-way of West Babcock Street; Thence, S 89° 38' 47" W, 74.07 feet; Thence, S 450
34' 37" W, 14.37 feet; Thence, S 01° 30' 26" W, 89.68 feet to the East right-of-way of Fowler
Avenue; Thence, S 89° 56' 17" W, 17.01 feet along the East right-of-way of Fowler Avenue;
Thence, N 01' 30' 26" E, 112.10 feet along the East right-of-way of Fowler Avenue to the South
right-of-way of West Babcock Street and to the point of beginning, and containing 3,008 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.
S A N D E R S O N 0M Babcock/Fowler
S T E WA R T Improvements
Page 1 of 3 18045
Parcel 1-1
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.
LEETTA L. LOTERBAUER
LeEtta L. Lo erbauer
ACKNOWLEDGMENT OF GRANTOR
State of 1 +( r { i )
) ss.
County of (h'i i- 'i} i ,)
On this 1;_day of f`:',,', i 20, before me, the undersigned, a Notary Public in and for the
said State, personally appea ed the GRANTOR, LeEtta L. Loterbauer, 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.
```QETIFgss., BRIM GET FASSLER Nota Signature Line
Q lam, Notary Public It,
l S
m:NO'CAq�q�:9 for the State of Montana
-* SEAL. S Residing at: Notary Printed Name
J; Leman, Montana
OF
My Commission Expires: Notary Public for the State of Arn+r, Y)(k—
"" May 29,2023
Residing at: n I zo�
My Commission Expires: / Z& /20 Z3
S A N D E R S O N Babcock/Fowler
S T E WA R T Improvements
Page 2 of 3 18045
Parcel 1-1
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• J ff elich
Cit a er n
p19
2
ATTEST: .' •• �f^�
� nl • r �- ♦•rp
IL
By: Mike Maas ; = = .� ____ -•Q
City Clerk O y
1883
IN Co.
State of Montana )
)ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this C) day of, it 200by
Jeff Mihelich and Mike Maas, known to me to be the City Manager and City Clerk foVthe 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. i
Notary Signature Line
Notary Printed Name
BERNADETTE A MASSEY Notary Public for the State of 1�
Notary --
'me•'NOTaR,q .m=for the Stat of Montana
_ < m_ Residing at: '='� ��•: �.
"* SEAL,''`, Residing at;
Bozeman nana My Commission Expires: / /20-
` '• �r ,
My Commissi on Expires;
May 23, 2023
S A N D E R S O N Babcock/Fowler
S T E WA R T Improvements
Page 3 of 3 18045
Parcel 1-1
EXHIBIT
PUBLIC STREET AND UTILITY EASEMENT
WITHIN
TRACT NO. 1 OF VAN HORN SUB., S11 , T2S, R5E
PREPARED FOR CITY OF BOZEMAN JANUARY, 2018
PREPARED BY SANDERSONSTEWART0; BOZEMAN, MONTANA
/ 1 Q
11 I
WEST BABCOCK STREET WARRANTY DEED
/ (2085328)
POB /
L1
. .. . N
EXISTING >a^\ \ \ \ \ \ \ \ \ \ \ \ \ \
/PROPERTY
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \
A/LINE (TYP) I\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
/� I\ \ \ \ \ \ \ \ \ \ \ \ \ \ \
J . .'. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
/p \ \ \ L1 N 89° 38' 47" E, 101.13 \
/ I� . . . . . . . . \ \ \ feet \
. 1\ \ \ L2 S 01'45'33"W, 12.51 feet \
I j \ \ L3 S 89°38'47"W, 74.07 feet \
L4 S 45'34'37"W, 14.37 feet
PARCEL 1 -1 \ \ \ L5 S 01°30'26"W, 89.68 feet \
NEW PUBLIC \ \ \ L6 S 89'56' 17"W, 17.01 feet \
STREET AND I \ \ \ L7 N 01° 30' 26" E, 112.10, \
UTILITY \ \ \ feet . \
EASEMENT . .'.'. . . . \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
EX. TRAIL EASE. 9�
/(173FM4338;
2011830) I I I DOMESTIC USE
/ / 'If / I LEASE AGREEMENT
EX. ROAD AND (173FM4331 )
/UTILITY EASE. —
(20101 13) — — — — — —
R/W LEGEND
CURRENT OWNER: ® EXISTING ROAD R/W
LeETTA L. LOTERBAUER NEW EASEMENT AREA
NORTH SCALE:1:30
"�........"`" AREA REMAINING
11402.13 ROW BASE CURRENT.DWG 18045 01/15/19 TG