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HomeMy WebLinkAbout011 Public Street and Utility Easement - Signed Return to: City of Bozeman PO Box 1230 Bozeman MT 59771-1230 PUBLIC STREET AND UTILITY EASEMENT O'Reilly Partnership LLC, 4 Clovers LLC, Seven Ox Seven LLC, GRANTORS, in consideration of$1.00 and for other and valuable considerations, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, 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, to be located on the following described real property: The tract of land being the South Half of the South Half of the North Half of the Northeast Quarter of the Southwest Quarter, shown as Tract 1 on Certificate of Survey No. 2856; and the North Half of the South Half of the Northeast Quarter of the Southwest Quarter, all in Section 35, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana The easement is more particularly described on the attached Exhibit, which by this reference is made a part hereof. The GRANTORS state that they possess the real property described above and that they have a lawful right to grant an easement thereon. 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_Z__day of �. , 20 ZZZ EASEMENT EXHIBIT A PUBLIC ACCESS AND UTILITY EASEMENT ACROSS A PORTION OF THE TRACT OF LAND DESCRIBED IN FILM 3, PAGE 49 BEING THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER,ALL IN SECTION 35,TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA --��I TD&HYPC 5.00'WC —PER CATTAIL CREEK PARK, CATTAIL CREEA-SUB. PH. 1 i SUB. PHASE 1 PLAT N 89°39'00" E 1325.02'[1320.02'TO W.C.] 1280.02' • 45.00' A 1 %Z"BLANK —CTR. � a COR ALUM.CAP CW%e COR. 45' PUBLIC ACCESS & UTILITY EASEMENT rn � FILM 3 PAGE 49 N CV O O OO LEGEND Property Boundary Line -------- Adjoining Lot Line Easement Sideline Calculated Easement Corner O Calculated Boundary Corner • Found Survey Monument As Noted C&H YPC 1279.56' 45.00' S 89°38'23"W 1324.56' [1284.61'TO W.C.] 10" C&H YPC TRACT 1 39.95'We CERTIFICATE OF SURVEYOR COS2856 NTA�'9 I, Norbert Hackl the undersigned Professional Land Surveyor,do hereby certify that this exhibit was surveyed by me,or under my supervision,that the RBERT information shown hereon is true and correct to the best of my knowledge, HACKL Dated this f day 4535 LS 2022. i � ` L/'� N -/ 0/CENS�C Norbert Hackl,PLS S U R� Montana Registration No.14535 L.S. BASIS OF BEARING DRAWN BY: GL 1714 Stoneridge Dr. 0 60 DATE � � ALPINE Suite 3 BOBCAT LDP Bozeman,MT 59718 COORDINATE SYSTEM PROJECT NO. 064157 s 586.5599 Office Seale 1 60' FILE NAME EASEMENT ExHiBrr EtVO1NEE '"c www.alpinesurveying.net STATE OF even Ox Seven LLC "Ic.� to ) )ss. County of 46,.-44rtt, ) On this Z day of -5(-x-k c , 20 Z Z,before me the undersigned, a Notary Public for the State of Montana, personally appeared .i C c-64-r2t ,known to me to be J+jejti e7-, of: c,tc.i C x -e-1- and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of SEVGr� v SL=�ch IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CHRIS BUDESKI G•rQ�S gUOFs <. Notary Public (Punted Name) �O�ARlq4• _fOC ` �te of Montana Notary Public for the State of /emu 4'u Residing at: G1,2 .SEAL Bozeman, Montana Residing at , ]dam My Commission Expires: November26,2023 j My Commission Expires '1 �.� - By: 4 Clovers LLC STATE OF '�c n� ) )ss. County of Gr-k\LA-.vt ) On this 2, day of�)��.c_ , 20 u, before me the undersigned, a Notary Public for the State of Montana, personally appeared cjy hj,,,-1� , known to me to be !1l)c rTirle— of SUrr,. ox Sw&n and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of If U-u ef-, L Lc. IN WITNESS WHEREOF, I have hereunto set m hand a affixed my Notarial Seal the day and year first above written. I, CHRIS BUDESKI VrS auoFs�; Notary Public ,t�oTARia�• for the State of Montana (Printed Name) in, Montana rY ding at: Nota Public for the State ofp�lacr �.SEAL.2Q 9 OF tP My Commission Expires: Residing at P :;�ciyy— /A November 26,2023 My Commission Expires c;` tryis,- 7.6. Z3 � By: O'Reilly Partnership LLC STATE OF I 1 Icn+c 11c, ) )ss. County of Cy-c-I1c-4, y\ ) On this day of n ,20 ZZ,before me the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be O)cwt)(f of )t vc,l �Se. . and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of IN WITNESS WHEREOF, I have hereunto set hand and affixed my Notarial Seal the day and year first above written. p` CHRIS BUDESKI ZQ�S Bu�Fsf�; Notary Public (Printed Name) �OTARIq�. f0 to of Montana � 1101ding at: Notary Public for the State of M CNVV", * SEAL e Bozeman, Montana ' Residing at j2� A,,l My Commission Expires: - N � ovember 26,2023 My Commission Expires -,Uf c y(yY 4• ,, 2,6 L?,3 ACCEPTED: CITY OF BOZEMAN by City Manager ATTEST: CITY OF BOZEMAN,MONTANA City Manager ATTEST: City Clerk STATE OF MONTANA ) ss County of Gallatin ) On this day of 20 ,before me,the undersigned, a Notary Public for the State of Montana,personally appeared and ,known to me to be the City Manager and City Clerk for the City of Bozeman,respectively, 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) Notary Public for the State of Montana Residing at Bozeman,Montana My Commission Expires