HomeMy WebLinkAbout5-10 Instrument #2207561 After Recording Please Return To
Katherine A. Baker
Goetz, Gallik& Baldwin P.C.
35 North Grand
P.O. Box 6580
Bozeman, Montana 59771-6580
PUBLIC STREET EASEMENT
Fairview Investments, L.L.C., of 1725 DeSales Street N.W., Suite 900, Washington, DC 20036,
the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, with address
of 411 East Main Street, Bozeman, Montana 59771, the GRANTEE, its successors and assigns,
perpetual street and utility easements for the use of the public in, through, and across a strip of
land situated in Gallatin County, Montana, the locations of which are shown and described as
follows:
A. A public street and utility easement, Fifty(50) feet wide, to be located on a portion of
Tract 1 of C.O.S. 1256 in NE % of Section 2, T2S, RSE, City of Bozeman, Gallatin
County, the location of which is more particularly shown and described on Exhibit"A"
attached hereto and which by this reference is fully incorporated herein. (Baxter
Lane)
B. A public street and utility easement, Forty-five (45) feet wide, to be located on a
portion of Tract 1 of C.O.S. 1256 in NE %< of Section 2, T2S, RSE, City of Bozeman,
Gallatin County, the location of which is more particularly shown and described on
Exhibit "B" attached hereto and which by this reference is fully incorporated herein.
(North 27`h Avenue)
Page; 1 2207f i l
11�14111111111111 1III111114i�1111111111111 1
Shallay Vanoa-Gallatin Cc MT MISC 97.00
C. A public street and utility easement, Thirty (30) feet wide, to be located on a portion
of Tract 1 of C.O.S. 1256 in NE '/4 of Section 2, T2S, RSE, City of Bozeman, Gallatin
County, the location of which is more particularly shown and described on Exhibit"C"
attached hereto and which by this reference is fully incorporated herein. (Tschache
Lane)
D. A public street and utility easement, Sixty(60) feet wide, to be located on a portion of
Tract 1 of C.O.S. 1256 in NE '/4 of Section 2, T2S, RSE, City of Bozeman, Gallatin
County, the location of which is more particularly shown and described on Exhibit"D"
attached hereto and which by this reference is fully incorporated herein. (West
Winds Lane)
The GRANTOR warrants that it is lawfully seized and possessed of the real property described
above, and that it has a lawful right to convey the property, or any part of it.
The GRANTEE agrees that GRANTEE, its successors and assigns, is solely responsible for all
maintenance and repair of the above-described easements.
The GRANTOR agrees that the GRANTEE may peaceably hold and enjoy the rights and
privileges herein granted without any interruption by the GRANTOR. The terms, covenants and
provisions of this easement and agreement shall extend to and be binding upon the heirs,
executors, administrators, personal representatives, successors and assigns of the parties
hereto.
DATED this day of September, 2005.
AN
Inves a ts, L. .
I iilll iiiili iliill III iliilll iii Iliii iili ills Pass:2� f I� I
iilliiiNll
Shelley Vanos-Gallatin Co MT M1SC 97.eO
i
STATE OF MONTANA )
)SS.
County of Gallatin )
On thi day of September, 2005, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Kingdon Gould IV, known to me to be a Member of
Fairview Investments, L.L.C., the _limited liability company that executed this document, and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above
written_
tayry�J Pu lic fo/r�the St of Montana
(,:':• (Print name)
w'-a (SEAL) Residing at:
My commission
expires: f ' r o
"ACCEPTED: 09,�,z A!%
CITY OF BOZEMA
by its C,tu magekaer
ATT ST:
0
0
C er of the City Commission
STATE OF MONTANA )
) ss.
County of Gallatin )
ct- -4r
On this 'day of�, 2005, before me the undersigned, a Notary Public for
the State of Montana, personally appeared CHRIS A. KUKULSKI and ROBIN L. SULLIVAN,
known to me to be the City Manager and Clerk of the City Commission for 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 seal the date first above
written.
Notary f�lid thWState of Montana
(Print name)
SEAL Residing -
My commission
All< expires: �Z
IIIIIII ff !! ff II ff II IIII Paw 3 of 11
2207561
10/28/2006 0 50
Shelley V\n0O-0411atln Cc MT RISC 97.00
I
EXHIBIT A
PUBLIC STREET EASEMENT
BEING ON A PORTION OF TRACT 1 OF CERTIFICATE OP SURVEY No.1256
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
Z
Z
z 1=
I o��
I� L Q N
W W
lnxo ¢�^
o�
In$ Z 6 0
m� Ogm'Z
,z0 6S V)
m.'Gz l�.Ios
iih°'�•
;ji c,l Q
• }ys �Ip1 �X
a I �
N N
rT p> �.el rJZ
m Z
'M� "i Fvj
m
If) ' �In
ail 0
Z # } a±': V
5, m
C7 ih !}Ei ;"I W f'4 W Z W
zm
Gi W °ftari�rerF —.1— N
i
Ln 1a iiCif i3
r�1
I
0 50 11b 150 (14
� o
SCALE: 1 INCH-100 FEET Ih In
0 I
Z i
uT
a
0
i
:N• wiu i'ww�n'ia was AMECr 91M[IOk MT Stu-.01' J
l'i"il L+ny,ncenly5
laM Surveying curl er.wo 2(7G 2
1/45ac. T. A. Gwlcchnicnl EN�liaccring n11"'T I+"'1"""=' IEaclay�r wr wm,EST x.o�osx
ALLIED
® 2 2S I 5E ufOweamNo Swctuaal FnyinWring 0A1e aplps �F-uX a11x1Et.
220? ral
f 11
Shelley V&mce-Gallatin Cc MT MISC 97.00
I I
EXHIBIT A
PUBLIC STREET EASEMENT
LEGAL.DESCRIPTION
A public street easement, being on a portion of Tract 1 of
Certificate of Survey No. 1256, located in the Northeast One—Quarter
of Section 2, Township 2 South, Range 5 East, Principal Meridian
Montana, City of Bozeman, Gallatin County, Montana, and being more
particularly described as follows:
Beginning at the North One—Quarter Corner of said Section 2 said
point also being the Northwest Corner of said Tract 1;
thence North 89'45'18" East, along the north line of said Tract 1 a
distance of 661.27 feet to the Northeast Corner of said Tract 1;
thence South 01'31'20" West, along the east line of said Tract 1 a
distance of 50.02 feet;
thence South 89'45'18" West, a distance of 661.26 feet to a point
on the west line of said Tract 1;
thence North 01'31'11" East, along said west line a distance of 50.02
feet to the Point of Beginning.
Said easement being 0,76 acres, along with and subject to any
existing easements.
a
D
K
X
G
{G,7
N
6
I
T
3
9
61
I
N
O
O
J
Ci,il P.nglaceriay I nro.Ecr aumcroR:al 5F31�:1'
Lund SurvCYing uon���w,�.nsrnx nu.,sr.uro ]<OF2
I/4 Sec. i. R. Gm4ch,w;nl Eaginccm,g m,a i.",a.nnvi R["[aeo•n..rt na.ier x.nsoef
ALLIED
® 2 25 SE muur�wtw Srmnuwl engmccriaK ouc a•p�/ee V-cnec e,xrta.
I J f I l 2207561
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIII IIII IIII P0/26/2006 04:64P
Shelley Vance-Gallatin Cc MT MISC 97.00
EXHIBIT B
PUBLIC STREET EASEMENT
BEING ON A PORTION OF TRACT I OF CERTIFICATE OF SURVEY No.1256
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL.MERIDIAN MONTANA,
CITY OF BOZEMAN,GALI.ATIN COITNTy,MONTANA
3
MINOR
SION
SUNo 210
N89'45'18"E
45.02'
N. BAXTER LANE-�--
POINT pF --—` ———— —
— ——
BEGINNING I ''
'yEl4 50' WIDE
BAXTER LANE
I EASEMENT
32.5' WIDE I An
EXISTING PUBLIC--I
STREET EASEMENT I PV
i
P'6 60' WIDE
i tm'y PUBLIC SEASEMETREET
CIDS, Ii� —_—y----- --
cVui
EN -� M_
I f
E 4 SE W 2 Z o "rN TRACT 1,256
Nw1 SS R0 ^ eN!e C.0•S N
� Isla_
MI
IS
;>, M
Zs
mil `^
I l�sd: N
45 WIDE 30' WIDE
NORTH 27th TSCHACHE LANE
H€ AVENUE EASEMENT a
€fix EASEMENT
I —————————— —————
16
S89'46'22"w
aoo soo 45.02'
LOT 5 pk. IIFA
SE pA l(
sca : I IMpI-xo0gEl7 I NNIE 7U8`2O4BLICUB, PH.
AO II N
A PLAT
LAT J�20
I �
I o
0
N
Civil P`--ieg MIPR1ef AIIA[YOR;MT $HLL•1' J
'a'WN eitr�e
I/4 Sec. T- q. l.m�d 5 oylug xw�ne. ewe er.• 2 nI;2
LIED GcoacMinl6uitiucrnoglioyfusm Kn.nor nao:[ern.oe-ma
® 2 2$ 5E dfEERi/q 5lrucmMl EnYimcwing I Ar(ulfiu.sfai
o.m wReR+ �z-utE nm.y.t
-n III Irl 2207561
Pas*: E of 11
10,
IIIIIIIIIIIIIIIIIIIIIIIIII 111 llllllf 111 lull if ll l 26/2006 04.64P
6ft�ll�y Vano�-Qallatln Cc MT MISC 97.00
i
EXHIBIT B
PUBLIC STREET EASEMENT
LEGAL DESCRIPTION
A public street easement, being on a portion of Tract 1 of
Certificate of Survey No. 1256, located in the Northeast One—Quarter
of Section 2, Township 2 South, Range 5 East, Principal Meridian
Montana, City of Bozeman, Gallatin County, Montana, and being more
particularly described as follows:
Beginning at the North One—Quarter Corner of said Section 2 said
point also being the Northwest Corner of said Tract 1;
thence North 89'45'18" East, along the north line of said Tract 1 a
distance of 45.02 feet;
thence South 01'31'11" West, a distance of 1325.27 feet to a point
on the south line of said Tract 1;
thence South 89'46'22" West, along said south line a distance of
45.02 feet to the Southwest Corner of said Tract 1;
thence North 01'31'11" East, along the west line of said Tract 1 a
distance of 1325.26 feet to the Point of Beginning.
Said easement being 1.37 acres, along with and subject to any
existing easements.
9
r`
N
N
Q
W
I
r
P
3
Y
`u
a
m
0
ry
0
i
g
J
(:ivll Lnylrtcc,iny /OOE1Cr A11[IOk NT KHI:ICI'
v otrvg AA
Land surcying nun�.r.n Ipr11 lY:Ina I Ql'L
GIIIBCI�NO
LIED I caa�tn d„I e �I n,nnnl«e,wvr KK.eo n ur M6lCT�.e_
® 2 2S 5E S6iic, I Engi—ing 'ufWi471
wr"a/7�Ne �z-uar xnllwo
11 I ++ 2207561
page!0/2812005 04:64P
Shelley Vanoo-Gallatin Co MT MISC 97.00
i
EXHIBIT C
PUBLIC STREET EASEMENT
BEING ON A PORTION OF TRACT I OF CERTIFICATE.OF SURVEY No,1256
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDLAN MONTANA,
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
I
O cv aNM
ovz I �Zz
I �
S01'31'20"W
3e0.aa01'
11R S�A'
I3 g
z
oaF_
65
w W 'y}'s��lie
U"A
0 SO 700 ISO M V<
SCALE+I INCH 100 FM
tS�Rt Y d�
�¢ N
RP � Vlm�d
Wj O 7 Z
F1 C
_ 4
Lo
WI fo m
V/
N N
to t0
� s}
W —
W r W Z
wN�w &nil OJ�� u
=wZ
a a 0 a
— W
�NfSf.
sot aI'i t'w
1295. 1 W a
�Z z H
� o
� o
wmm Z7 rto
m°
a vWi C�
a (y O H
;nzW G Z o
NF W lVa..l� [�
M W W L O
W� \41 2
}' U
Z
l:ivil P,nK3nccrinK �T tRw�[vok nrt SHliLI' J
LaRxl SurvcYiuB arr er.xeo 2 OP 2
1/4 Sae r. R- ALLIED c�olcuwrnl a�nnRx '�°""1"'O"-�n enc.m m a:wrt ew.acr Kw ee-am
® CritlWxLtU110 54uclunl FnBinccfm
peM 2 2S SE ����"r„n oArt:a w.w�.nncw
llllll lllll lllll llllll llllll 111 lllllll 111 lllll llll llll L� � �aP
Shelley Vance-Gallatin Co MT MISC 97.00
i I �
EXHIBIT C
PUBLIC STREET EASF,MENT
LF,GAL DESCRIPTION
A public street easement, being on a portion of Tract 1 of
Certificate of Survey No. 1256, located in the Northeast One—Quarter
of Section 2, Township 2 South, Range 5 East, Principal Meridian
Montana, City of Bozeman, Gallatin County, Montana, and being more
particularly described as follows:
Beginning at a point which bears South O1'31'11" West a distance of
1295.24 feet from the North One—Quarter Corner of said Section 2;
thence North 89'46'22" East, a distance of 661.20 feet to a point
on the east line of said Tract 1;
thence South 01'31'20" West, along said east line a distance of
30.01 feet to the Southeast Corner of said Tract 1;
thence South 89'46'22" West, along the south line of said Tract 1 a
distance of 661.20 feet to the Southwest Corner of said Tract 1;
thence North 01'31'11" East, along the west line of said Tract 1 a
distance of 30.01 feet to the Point of Beginning.
Said easement being 0.46 acres, along with and subject to any
existing easements.
W
l2
a
W
I
T
N
P
3
O
1O)
O
O
l'ivit6ngln-ring rsutc.ac larritit;I'
Lund S—oymg IxY,KM�in'frHx ERnuM e'!:K� l)1'
1/4 Sec T. R.. GeateGedcul G iaceru, vtmnclanr,nutn �a.:,cn nnuc*ne w-aex
ALLIED
® 2 �25 5E' RnU1NLLR:NU SuucNnl Engineering oAIF:anvo V<u'<"^',ti
1IIIII IIIII�1III IIII�I III III IIIIIII III IIIII IIII IIII 2207561P
Shelley Vance-Gallatin Cc MT MISC 97.00
I I '
EXHIBIT D
PUBLIC STREET EASEMENT
BEING ON A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY No.1256
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZF.MAN,GALLATIN COUNTY,MONTANA
a
u,
N
� O
U Z
6
�In
cd
u
a so too uo
svae(wo(-100(UT S01'31'11'W
60.01'
3a��n`Ii''''�•t(((`E 'S w r
'F€atk'p 0 2
6q+xi£k -S p J Q
Wtl . m w
:F:aaei' cL
a
Fs, 1 �,.-00
00
y f ` gpi °°
to
to
cj
MUM.
r� N i99 i N'a° ie eV w n w Z
jnfz8iirt t 3 Z w
z y o a w4
t��iifit(isaa .a Z1
€:aF�i•�;
� 430,84' i
———————
fL. — — _ w
0
W
N U 2 <
Ozuj
v � o a-Ln
as o
Z
}� Z N F W
Z nw
X a:
W
0
i
i
0
N
Civil 1®/4 sec T. R. ENOItIBER:Hn GcedL.�daiL cSne€iEnucyFceieoin m `qt 2o,2
OP 12
ALLIEDs,_i..I m'
-m�
z
Fegie—mg
2 2S SE, o�m ap�/m
Page: 1 2207561
P0/28/2005 04:84P
Shelley Vance—Gallatin Co MT MISC 97.00
EXHIBIT D
PUBLIC STREET EASEMENT
LEGAI.DESCRIPTION
A public street easement, being on a portion of Tract 1 of
Certificate of Survey No. 1256, located in the Northeast One—Quarter
of Section 2, Township 2 South, Range 5 East, Principal Meridian
Montana, City of Bozeman, Gallatin County, Montana, and being more
particularly described as follows:
Beginning at a point which bears South 01'31'11" West a distance of
430.84 feet from the North One—Quarter Corner of said Section 2;
thence South 89'32'51" East, a distance of 383.88 feet;
thence South 01'31'11" West, a distance of 60.01 feet;
thence North 89'32'51" West, a distance of 383.58 feet to a point
on the west line of said Tract 1;
thence North 01'31'11" East, along said west line a distance of 60.01
feet to the Point of Beginning.
Sold easement being 0.53 acres, along with and subject to any
existing easements.
D
W
K
r
V
7
m
J
a.
W
N
4
N
N
VI
P
3
b
O
m
G
O
N
O
1
N
N
8
CM,L+n intYring � � `nil s rl J
, �^, r�v. �,r... I OF 2
1/4 .e T. fl. cmgsns,iuxl Engioccri„� nx»c,wyauaa ,mc.ey w:ar w,o�er".W-01
ALLIED .,,",.,;,,
® 2 2S SEA c"uwseurw swnunl enanccnng ox. a-w renen.rr
12207561
I�IIII4 Illll IClli Illlll IH 1012812005 012812006 M W
Shelley Vance-Gallatin Ce MT MISC 97.00