HomeMy WebLinkAbout23 - Easement Type Unknown - Keller Supply Co. - Gardner-Simmental Plaza, Tract 5 Lot 1 2795844
Page 1 of 4 02/16/2023 01:10:44 PM Fee: $32.00
Eric Semerad - Gallatin County, MT MISC
klontana Title& Escrow
325 N. 22"d Av.,Ste.102
Bozeman, W 59718
M T E
MONTANA TITLE AND ESCRow
0RDER41 Hr"_ 340.1
DOCUMENT ELECTRONICALLY RECORDED
TRAIL CORRIDOR EASEMENT
Keller Supply Co., a Washington Corporation, GRANTOR, in consideration of one dollar
($1.00)and for other and valuable consideration,receipt of which is hereby 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, a perpetual trail corridor
access easement for the use of the public in,through and across a 20 feet wide strip of land
situated in Gallatin County,Montana,which is located on the following described property:
Lot 1 of Tract 5 of Gardner-Simmental Plaza, a tract of land located in the E 1/2 of
Section 35 Township 1 South Range 5 East M.P.M. Gallatin County,Montana, according to
the official Dlat thereof on file and of record in the office of the County Clerk and Recorder of
Gallatin Coup Montana less and excMting therefrom that portion conveyed to the State of
Montana in bar ain and sale deed recorded Januga 29 1993 in Film 129 P e 2510 official
records and fig-ther excepting that rtion conveyed to the Cky of Bozeman by deed recoded
Apri122, 2005, document No. 2185257,records of Gallatin County, Montana
The easement is more particularly described on Attached Exhibit A.
The GRANTOR warrants that he is lawfully seized and possessed of the real property
described above,that he has and that he will forever defend the title of this property against the
claims of all persons.
The GRANTOR further agrees 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.
The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its
officers, directors, employees, agents, successors in interest or assigns, and invitees and save
them harmless from any and all damages, injuries, liabilities, losses, costs,or obligations,
including,without limitation, reasonable attorneys' fees, on account of, arising out of, or claimed
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2795844 Page 2 of 4 02/1 6/2023 01 :10:44 PM
to result from, entry upon or use of the easement by GRANTEE, its officers, agents, employees,
or contractors, any third party, or the public, however occurring, other than those caused solely
by the willful or negligent acts or omissions of the GRANTOR.
DATED this L day ofj(-)r'4 ,20 .
G TOR:
LAI%tl:h Tr-
STATE OF )
):ss
County of dirt— )
On this day ofJU AI ,20 1; before me the undersigned, a Notary Public
in and for th State f Montana,personally appeared -t oomi-4 Yn a y) , known to
me to be the I a V re5;byy - of Keller Supply Co., a Washington Corporation,
whose name is subscribed to the within instrument, and acknowledged to me that he did execute
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
F M C Gl III/
(SEAL) ` L
J _�yZoN
S =.lei OSARI.
R % %a 208159 �
Notary Public for the State of Ment is WAID
Residing at �
My Commission expires (Q-��-�.3 I/f 1���'QF�W,�S`r`���
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2795844 Page 3 of 4 02/1 6/2023 0110:44 PM
L
eY
ACCEPTED:
City of Bozeman
By
Cit#41ger
ATTEST:
City Clerk r
STATE OF MONTANA } 9T1 i883 'Q �e
)ss.
Gallatin County }
On this_ (o day of 2 6SS,before me, a Notary Public for the
State of Montana,personally appeared JEFMIIHELICH and MIKE MARS, known to me to be
the City Manager and City Clerk 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 affixed my official seal the
day and year first above written.
JULIE HUNTER
'Jr�fc HUiyp�9 Notary Public
(SEAL) _Nos�R�q�. for the State of Montana
*: Residing at
:.SEAL.-',*,: Bozeman,Montana
OF• My Commission Expirm
ublic for State of Montana June 11,2025
(Printed Name)
Residing at Bozeman,Montana
My Commission Expires: 0(a / _jL__/20
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2795844 Page 4 of 4 02/16/2023 01 -.10-.44 PM
EXHIBIT A
AN EASEMENT SITUATED IN LOT 1 OF TRACT 5 OF GARDNER-SIMMENTAL PLAZA, A
TRACT OF LAND LOCATED IN THE El/2 OF SECTION 35,TOWNSHIP I SOUTH,RANGE 5
EAST,M.P.M.,GALLATIN COUNTY,MONTANA
N89°19'26"E
N89°19'26-E 152.00'
I 20.00'
I
z
W
OWNER INFORMATION
d (CURRENT AS OF PRINTED DATE)
x KELLER SUPPLY CO
.�
I 3209 17TH AVE WEST
i w PROPERTY SEATTLE,WA 98119-1708
r� o BOUNDARY
N■�
p � O
z
LEGAL DESCRIPTION
0 o A STRIP OF LAND,20 FEET WIDE,DESCRIBED AS
��to o FOLLOWS:
c M ' o � COMMENCING AT A POINT AT THE NORTHWEST
ZI qr
WT 1, TRACT 6 Z CORNER OF LOT 1 OF TRACT 5 OF THE GARDNER
PLAT SIMMENTAL PLAZA SUBDIVISION:THENCE N.89"
19'26"E FOR 20 FEET ALONG THE NORTH
PROPERTY LINE OF LOT 1,TRACT 5;THENCE SA°
I 01'00"E FOR A DISTANCE OF 426.64 FEET;THENCE
N60°53'55"W FOR A DISTANCE OF 4.70 FEET;
THENCE N29009137"W FOR A DISTANCE OF 32.63
FEET;THENCE NO'01'00"W FOR A DISTANCE OF
20' 395.62 FEET TO THE POINT OF BEGINNING. THE
PATHWAY DESCRIBED STRIP OF LAND CONTAINS 8,262
EASEMENT SQUARE FEET,MORE OR LESS.
sa'
MDOT
W R.O.W
FROM CL
N 19TH I
7 AVE
d
-� I I -N
E
� � I
.ti N60"53'55"W
x N29°09'37"W L4,32.63' �I"� 11.sw
I 0"53'55"Ez NO°19'23'E .30' o ,s w49.38' 53.14' N89'19-26"E
CITY OF BOMEnnAw S89°39'51"W 152.00'
RIGHT OF WAY ACQUISITION RAWHIDE RIDGE
DOC#2185257
EXHIBIT A DATE: 12/27/21 THE CITY OF BOZEMAN
$NOIN6661NO DEPAIrn"T
DRAWN BY: KMG 20&owe-- P.O. On 1=0 `
SHARED USE PATHWAY EASEMENT BOWMAN. MONTANA WWI-1230
PROJECT No.: PHON14(406)662-200— ►A%: (408)662-22M