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HomeMy WebLinkAbout08- Cascade Development Temporary Cul-De-Sac Easement (3)Return to: City Clerk City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 TEMPORARY CUL-DE-SAC EASEMENT Cascade Development, Inc. 1627 W Main St. Suite #223, Bozeman, MT 59715, GRANTOR, 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 411 East Main, Bozeman, Montana 59715, GRANTEE, its successors and assigns, an easement for a temporary cul-de-sac for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, seventy-two (72.00) feet wide to be located on the following described real property: The NW '/ of Section 2, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, excluding West Winds Subdivision Phases lA, 1B, 2A, 2B, and 3. The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof, and as described below: Commencing from the north quarter corner of Section 2; S 49°52'07" W a distance of 3046.41 ft to the point of beginning of the easement, thence S 00°00'00" E a distance of 72.00 ft, thence N 90°00'00" W a distance of 68.49 ft, thence N 00°00'00" E a distance of 72.00 ft, thence N 90°00'00" E a distance of 68.49 ft to the point of beginning. Said tract of land being 0.11 acres. The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR, until such time as this Easement is properly terminated. This Easement shall remain in full force and effect until such time as construction activity commences to extend Breeze Lane to Davis Lane. The GRANTOR, or the GRANTOR'S SUCCESSOR in interest, shall record a plat to indicate the change and this Easement shall terminate upon the filing of the plat. The terms, covenants, and provisions of this easement shall extend to and be binding IIIIIIIIII 2311600 IIVIIIII 9e 1 of IIIIIIIIII 4 IIIIIIiI IIIIIIII IIIIIIIII Ch 109/30/2 arlotte Mills-Gallatin Co MTMISC 008 02:37p - _- --- -- ------ -------_- 28.00 upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATED this o(7 - day of ~~~ , 2008. 1 GRANTOR - de D opment, Inc. Title: Vice President STATE OF MONTANA ) ss. County of Gallatin ) On this ~ (~ day of ~~ ©}c,~lpe,,~ , 2008, before me the undersigned, a Notary Public for the State of Montana, personally appeared, Robert D. Biggerstaff, known to me to be the Vice President of Cascade Development, Inc. 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 Cascade Development, Inc.. IN WITNESS WHEREOF, I have hereunto set my hand and affix,~d~iiM~I~d~I~~ial Seal the day and year first above written. \`\~`~~PM D,9~~ ~' .3. ~. Notary Public for the State o ontana ~ * : "-"' 'SEAL .~ W. ~I~r,vvv~ ~, r .. Nom' • . ~,~. (Printed Name ~ /,~~''~~'c_OF~~IIO~P`\`\`~~ Residing in ~ ~ ~~'umunn~~~~``~ My Commission pires~~_~~~/20~ ACCEPTED: y ,., ~"..~~t. --. .~:: °~ +~ ATT~~ ...~ , ;~ ('~~~, STATE OF MONTANA ) ss. County of Gallatin ) C~~~~I: \ CITY OF BOZEMAN By its City Manager On this ~`~day of , 2008, before me, a Notary Public for the State of Montana, personally appear d CHRIS A. KUKULSKI and STACEY ULMEN, 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. IIIIII IIIII IIIII IIIIII IIIII IIIII IIIIII III IIIII IIII IIII ~311600P Charlotte Mills-6allat in Co MTMISC 28.00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. ,un_~-~~ ~P (SEAL) ~.~ r -'~ , „ ,,, -; N lic for the State of Montana ~-. , ' =,i '- ~..ar~Y'a e Cam' ~rK. ~ ~ -~ ~~ ~(~, (Printed Name) Residing at Bozeman, Montana ~ ,, ,.f., , My Commission Expires: ~/ ~ / /20~ ~% ~"J • ' • • • • ` ~"' ~~~ ~~ <r t,i.i. ~ ~~'~ ~-,t ~~~~~~ ~~~~~ ~~~~~ ~~~~~~ 23.11600 ~~ ~~~~ ~~~~ 09 / 3012008 02.37P Charlotte Mills-Gallatin Co MTMISC 28.00 '~- EXHIBIT A PORTION OF LAND BEING THE NW 1/4 OF SECTION 2, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA EXCLUDING WEST WINDS MAJOR SUBDIVISION PHASES 1A, 1B, 2A, 2B AND 3 TEMPORARY CUL-DE-SAC EASEMENT AREA = 0.11 Ac. ,' N90'00'00"E r~------ -------- ~--~s.~-- w~ w~ ooh-o ,.off o _ _ __ _._._..._. _. _ ._ __._____ ~.°o ~a _ ~ _ ~_:o ~ ~ ~. . ~ ~_ _ . _ OIN o~~ o~ z BREEZE LANE PHASE 4 A Q EXHIBIT A TEMPORARY CUL-DE-SAC EASEMENT E N G I N E E R I N G ~ 04S067.125 SEPT 2008 Copyright ®2008 HKM Engineering Inc., All Rights Reserved. I IIIIII VIII VIII IIIIII VIII VIII IIIIII III VIII IIII IIII 2311600p Charlotte Mills-Gallatin Co MTMISC 28.00 N 1/4 CORNER SEC 2I T2S, R5E. P.M.M. GALLATIN COUNTY, MT