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HomeMy WebLinkAbout08- Cascade Development Temporary Turn-Around EasementTEMPORARY TURN-AROUND EASEMENT Cascade Develo ment 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 turn-around 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 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 51°41'36" W a distance of 2,358.90 ft to the point of beginning of the easement, thence S 13°15'34" E a distance of 48.00 ft, thence S 76°44'26" W a distance of 90.00 ft, thence N 13°15'34" W a distance of 48.00 ft, thence N 76°44'26" E a distance of 90.00 ft to the point of beginning. Said tract of land being 0.10 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 Windward Avenue to the north. 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 upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. 2311601 ~~pfi~° IIIIIIIIIIIII 09930!2008 02 37P iVIIIIIIIIIIII Iilllllilllllllllll IIIIIiII Charlotte Mills-Gallatin Co MTMISC 21.00 DATED this y/ % ~ day of STATE OF MONTANA ) ss. County of Gallatin ) Ce%~~~-- , 2008. GRANTOR - C e De pment, Inc. Title: Vice President On this ~ h day of S.~ p~e~n~e~ , 2008, before me the undersigned, a Notary Public for the State of Montana, personally appeared, Robert D. Big erg staff, 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 affi~~hMh! ~~~rial Seal the day and year first above written. \`\\\~~PM , 09~~,~' Notary Public for the S to of Montana = * : S~I, : *. (Printed Name) ~~''~,,9T~cOF MoN~P\~.~`~~ Residing in ~~~-~~Q , ~T ~~~i-nnn-~~~~ My Commission pires pe~t~e~r' l~- /20 ~~ ACCEPTED: ~',~_ ..,,'~ ~, ::.~ .~ ~r _, ., ATTL ~~ ~ r;, ~• ~~ ,.t ~~ dy ~ ~' ' ~ ;~ ~''~~,< ~: ~.r STATE OF MONTANA ) ss. County of Gallatin ) ~~~ ` CITY OF BOZEMAN By its City Manager On this ~~' day of '~,~„~, , 2008, before me, a Notary Public for the State of Montana, personally appeared 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal op<lhe~ ~x and year first above written. .~'~ • ~ ~ .'1 << ''~ (SEAI,,~` .` . ~ ,5.. r ublic for the State of Montana .., :'~ `-•-~. - (Printed Name) `%~~j `3 ~ ~ ~~~ ,~` Reslding at Bozeman, Montana ~ , ; , , , , t My Commission Expires: ~/_~/20 / y VIII VIII VIII IIIIII III VIII IIII IIII 2311601P IIIIIIIIIillllllll Charlotte Mills-Gallatin Co MTMISC 21.00 3 .. EXHIBIT A PORTION OF LAND BEING THE NW 1/4 OF SECTION 2, T2S, RSE, P.M.M., GALLATIN COUNTY, MONTANA EXCLUDING WEST WINDS MAJOR SUBDIVISION PHASES 1A, 18, 2A, 2B AND 3 N 1/4 CORNER SEC 2 T2S, R5E. P.M.M. GALLATIN COUNTY, MT TEMPORARY TURN-AR UND EASE ENT AREA = 0.101Ac. N~6: ~-, iZ_~~•g0.00, ~, o X6.4 _~ "v1POPARY...._.~~ ~~-.g0. ~ 4 HEAD 1 ~.i ~;1'v ..~.e RJiJND ~ WINTER PARK ST. 3 ~1~ ~O P . 0. B . 5~1 ~h~~ .. `~ ~ ~ u~ ~~~N ,J ~~ ~/'~ 1 ~01`~ v 1 PUBLIC PARK #2 e --_ --- ~ LOT LINE ' (TYP.) ~z ~ ----------~ ~ RIGHT-OF-WAY LINE ~ 1 (TYP. ) LOT 3 ~ ~ LOT 1 BLOCK 1 ~ BLOCK 2 PHASE 4 ~ ~ PHASE 4 TEMPORARY TURN-AROUND EASEMENT Copyright ®2008 HKM Engineering Inc., All Rights Reserved. I IIIIII VIII VIII IIIIII VIII VIII (VIII III III 2311601 IIIIII IIII 09930/2008 02:37P Charlotte Mills-Gallatin Co MTMISC 21.00 EXHIBIT A H E N G I N E E R I N G 04S067.125 JULY 2008