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Home My WebLink About02- Harrington Trust, Frank R. & Dora B.-3125 W. Babcock - Public Street Easement '!II ~. I ,;^n<o ~ ~~.~t~~J~!~~~j~IIIII!I~~ ~~;~~4~~: PUBLIC STREET EASEMENT FRANK R. HARRINGTON TRUST and DORA B. HARRINGTON TRUST, Grantors, in consideration of $1.00 and for other 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, its successors and assigns, a perpetual street and utility easement for the use of the public, in, through, and across a strip ofland situated in Gallatin County, Mont~ 45 feet wide to be located on the following describe real property: See attached Exhibit "A". Legal description. Frank R. Harrington Trust and Dora B. Harrington Trust Property The easement is more particularly described on the attached Exhibit "B" which by this reference is made part thereof. 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 GRANTEE may peaceably hold and enjoy the rights and privileges granted without any interruption by the GRANTORS. The terms, covenants, and provisions ofthis easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATED this /;J day of Yl)aJ,a)1 , 2002. GRANTORS ~ Frank R. Harrington Trust b~~i ~ I~~ Frank R.Harrington, Trustee -- by ~J2.j~_ Dora B. Harrington, Trustee. Dora B. Harrington Trust by ))~ E ~~~ Dora B. Harrington, Trust byL~R ~~ Frank R. Harrington, Truste STATE OF MONTANA ) ) ss. County of Gallatin ) On this iL day of '-/?JaJoJ] ,2002, before me, the undersigned, a Notary Public in and for the said State, personally appeared Frank R. Harrington and Dora B. Harrington, known to me to be the Trustees of the Frank R. H~ton Trust and the Dora B. Harrington Trust, respectively, and the persons whose names are subscribed to the within instnunent and acknowledged .... IIIIII.~ 1~ 111m IIIIII~IIII~IIIIIIIIIIIIIIIIII ~;~~4:~: SM.ll.y V.no.~C.ll.tln Co MT MISC 24.00 to me that they executed the within instrument for and on behalf of the Frank R. Harrington Trust and the Dora B. Harrington Trust IN WITNESS THEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. . ,', IIIII-li A. I/z.."-" \,-.~, 1111'...,.'. 4li:'.I: f'l;, ~-<.~".,~"..: '::.' ....." ./f; .,-- .~";" , <" '. '!... ~ ., '<II ' .,' 'J.f '.., .." ..1 ',," ," ,': , , (' .. . " .">,~,, ,., ., -n:: \..'A:LJ (SEAL) tfl . . "'<;,; ..;. '. .'~"'" ::: .., '. ' . .... :'. '~~'" '., ..,.,<", '\'-:: .. 0 F l.~ \J \\,., ' ~Jv-! a ~ (!l1Ifd/ It (lJe71!//~/' Notary Public for the State fMontana. Residing at Bozeman, Montana My commission expires: ''iT IS- -d..-ccJ L/ , ACCEPTED: ~~;Y !_B~ZEMAN Clark V, Johnson City Manager STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ day of Yi1~ , 2002, before me, the undersigned, a Notary Public in and for the said State, personally appeared CLARK V. JOHNSON 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 THEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. \.\ ~ ". "\. .,J t, ". ,,:\ . , . . ......'Z.... \. " , ~r', "\1 ..... ~'o;. ~.." ~." ,.....,"'..,L:.l( '. ~ <..J '<IV "III ~ ": (SEAL) fi\ .... SEA L }~.J e- <'\ '. .' """:' "'-'" ..... .' ..' '" ,~~",. '/'); .,......,....,.- >, Of \^ 0 \- ' Not Public for the State of Montana. Residing at Bozeman, Montana My commission expires: 10- /~-.;7t:Jt>Z SMelley Vance-Gallatin Cc MT MISC 24.00 1111111~lllm IIII~ IIIIII~IIIIIIIIIIIIIIIIIIIIII ~;~~~:~: Exhibit" A " Legal Description Frank R. Harrington Trust and Dora B. Harrington Trust All that portion of the S Y2 NW Y4 of Section 11, Township 2 South, Range 5 East, within the following meets and bounds, to-wit: Beginning at a point in the South line of the S Y2 NW Y4 of Section 11, Township 2 South, Range 5 East, said point being 665.4 feet East of the Southwest comer thereof; thence North 1335.87 feet, more or less to a point in the North of said S Y2 NW Y4 , said point being 708.4 feet East of the Northwest comer thereof; thence East along the North line of said S Y2 NW Y4 330 feet; thence South 1335.56 feet, more or less, to the South line of said S Y2 NW Y4; thence West along said South line 330 feet to the place of beginning: EXCEPTING THEREFROM, the following described tract: All that portion ofa tract of land located in the NW y,. of Section 11, Township 2 South, Range 5 East, P.M.M., within the following metes and bounds, to-wit: Beginning at a point in the South line of the S Y2 of said NW Y4 of said Section 11, said point being 665.4 feet, more or less, East of the Southwest comer thereof; thence East 110 feet, more or less; thence Northerly 396.5 feet, more or less; thence West 110 feet, more or less; thence South 396.5 feet, more or less to the point of beginning; AND ALSO EXCEPTING THEREFROM, the following described tract: Beginning at a point 910.4 feet, more or less, East of the Southwest comer of the S Y2 NW Y4 and then 30 feet North to the point of beginning; thence North 200 feet to a point; thence East 85 feet to a point; thence South 200 feet to a point; thence West 85 feet to the point of beginning, all of the above being within the S Y2 NW Yt. of Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the Survey recorded in Book 138 of Deeds, page 326. Aforesaid parcel of land being previously described in Warranty Deed recorded in Film 35, page 1633, records of Gallatin County, Montana. 665.4 . 193.0' 136.96' ... EXHIBIT 8 STREET AND UTILITY EASEMENT IN A TRACT OF LAND DESCRIBED IN FILM 143, PAGE 1045 OF GALLATIN COUNTY RECORDS LOCATED IN THE S 1/2, NW 1/4 OF SECTION 11, T2S, R5E, P.M.M. GALLATIN COUNTY, MONTANA . Description: A 45.00' wide street and utility easement over, under and across a tract of land described in a deed recorded in Film 143, Page 1045, the southerly line of said easement being described as follows: Commencing at the southwest corner of the South Half of the Northwest Quarter of Section 11; thence North 89'24' East, along the south line of said South Half of the Northwest Quarter, a distance of 775.4 feet to the southwest corner of said tract and the Point of Beginning; thence North 89'24' East, along the south line of the South Half of the Northwest Quarter of Section 11, 0 distance of 135 feet to the southeast corner of said tract, the south line of the easement there terminating. The northerly line of said easement to be prolonged or shortened to terminate on the east and west lines of said tract. The herein described easement is shown by the hatched area on the drawing below and contains 6075 square feet, more or less. LEGEND ~ SYMBOL DESCRIPTION H WEST OUARTER CORNER SEC. 11 ..... I-.. EASEMENT U -~----~ it I-.;: 6 P.O.B. POINT OF BEGINNING 4 i/j .:;,; "- & .::i i( 0 100' 200' 300' ..... V) ""J..... I I I I I (]o .....[)j 0-...1 S C A L E :o-i;:::! U/ Qj~ ito 3 1-.;:'1- ..... lC) "- 'I- f;j 0 ..... ..... "- hi hi "<( ~ ~ 2 o:.J ~ ~ <'\iCb 61 <0' <'\i~ 'I- & ""J' ..... 'I- "-'<:-- '<:-- ~ ..... "- U/ ~ ..... (J . ~O) ~ ~ ~~ I-.;:~ (j :-::! <0 :-::! ~ 0 '-i:. [)j '-i:. Vi 1::) I o' $? (j ..... 110.0' - 45.00' __t_________ 32.50' _______t 775.4' to the P.O.B. TRAcT 1 (5W ...JZ i:3 TRACT 8 SUBDIVISION BABCOCK STREET <C t5 Z 70 gW 41 i:[ MEADOWS "i <C MEADOWS BABCOCK 2A ~ BABCOCK 2B pHASE @S pHASE CAHILL 1111111 11111111111111111111111111111111111111111111111 ~~;~~~:~~, Shall.v Vano.-Gallatin Co MT MISC 24.00