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Home My WebLink About02- Todd, Daryl D. & Davis, Richard K. & David W.- Film 146, Page 1827 W. Babcock - Public Street Easement f!"u ~ ~ 11I11II ~IIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIII ~~;~~~:~?, Shelley Vance-Gallatin Cc MT MISC 24.00 PUBLIC STREET EASEMENT DARYL D. TODD. RICHARD K. DAVIS. DAVID W. DAVIS, 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, Montana, 45 feet wide to be located on the following describe real property: See attached Exhibit "A".. Legal description. T odd/Davis 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 possesses 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 tenns, 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 /<6 day of I..(Y)al!GA ,2002. GRANTORS tJ~ !J 1o,~,f Daryl D. dd ,((l ';I 10 j,~ David W. aVIS {()t1 0 /) ~ Ri~hard i{;tavis . .' STATE OF MONTANA ) ) ss. County of Gallatin ) On this 1.i....- day of YnahcJ) ,2002, before me, the undersigned, a Notary Public in and for the said State, personally appeared Daryl D. Todd, known to me to be the attorney-in-fact for Richard K. Davis and David W. Davis and the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same for and on behalf of Richard K. Davis and David W. Davis as their lawful attorney-in-fact. IN WITNESS THEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. \...dH~lIUt... ,-.... .t... If. ;;~ :}'Y ......... E" "....., - ~' ~." ".,.. ,"- ~ "',~ " It. 'c'.."<",~ ~ . "'.~.. -" ".*. . ~;f: - . v. ,,. ~ <,. .'. ...j : \.\ . ...., ' ,<\\*,:4\ . .1;. .,!i:;S L ~ ,~ lI'f ",:i - ) .:"/~J "'''ill '::,~/~~ ,lllllltf':: ;., "Ir ".,~". ~.'~~,,:;- .r . .' ' ""- ~.' lio ". .... ~,,.- r.:," O~.l.; C ~" 111I1111111111111111111111111111111111111 111II11 ~;~~4i~: SMelley Vance-Gallatin Cc MT MISC 24.00 '1 aJzol! Q, vn:z/ij;jd. Carol A. Metcalf Notary Public for the Stat of Montana. Residing at Bozeman, Montana My corrnnission expires: $? - /!S--~CcJL/ ACCEPTED: ,:~,:~~i -~r' ~::(I....:.'.[J.'. . ".~' /.', :.- .UJ \ ~,.' \../ ~\ A TTEst1;~<) 'r%.tJ t.-'~~ ~ I .,-..c:-Gl. '..'/)'/ ~ "w.. ' . r '. C,,! . ~::"''', _':-.J .. (ljtf~/U/hL~ Clerk'o.t!.l!~~S~~~~sion ~., .~ .' ~ ~~:......./o. '. ','. ~'" ~p ~~'ZE~ Clark V. Johnson City Manager STATE OF MONTANA ) ) ss. ) County of Gallatin On this df,j 'day of '111~ ,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 -~' ,'~ . ....,:;-:>./.0. .) ,. . ..."<, .,....4-(\EAL) 41).\8 t.AL/~l ',,-.- ,..... . .... .( ~.t '. '" . . ..' ">C."\" ' , '~ i' ._p '!'{\~ "',"'"t "'", .>' Pu lic for the State of Montana. Residing at Bozeman, Montana My commission expires: 16 - /;1- ;ZOO,:!... J " . Ilmllll~1 ~~ IIIIII.I~I~ II ~I Hili 1111 1111 ~~~~~f~~: Shelley Vanoa-Oallatin Co MT MISC 24.00 Exhibit " A" Legal Description ToddIDavis Property All that portion of the S ~ NW y.. of Section 11, T.2S, R.5E, P.M.M., within the following metes and bounds, to-wit: Beginning at a point in the South line ofthe S ~ NW y.. of said Section 11, in T.2S, R.5E; said point being 995.4 feet East of the Southwest comer thereof; thence North 1335.56 feet, more or less, to a point in the North line of said South half of the Northwest Quarter (W ~ NW y..), said point being 1038.4 feet East ofthe Northeast comer thereof; thence East along the North line of said S ~ NW y.. , 330 feet; thence South 1335.25 feet, more or less, to the South line of said S ~ NW y.. ; thence West along said South line 330 feet, to the place of beginning, containing 10.11 acres, more or less: TOGETHER with an undivided one-eighth interest in and to one share of the First Series Stock of Farmers Canal Company; EXCEPTING therefrom the above described land the following, to-wit: A tract ofland in the S ~ NW y.. of Section Eleven (11), T .2S., R.5E., P .M.M.., and more particularly described by the following metes and bounds, to-wit: Beginning at a point which bears North 89024' East along the South line of said South Half of said Northwest Quarter a distance of 1188.4 feet from the West one- quarter comer of said Section 11, thence North 0046' East a distance of 1335.56 feet, more or less, to tbe North line of the S Y:z NW y.. of said Section 11, thence North 89027' East a distance of] 37.0 feet, thence South 0046' West a distance of 1335.25 feet, more or less, to the South line ofthe Northwest Quarter of said Section 11, thence South 89024' West along the South line of said S ~ of said NW y.. of Section 11, 137 feet, more or less, to the place of beginning. DEED REFERENCES: Deed dated November 15, 1950 recorded in Book 104, Page 355; Deed dated June 16, 1966 recorded in Book 151, Page 520. . . ,.,., EXHIBIT 8 STREET AND UTILITY EASEMENT , ;;."" IN A TRACT OF LAND DESCRIBED IN FILM 146, PAGE 1827 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 146, Page 1827, 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 995.4 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, a distance of 193 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 8685 square feet, more or less. LEGEND ~ SYMBOL DESCRIPTION H WEST QUARTER CORNER SEC. 11 -~----- EASEMENT P.O.B. POINT OF BEGINNING I-.. 300' ~ 0 100' 200' ,..,.... I I I I I .....f1 S c A L E U/ ~a 1..::"" .... .... I-.. U ~ ~ 4 kJ :s: ~ ~ ....V'J 60 3;) Q'j~ 3 I-.. <:( O:! <'\I'D I-.. "" u i ~O) i-..::.<'\I .... ~ 6'{ Cl Cl ~ o o C) & il ,..," "" .... ..... ~ to ~ I $J .... "- !E & C{ to" "" .... ~ <'\I~ I-.. U . ~~ ~ vi ci (j 2 lr) 6 .... ~ 7:::! l<: ~ 7:::! l<: . S. LINE OF S. 1/2, 45.00 NW 1/4. SEC. 11 1_______ 45.00' 32.50' _______1 110.0' 135.0' N89'24'E 995.4' to 136.96' BABCOCK STREET TRAcT 1 9~ ~j TRACT 8 SUBDIVISION 70 MEADOWS BABCOCK ZA pHASE t3 ~ (jj C5 @5 ~ ~~ Q <( MEADOWS BABCOCK 28 PHASE 41 CAHILL 111111111111111111111111111111111111111111 1111111111111 ~~~~t:~~ Shallav Vanea-Gallatln Ce MT MISC 24.00