HomeMy WebLinkAbout04- MacDonald, David and Cheryl; Tract 2A, COS 1855A - Public Pedestrian and Vehicle Access Easement
PUBI~IC PEDESTRIAN AND VEHICLE ACCESS EASEMENT
David and Cheryl MacDonald ,GRANTOR(S), 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 411 East Main,
Bozeman, Montana 59715, GRANTEE, a public access easement for pedestrian and yehicle use
by the public in, through and across a strip of land situated in Gallatin County, Montana, which
is located on the following described property:
BEING ON A PORTION OF TRACT 2A OF CERTIFICATE OF SURVEY No. 1855A
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 11,
TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
The easement is more particularly described on the attached Exhibit A which by this
reference arc made a part hereof.
The GRANTOR(S) agrees:
(I) To construct and maintain the multi-use access way at their own expense in accordance
with relevant City Ordinances, including, but not limited to, snow removal and all major
and minor repair work.
(2) To allow the City to make any and all inspections ofthe multi-use access way and land
appurtenant thereto as the City reasonably deems necessary.
The GRANTOR(S) warrant that they are lawfully seized and possessed of the real
property described above, that they have a lawful right to conyey the property, or any part of it,
and that they will forever defend the title to 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.
DATED this )) day of ~
, 2004.
David MacDonald
GRANTOR ____------
~~..
Public Access Easement - Roadway & Sidewalk
Lessley Estates
Page I of2
ST A TE OF MONT ANA )
) ss.
County of Gallatin )
On this i~;(3 day of AkJY,', , 2004, before me the undersigned, a Notary Public for the
State of Montana, personally appeared, David MacDonald, known to me to be the Owner of
Lessley Estates and the person whose name is subscribed to the within instrument and
acknowledged to me that he executcd the within instrument for and on behalf of David & Cheryl
MacDonald, Inc.
IN ~rTNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Scal the
day ~Qd'~.f;}If'sr~ove written.
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ACCEPTED:
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CITY OF BOZEMA:
by its Act; ng City Manager
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erk of the City Commission
STATE OF MONTANA)
) ss.
County of Gallatin )
On this 10th day of May ,2004, before me, a Notary Public for the
State of Montana, personally appeared Ron Brey and ROBIN L. SULLIVAN,
known to me to be the Act; nq C; ty Managerand Clerk ofthe City Commission for the City of
Bozeman and the persons whose names arc 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 on the day
and year first above written.
(SEAL)
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Notary Public for th tate of tana
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Residing at fj 0 Lt.I\fV\{LvL
My Commission Expires: 31l--S j"Um 7
Public Access Easement - Roadway & Sidewalk
Lessley Estates
Page 2 of2
EXHIBIT A
PUBLIC PEDESTRIAN AND VEHICLE
ACCESS EASEMENT
LEGAL DESCRIPTION
^ public access easement being on a portion of Tract 2A of
Certificate of Survey No. 1855A, located In the Northeast
One-Quarter of Section 11, Township 2 South, Range 5 East,
Principal Meridian Montana, City of Bozeman, Gallatin County,
Montano, and being more particularly described as follows:
Beginning at a point being the Southeast Corner of said Tract 2A;
thence North 89'12'40" West, along the South line of said Tract 2A
a distance of 330 10 feet to the Southwest Corner of said Tract 2A;
thence along the West line of said Tract 2A through the following
courses;
North 00'01 '09" West, 0 distance of 317 45 feet;
Norlh 00'03'02" West, a distance of 66686 feet lo a pain l on the
Soulh Right'-of-Way of West Beall Street;
thence North 83'52'57" East, along said South Right-of-Way (]
dislance of 30.17 feet;
thence Sou th 00'0.3'02" East, a distance of 670.05 feet;
thence South 00'01 '09" East, a distance of 262.38 feet;
thence Sou th 45'03'17" East. a distance of 36.61 feet;
thence South 89'12'40" East, a distance of 215.68 feet;
thence North 44'56'51" East, a distance of 40.53 feet;
thence North 00'06'12" East, 0 distance of 273.24 feet;
thence North 00'12'35" Easl, a distance of 667.74 feet;
thence North 00'06'20" East, 0 distance of 20.95 feet to a point on
the South Right-of~Woy of West Beoll Street;
thence North 83'52'57" East, olong soid South Right-of-Way a
distcmce of 30 18 feet to 0 point on the East line of said Tract 2A;
thence along soid East Line through the following courses;
South 00'06'20" West, a distance of 24.25 feet;
South 00'12'35" West, a distance of 667.74 feet;
Sou th 00'06'12" West, 0 distance 332.65 feet to the Pain l of
Beginning.
Said easemen t being 1.59 acres, along with and subject to on y
ex is t in g eo sern en ts.
EXHIBIT A
PUBLIC PEDESTRIAN AND
VEHICLE ACCESS EASEMENT
BOZEMAN, MONTANA
;jjffi:
ALLIED
ENGJN~ERING
D~AWN By; KWO
DATE; 0/24/04
.--'--
PROJECT N' 02-026
SHEET 1 of 2
Civil Engineering
Land Surveying
Geotechnical Engineering
Stmctural Engineering
)2 DISCOVERY DIUVt-; _~.
1l0ZEMAN, Mf S~I')'I!l
l'IInNE (406) ~lI:!-lJn I
FAX (4U61 582-5710
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EXHIBIT A
PUBLIC PEDESTRIAN AND VEHICLE ACCESS EASEMENT
BEING ON A PORTION OF TRACT 2A OF CERTIFICATE OF SURVEY No. 1855A
LOCATED IN THE NORTHEABT ONE-QUARTER OF BECTION 11,
TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
WEST BEALL ~TR[ET '57"E
_--------------- N 8 3 '5 2
N83'52' ~?"E ___ ,~
--- --- -~0~~0;'-20"E ~'If "- 500'06'20"W
':~ 20.95' I 24.25'
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~ ~ ~I""::"'.":""'.'I,:,'.,,,,;,,t,,"',,:,il',',,:I,:,.",r- ACCE,:S~g:SEMEN T
p :2 TiI/i: f;11 IVISION
o N ~ Ntliiil!~ll' 3: SUB~o. 72
8 ~ N44'56'51"E ",'~~,m,I',~,I,P~ 12
Vl 40.53' ,i'io N--
545.03'17"E P I")
01")
36.61' ~
589'12' 40"E
215.68'
30' WIDE PUBLIC
ACCESS EASEMENT
pARK
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rpAC1 1 yjA
S NO.
CO. .
CK 1
BL-~or 1
N89'12' 40"W
330.10'
-I ,1< 'SA
rpAC 185
NO,
OS,
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POINT OF
BEGINNING
o 100
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200 300
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EXHIBIT A
PUBLIC PEDESTRIAN AND
VEHICLE ACCESS EASEMENT
BOZEMAN, MONTANA
32 DISCOV8Iq' I>ltlVf".
BOlF.MAN, MT SII7J!;
PIIONE(40t'l)jN2-UHI
f'AX(406):lll:.l-5770
l1RAWN 8y: KWO
PA TE '/2~{~__.
PROJECT N' 02-026
SHEET 2 of2
Civil Engineering
Land Surveying
Gl,;,':utcchnical Engineering
Structural Engineering
ALLIED
ENGINEERING
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