HomeMy WebLinkAbout04- MacDonald, David and Cheryl; Tract 2A, COS 1855A - Public Pedestrian and Vehicle Access Easement (2)
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PUBLIC PEDESTRIAN ACCESS EASEMENT
David and Cheryl MacDonald ,GRANTOR(S), in consideration of one dollar ($ 1.00) and for
other and valuablc consideration, rcceipt 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 a pedestrian path for the
use of the public in, through and across a strip ofland 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, GALLA TIN COUNTY, MONT ANA
The easement is more particularly described on the attached Exhibit A which by this
reference are made a part hereof.
The GRANTOR(S) agrees:
(1) To construct and maintain the pedestrian path at their own expcnse 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 of the pedestrian path 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 convey 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 intemlPtion 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 ~ 3 day of
Q fln1
,
, 2004.
David MacDonald
GRANTOR
ke-J
By /
Public Acce5s Easement.- Pedestrian Path
Lessley Estates
Page I of2
STATE OF MONTANA )
) 55.
County of Gallatin )
On this (Q) day of firr-. I , 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 executed the within instrument for and on behalf of David & Cheryl
MacDonald, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and. ~ttl'fi \ffiC;jhapove written.
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ACCEPTED:
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CITY OF BOZE. ,
by its Act; ng Ci ty Manager
ST A 1'E OF MONT ANA )
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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. SULLlV AN,
known to me to be the Act; nq Ci tv Manaqerand 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 behalfofthe 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 eState 0 ontana
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Printed Name
Residing at e 0 -lL~NL
My Commission Expires: 5/1/5 1-'Z--001
Public Access Easement - Pedestrian Path
Lessley Estates
Page 2 of2
EXHIBIT A
PUBLIC PEDESTRIAN ACCESS EASEMENT
LEGAL DESCRIPT10N
A public occess eosernent 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 Montano, City of Bozeman, Gallatin County,
Montana, and being more particularly described as follows:
Beginning at a point being the North 00"06'57" EAST, a distance of
37627 feet from the Southeast Corner of said Tract 2A, said point
being on the East line of said Tract 2A;
thence North 89'43'42" West, a distance of
thence Sou th 40'35'36" West. a distance of
thence North 89'43'42" West, a distance of
thence North 62'50'14" West, a distance of
thence North 89"4S 42" West, a distance of
line of said Troct 2A;
thence North 00"03'02" West, along said West line a distance of
25,00 feet;
thence South 89"43'42" East, a distance of 119.37 feet;
thence North 5.3"19'43" East, 0 distance of 43.37 feet;
thence Sou th 89'4,3'42" East. a distance of 18.21 feet;
thence South 44'05'00" East, a distance of 36.46 feet;
thence South 89'43'42" East, a distance of 133,37 feel to a point
on the Eosl line of said Tract 2A;
lhence South 00"12'35" West, along said East line a distance of
25,00 feel lo the Poinl of Beginning,
Said eosement being 0.24 acres, along wilh and subject to any
existing easements.
136.62 feel;
26 88 feet;
18 25 feet;
45.30 feet
118,32 feel
to the West
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EXHIBIT A
PUBLIC PEDESTRIAN ACCESS EASEMENT
BOZEMAN, MONTANA
illi:
ALLIED
ENGINEERING
32 nlSCOVl:::lH DIU\'b
BOZEMAN, MT :'i911i!
PI10Ntl (~()(,) ~~2_ii121
FAX (40(1) SIl2-S770
SHEET 1 of 2
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DRAWN BY: KWO
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"ROJECT N' 02~.~,,:~'.
TRACT 2A [A~I;;IJENl.dw9
Civil Engineering
I.and Surveying
Geotechnical Engineering
Structural Engincerirlg
SHEET 2 of 2
EXHIBIT A
P1JBLlC PEDESTRIAN ACCESS EASEMENT
BEING ON A PORTION OF TRACT 2A OF CERTIFICATE OF SURVEY No. 18SSA
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 11,
TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
-1' 2A .~A
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1 NO
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589"43' 42"[
18.21'
N53'19' 43"[
43.37'
-r< PAR:ANOR
r<IR Rr<
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vIE- AD
NOO'03'02"w
25.00'
POINT OF
BEGINNING
544'05'00"[
36.46'
500'12'35"W
25.00'
pARr<
N89'43'42"W
118.32'
N62'50'15"W
45.30'
N89"43' 42"W
18.25'
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NO.
540'35' 36"W
26.88'
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EXHIBIT A
PUBLIC PEDESTRIAN ACCESS EASEMENT
BOZEMAN, MONTANA
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ALLIED
ENGINEERING
32 D1SCOVi:IW 1)1~IVt-;
BoZEMAN, MT 597lk
PII()NP.(~\J61:;1I2jml
rAX(<106) S!!2.S770
DRAWN BY: KWO
DATE, -5"/24/0:.;----
-PR'C;'J(crN:02- O~6
TRACT 2A [ASDJ[NT.c;lwQ
Civil Engineering
Land Surveying
Geotechnical Engineering
Structural Engineering
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