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HomeMy WebLinkAbout04- MacDonald, David and Cheryl; Tract 2A, COS 1855A - Public Pedestrian and Vehicle Access Easement (2) ,. 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. .""" TN' '~ ..' ~E:,..,,~.^"\!,llf, " b...' Ii. ,..-' "11' ~ -\<l/SEAU '. ~ ':.. .:- ......'\ QTAli/.4l.',..c.t. =":~ "~cn:: _ w. _'_ ' * ... :: * :. AL:.t ~cP ". SE ',/~$ .. />-1 ' ,.'&'; l:' ; .", ,.111. ,..... ......... )-1.: '. .. , , . ,~" ..... ""11 OFMO,........ "'If" 1""\ ~_ . . l ",jLLvC~ N . Y Public for the State of MontaAa -E1-,'1 A be '\-.h ^, l==\"Lf (' Printed~ame Ij ACCEPTED: L~ CITY OF BOZE. , by its Act; ng Ci ty Manager ST A 1'E OF MONT ANA ) ) 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. 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) \UeliUl\L ~1~ Notary Public for eState 0 ontana i-Iplp~ Gi-U'tJ Vl~ 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 [J. ~ ~ ~ '" r- I , ;> 1J.J ::;; LIJ (I) <( lel (I) Ul W U U <( /' '" ;f] c X ILl /' 0' ~ 'D /' [:. ,g ~ oj c c <( U ::;; '" (D M CJ I M CJ /' M o CJ M /' .:.i 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 ...-- DRAWN BY: KWO ~.~/~ "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 'RAC 1 B~) 1 NO OS c. - 589"43' 42"[ 18.21' N53'19' 43"[ 43.37' -r< PAR:ANOR r<IR Rr< '5T pAD1T10N 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' - 2 LO'r R ~IN?/lcION DI y ,J SUB 72 NO. 540'35' 36"W 26.88' . 2A 5A n<AC1 1B5 NU' C.O,5 -------- d 1 3A TPAL> 1J NU C.O.5 r< 1 Bl,OC 1 L.o1 SE Cor IRACT 2A T 1A SA TRAC 185 5 rW' C.O. . o 50 100 ~~__m_ I EXHIBIT A PUBLIC PEDESTRIAN ACCESS EASEMENT BOZEMAN, MONTANA ~l~ 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 0' " (') .,j -<~ frO f- I r- z w ::;, "-I (/) "': 11,1 (/) (/) ", u 0 <r: ,,/" ~ .D 'c x Ld /' O. " -0 /' c- O -0 x OJ r: C <( U :'i C, (0 N 0 I '" 0 100 /' N I 0 0 N /' .,j