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Home My WebLink About02- Home Depot.; Lot 2, COS 2089 - Street and Utility Easement I "ATTE~' IUIII1IIIMI~I~~1 ~~f~,~, Shelley Vanoe-Gallatln Co MT MISC 30.00 PROPOSED TSCHACHE LANE STREETIUTILITY EASEMENT HOME DEPOT U.S.A., INC., Owner, a Delaware corporation, GRANTOR, in consideration of$1.00 and for other and 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, GRANTEE, its successors and assigns, a perpetual street and utility easement for the use of the public in, through, and across a strip of land situated in GaJJatin County, Montana, and more particularly described on the attached Exhibit A which by this reference is made a part hereof. The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this~) day of c:fkJ.J11 GRANTOR: ,2002. HOME DEPOT U.S.A., INC., a Delaware corporation aniel R. Hatch Senior Corporate Counsel DN 1 &8165.1030560010405/15/02 1O:46am ST ATE OF CALIFORNIA ) )ss. ) IIH~IIIIII 1I111111111111111 II1I11111I1I111II11I1I 111I ~~~~~6:~,: COUNTY OF ORANGE Sn.ll.y Vano.-Gallatin Co ~T ~lSC 30.00 On ~.I~cO.S- ' 2002, before me, 1-i""&A- 121 ~ft1;...J.A , a Notary Pub'hc in a a for the said state, personally appeared Daniel R~ Hatch, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. ~;nk;. Notar Pubhc WITNESS my hand and official seal. (SEAL) Jf)"' ...... 'L1SA'M. SMITH . .~ - Comm. # 1290415 UJ ~.... : NOTARY PUBLIC - CALIFORNIA Ul I. . Oranga County - Mv Comm. Expiras Jan. 12.2005 ... [The remainder of this page is intentionally blank. Acceptance page follows.] DN 188165.1 030560010405/15/02 JO:46am ACCEPTED: 111111111111111111111111111111111111111111111111111111I ~~~~~r:~,: Shelley Vanoe-GallaUn Co MT MISC 30.00 __ CITY OF BOZEMAN .. B~. Its \ l City Manager ATTEST: (2~ 0/ ~ Clerk of the City Commission STATE OF MONTANA) ) ss. County of Gallatin ) On this ,,')~ day of ,:)(.p+e.--pe,.r ,2 CO~ before me, a Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk ofthe 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 ofthe City of Bozeman. IN WITNESS WHEREOF, J have hereunto set my hand and affixed my seal on the day and year first above written. ",. :.~ ~:^',~. ~?t.JSEAL) .... ,,' 0 ')0..... ..(/ , \.... .... '</' . .,;;.. / -& "': '.;.., . '0 . .... ~L\.. ""'-- :::. ~ -V"';".' . ~..~.; 1'\ ~. ~~...;-.... ~L'.' C " - Ii; ........ ~.." "') . .j' ... 4'0'. '", .' 4'.t~ilJA ~~ /, -_..t~< Notary Public for the State of Montana ~M. ~o?~~ (Printed Name) Residing at Bozeman, Montana My Commission Expires ~"'/4, 20"':" DN 188165.103056 00!O4 05/15/02 !0:46am '" EXHIBIT A PROPOSED TSCHACHE LANE STREETIUTILITY EASEMENT A Street and Utility Easement over, under and across that portion of Lot 2 ofC.O.S. 2089, in the N.E. V4 of Section 2, T.2S., R.5E., P.M.M., Gallatin County, Montana, lying within the following described line: Commencing at the N.E. comer of said Section 2; thence S.89044'4S"W., along the North line of said N.E. Y4 of Section 2, 901.96 feet to a point on a non-tangent curve to the left and the Westerly right of way line of North 19th Avenue, the radius of which bears N.74008'37"E., a distance of 1969.86 feet; thence along said Westerly right of way and curve to the left, through a central angle of 16035'32", an arc distance of 570.45 feet, to the beginning of a spiral curve to the left; thence along said spiral curve to the left, having a spiral chord bearing of S.33044'51 "E., and a spiral chord length of 152.19 feet; thence S.34039'43"E., a distance of 195.89 feet to the beginning of a spiral curve to the right; thence along said spiral curve to the right, having a spiral chord bearing of S.33046'13"E., and a spiral chord length of 147.24 feet to the beginning of a curve to the right the radius of which bears S.58000'47"W., a distance of 1577.02 feet; thence along said curve to the right, through a central angle of 13056'12'" an arc distance of 383.59 feet to the POINT OF BEGINNING and the North right of way line of future Tschache Lane and the beginning of a curve to the right the radius of which bears N.59016'32"W., a distance of 88.00 feet; thence along said curve to the right, through a central angle of 46006'23", an arc distance of 70.82 feet; thence S.76049'51 "W., along said North right of way line, a distance of 142.78 feet to the beghming of a curve to the right the radius of which bears N.13010'09"W., a distance of 220.00 feet; thence along said curve to the right, through a central angle of 14049'17", an arc distance of 56.91 feet; thence N.88020'52"W., a distance of 547.91 feet to the beginning of a curve to the right the radius of which bears N.OI039'08"E., a distance 220.00 feet; thence along said curve to the right, through a central angle of 14047'42", an arc distance of 56.81 feet; thence N.73033'10"W., a distance of 31.05 feet to the West line of said Lot 2; thence S.0I039'08"W., along said West line, a distance of 5.17 feet to an angle point in the North and West line of Said Lot 2; thence S.16026'50"W., 55.00 feet to the Southerly right of way line of future Tschache Lane; thence S.73033'10"E., along said Southerly right of way line, a distance of29.73 feet to the beginning of a curve to the left the radius of which bears N.16026'50"E., a distance of 280.00 feet; thence along said curve to the left, through a central angle of 14047'42", an arc distance of 72.30 feet; thence S.88020'52"E., a distance of 547,91 feet to the beginning of a curve to the left the radius of which bears N.OI039'08"E., a distance of280.00 feet; thence along said curve to the left, through a central angle of 14049'17", an arc distance of 72.43 feet; thence N.76049'51"E., a distance of 187.60 feet to the beginning of a curve ~o the right the radius of which bears S.130IO'09"E., a distance of 33.00 feet; thence along said curve to the right, through a central angle of 46022 '20", an arc distance of 26.71 feet to the Westerly right of way line of North 19th Avenue and the beginning of a curve to the left the radius of which bears S.75029'15"W., a distance of 1577.02 feet; thence along said curve to the left, through a central angle of 03032'16", an arc distance of 97.3 8 feet to the Point of Beginning. 1111111111111111111111111111111111111111111111111111111 ~~~~~r:~: ~A Snelley Vanoe-Gallatln Co ~T ~ISC 30.00 ,;,. 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