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HomeMy WebLinkAbout01- SD 7 & Milligan Richard & Bonnie.; S1/2 of Sec 26 N. 27th Ave - Public Street & Utility Easement (#2) ~ ~ .. . . '" -,' . 111111111111111111111111111111111111111 1111111111111111 ~~~~~r:~: ~p -~ Shelley Vanoe-Gallatin Co MT MISe 3e.ee PUBLIC STREET AND UTILITY EASEMENT SCHOOL DISTRICT NO.7, a political subdivision of the State of Montana, with an address of 404 West Main Street, City of Bozeman, County of Gallatin, State of Montana, and RICHARD and BONNIE MILLIGAN, with an address of 2195 Weaver Road, Belgrade, Montana 59714, hereinafter referred to as GRANTORS, in consideration of $1.00 and for other and valuable consideration, 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 Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property: The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. The location of said easement is as set forth in Exhibit B attached hereto and incorporated herein by reference. The GRANTORS state that they possess the real property described above and that they have a lawful right to grant an easement thereon. The GRANTORS further agree that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. 1 . . .. ." - IIIIIIII~IIII~ Ilmllllll~lllllllll~ 111111111111 ~;~~5:~, ~ Shelley Vanoe-Gallatin Co MT MISC 3G.00 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 /'II.) V~ , 2001. SCHOOL DISTRICT NO. 7 By $ U' Steve Johnson Assistant Superintendent flY, ~ ~ M"AAird .", //, ~_ / f/U..U,L CHARD MILL . BONN~ MI LIGAN / STATE OF MONTANA) ss. County of Gallatin) On this ~ day of ()(IJob.ef , 2001, before me personally appeared Steve Johnson, whose identity is personally known to me (or proved to me on the basis of satisfactory evidence) and who by me duly sworn (or affirmed), did say that is the Assistant Superintendent of SCHOOL DISTRICT NO.7, and that said document was signed by him in behalf of said entity, an9'd.i%I=r.l;-nowledged to me that said enti ty executed the same. v'. '1'. . ~ fII\ /I'M, , ...,.-:It.r-,. 'c .",.. '. <;;/(,," . ' ;I ..._.' "'.'1 . 4. .~.. :' ~""/':,:CJ].'iO . .:'1 \ , '"'I ,o:. \'"l:j :...A ",0' . ~~: "':,' ~ ~.. ':' ~ :'" "j "'-I" .:..J ;;(. ',,,.. \ 16' ," ;" C -:r r'.......-. ~'-:"''''' \"f..~ /" ,"\" , ' . ...,~ ,IP,,~ \.... ~. ,,' -1... . 1,< . .. .' . , ~ '\" . ''',of .. , he ~,(().~ Noary Public for th State of Montana Residing at /...;VINb-S-roN , Montana My Commission Expires: C2.f'rt'/13 CJoO{.. " STAtE OF MONTANA) ss. County of Gallatin) On this -, day of ;4lJ v~~ 2001, before me personally appeared RICHARD and BONNIE MILLIGAN, whose identity 2 , '. ; 11111111 ~II WI II IIDII III 1111 ~IIII ~~;~~r ~,~p /' (" ,.. Shelley Vanoe-Gallatin Co MT MISC 30.00 was proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same. ,,'" I \ It,; J Ilt:IJ11/ ,', J. tIt '" , '<,'-' .....,.. 1..;-'1',,, ,',:-.~~t ....4 . L4I".... ....-;, , .... ,'{. 1\ ".. #' ~':J .: , ~'r~\\\r. \ ~ ~.~ : -\. ~ ~"< ~,:; -: ...... ~ : ~ . . ~ :.' , !::rl ... cg ,." ,1 2 *tt'i11 ~.1jI."",~ ....:::..... i'\ 'liI..4.."i t,~"...... ."1"/:,... of ,. .,., \ -.; ~\ d~ ,\\".. .~ Not~ Public for the State of Montana Residing at r-S '-'1: 15~- , Montana My Commission Expires: I-I v- <- I) 0 '- -.'. ACCEPTED: CITY OF BOZEMAN 2rr='-'\ \ Clark V. Johnson City Manager STATE eYE" MONTANA) :ss. County of Gallatin) ~ ~ d c'J~ On this 7 , ~Q01, before me, a Notary Public for the personally appeared CLARK V. JOHNSON and ROBIN SULLIVAN, known to me to be the City Manager and Clerk of the Commission, respectively, of 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. (SEAL) ereunto set my hand and affixed above written. IN WITNESS WHEREOF, my Notarial Seal the day Montana , Montana ~' '.. . . t " · EXHIBIT A Easement No.2: A public access and utility eaSement across a portion of land located in the South 12 of Section 26, Township I South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, as shown on Exhibit B, and being more particularly described as follows: Commencing at a point on the north-south mid-section line of said Section 26, said point being the intersection of said mid-section line and the extended north line of Lot 4A, Minor Subdivision No. 221A, as filed with the Gallatin County Clerk and Recorder, said point also being the True Point of Beginning; A strip ofland 30.00 feet wide lying south ofthe following described line: Thence along the said extended line, South 89044'46" West a distance of 60.01 feet, more or less, to the northeast comer of said lot; Thence along the north line of said lot, South 89044'46" West a distance of 405.07 feet, more or less, to the west sideline of an existing 65 foot wide public access and utility easement shown as North 2ih Ave. on Minor Subdivision No. 221A, as filed with the Gallatin County Clerk and Recorder, and the end of the easement being described. The length of the south sideline of said easement being adjusted, as required, so as to begin on said north-south mid-section line and end on the existing west sideline of the aforementioned 65 foot wide public access and utility easement. Said easement contains 0.32 acres, more or less. H:\2605\O 17\docs\jcr-revisedEXHlBIT-A-EASE.doc 1 II~IIIIII'IIII ~II~ ~~ II~" 11'"1111"11'1'111111 ~;~&5:~, ~p Shelley Vanoe-Gallatin Co MT MISC 30.0m , ...... .~'...."'" .. 0.. N :; .... ... .^",9 .,,_ N lOog 10'" ~ Qi~ N:; -9 -~ -= =U -co E iiiiiiiiii t- _E 8 =1: .... -- -~ iiiiiiiiii .. ell _I -. l!! ==,- -> >- -. =.... iiiiiiiiii .. ~ _on EXHIBIT B ACCESS & UTILITY EASEMENTS LOCATED IN A PORTION OF THE SOUTH 1/2 OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA EXISTING 60' PUBLIC ACCESS I II & UTILITY EASEMENT ---1 I- LOT 1 PER DOCUMENT NO. 200889~ MINOR SUB.~ I I #221 I 30' -J ~ S89.44'46"W I I 405,07' , I I U LOT 2 MINOR SUB. #221 LOT 3 MINOR SUB. #221 EXISTING 55' PUBLIC ACCESS & UTILITY EASEMENT SHOWN AS "NORTH 27th AVE" PER MINOR SUB. #221A o ~ NORTH 100 200 400 e . SCALE: 1"== 200' 32.5' I -i ~ I I I I I , L I I I I I , I I I I I I LlI L SOUTH LINE OF SECTION 25 LEGEND . LOT CORNER PER MINOR SUB.#221A L 30' LOT4A ~ MINOR SUB. #221A rO-lMORRISON a:u MAlERLE,INc. --- ~o."'~d..I_IIoI_"1JI' ......._<._,/.".'1 PROJECT NO: ~605,O"',0"j03'0 FlELD WORK' OA!'E; 05110101 ORAWN BY, KW SCALE: '.'~O(T CHECKED BY' CLIENT, ~ FORMER 60' ROXILANE RIGHT-OF-WAY S89' 44' 46 "w 60.01 ' P.O.B. EASEMENT 2 " EXISTING 30' EASEMENT ~ NOO'47'56"E l 1001.56' I I NORTH-SOUTH MID-SECTION LINE NOO' 47'56"E 30,55' S1/4 COR SEC 25 .- ~I.U ........ ...-.. 1/4 SEC. TOwNSHI GALLATIN COUN TY PRINCIPAL l.IERlOIAN. l.IONTANA SHE:E:r .-..!...... .-..!...... Of