HomeMy WebLinkAbout04- Macdonald, David & Cheryl; Tr 2A, COS 1855A - Public Pedestrian and Vehicle Access Easement
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8heiiey Vance-Gail.tin Co MT MISC 30,00
PUBLIC 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 vehicle 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 are made a part hereof.
The GRANTOR(S) agrees:
(1) 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 of the 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 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 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.
'1 J JJA
DATED this ;:;.,*i day of
~,2004.
David MacDonald
Cheryl MacDonald
GRANTOR
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By
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By
Public Access Easement ~ Roadway & Sidewalk
Lessley Estates
Page I of3
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STATE OF MONTANA
Shelley Vance-Gallatin Cc MT MISC
30,00
)
) ss.
County of Gallatin )
On this cJ.....jMdaY o. 1.. ~ , 2004, before me the undersigned, a N olary Pnb lie for the
State of Montana, personall~ David MacDonald. known to me to be the Owner of
Lesslev 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 year first above written.
(SEAL)
.c<UL
ot r Public for the tate of Montana
4fn~~~
Printed Name ~ .J.. ,
Residing a~ ?7U
My Commission pires VeL t,dCl.J4
STATE OF MONTANA )
) ss.
County of Gallatin )
On this~ay of ~~n...n J-- ,2004, before me the undersigned, a Notary Public for the
State of Montana, personallY~ Cheryl MacDonald. known to me to be the Owner of
Lesslev 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 year first above written.
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Public Access Easement - Roadway & Sidewalk
Lessley Estates
Page 2 of3
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I ~~I/ Hili IIIIII/IIIIII~III/II/IIIII "'111111/11 I11I ~4.~~f:~~,
Shelley Vance-Gallatin Cc MT MISC 30.00
C~A,~
CITY OF BOZEMAN
by its Ci ty Manager
ACCEPTED:
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C'e .~f;~~'~i~~~01mnission
STATE OF MONTANA)
) ss.
County of Gallatin )
On this J~ day of
, 2004! before me, a Notary Public for the
l and ROBIN L. SULLIV AN,
and Clerk of the City Commission for the City of
Bozeman and the persons ose names e 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.
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My Commission x 'res: ~(:J) 'tJiD~
Public Access Easement - Roadway & Sidewalk
Lessley Estates
Page3 of 3
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Shelley Vanoe-Gallat1n Co MT MISC 30,00
EXHIBIT A
PUBLIC PEDESTRIAN AND VEHICLE
ACCESS EASEMENT
LEGAL DESCRIPTION
A 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 Montano, City of Bozeman, Gallatin County,
Montana. 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
o 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. a distance of 317.45 feet;
North 00'03'02" West. a distance of 666.86 feet to a point on the
South Right-of-Way of West Beall Street;
thence North 83'52'57" East. along said South Right-of-Way 0
distance of 30.17 feet;
thence South 00'03'02" East. a distance of 670.05 feet;
thence South 00'01'09" East, a distance of 262.38 feet;
thence South 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, a distance of 273,24 feet;
thence North 00'12'35" East. a distance of 667,74 feet;
thence North 00'06'20" East. a distance of 20,95 feet to 0 point on
the South Right-of-Way of West Beall Street;
thence North 83'52'57" East, along said South Right-of-Way a
distance of 30.18 feet to a pain t on the East line of said Tract 2A;
thence along said 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;
South 00'06'12" West, a distance 332.65 feet to the Point of
Beginning.
Said easement being 1.59 acres. along with and subject to any
existing easemen ts.
EXHIBIT A
PUBLIC PEDESTRIAN AND
VEIIICLE ACCESS EASEMENT
BOZEMAN, MONTANA
#'If;;.
ALLIED
~NGIN~~RINO
DRAWN BY: KWO
DATE, 3/24/04
i=1ROJrCT Ii: 02-026
SHEET 1 of 2
Civil Engineering
Land Surveying
Geotechnical Engineering
Structural Engineering
:12 U1S(:OV~K'1' UIUVt-;
BOZEMAN, MT ~\171~
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FAX(411615f12-~171'
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Shelley Vance-Gallatin Cc MT MISC 30,00
EXHIBIT A
PUBLIC PEDESTRIAN AND VEHICLE 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, MONTANA
- L STREET
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EXHIBIT A
PUBLIC PEDESTRIAN AND
VEI-IICLE ACCESS EASEMENT
BOZEMAN. MONTANA
]2 DISCOV~RY DR-IVI:::
BOZEMAN. MT :'i1)7UI
PHONE (406) ~82-1I221
FAX (404) SRZ-5770
Civil Engineering
Land Surveying
Geotechnical Engineering
Structural Engineering
ALLIED
ENGlNEERlNG
SHEET 2 of 2
DRAWN By: KWO
DATE: 3/24/D4
PROJECT ,: 02-026
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