HomeMy WebLinkAbout04- Macdonald, David & Cheryl; Tr 2A, COS 1855A - Public Pedestrian Access Easement
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Shelley Vance-Gallatin Cc MT ~ISC 30.00
PUBLIC PEDESTRIAN 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 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, 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 pedestrian path 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 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 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.
DATED thisfl..,J-, day of ~,2004.
David MacDonald
~
Cheryl MacDonald
GRANTOR
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Public Access Easement - Pedestrian Path
Lessley Estates
Page I of3
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STATE OF MONTANA
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Shelley Vance-Gallatin Co MT MISC 30.00 .
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) ss.
County of Gallatin )
On this d~ay of " 1. ~ L , 2004, before me the undersigned, a Notary Public for the
State of Montana, personally~ 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 year first above written.
(SEAL)
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Printed Name
Residing.! ~ /
My Commi&'sion ires . ~f d{X)L.f-
STATE OF MONTANA )
) ss.
County of Gallatin )
On this~day of\.. I{ 1--...f , 2004, before me the undersigned, a Notary Public for the
State of Montana, personall~ 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.
(SEAL) \\\I\\IiII!IIiII"!!!I!
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Printed Name
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Public Access Easement - Pedestrian Path
Lessley Estates
Page 20f3
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Sheiiey Vance-Gallatin C ~T 11/08/2004 11:29R
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CITY OF BOZEMAN
byrls City Manager
ACCEPTED:
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STATE OF MONTANA)
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County of Gallatin )
On this ~ day of
State of Montana, pers ally a
known to me to be the
Bozeman and the persons hose 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.
Residing at
My Commission,
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Public Access Easement - Pedestrian Path
Lessley Estates
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SHEET I of 2
Shelley Vance-Gailatin Cc MT MISC 30,00
EXHIBIT A
PUBLIC PEDESTRIAN 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 Montana. 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
376.27 feet from the Southeast Corner of said Tract 2A. said point
being on the East tine of said Tract 2A;
thence North 89043'42" West. a distance
thence Sou th 40035'36" West. a distance
thence North 89'43'42" West. a distance
thence North 62050'14" West. a distance
thence North 89'43'42" West. a distance
line of said Tract 2A;
thence North 00'03'02" West. along said West line a distance of
25.00 feet;
thence South 89043'42" East. a distance of 119.37 feet;
thence North 53'19'43" East, a distance of 43.37 feet;
thence South 89'43'42" East. a distance of 18.21 feet;
thence South 44'05'00" East. a distance of 36.46 feet;
thence South 89043'42" East. a distance of 133.37 feet to a point
on the East line of said Tract 2A;
thence South 00'12'35" West, along said East line a distance of
25.00 feet to the Point of Beginning.
Said easement being 024 acres. along with and subject to any
existing easements.
of 136 62 feet;
of 26.88 feet;
of 18,25 feet;
of 45.30 feet
of 118.32 feet
to the West
EXHIBIT A
PUBLIC PEDESTRIAN ACCESS EASEMENT
BOZEMAN, MONTANA
~
ALLIED
~NGINEERlNG
32I1ISC:OVEkY UKIVt-:
BOZEMAN, MT 597111
PI lONE (4UM S~!-0221
FAX (406) 5112-5110
DRAWN BY; KWO
OAK 3/24/04
PROJECT N' 02-026
TRACT 2A [ASEt.A[NT,dwg
Civil Engineering
Land Surveying
Geotechnical Engineering
Structural Engineering
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Shelley Vance-Gallatin Cc MT MISC 30.00
EXHIBIT A
PUBLIC 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
"2A 5A
IPACl 185
NO,
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C,O.-'
589'4.3' 42"E
18.21'
N5.3'19' 4.3"E
4.3..3 7'
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'--51 P DillON
Wr- AD
NOO'0.3'02"W
25.00'
POINT OF
BEGINNING
500'12'.35"W
25.00'
pARi<
N89'4.3' 42"W
118..32'
N62'50'15"W
45..30'
N89'4.3' 42"W
18.25'
LOI 2p
tv1IN~ISION
SUBD1 12
NO.
N89'4.3'42"W
\ 1.36.62'
540'.35' .36"W
26.88'
f 2A 5A
pAC 185
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EXHIBIT A
PUBLIC PEDESTRIAN ACCESS EASEMENT
BOZEMAN, MONTANA
#/j;;,
ALLIED
ENGINEERING
.n mSCOVI~RY [)i!.IVE
BOZEMAN. MT 597111
PHONf,(-UIIi)!iIQ-U221
FAX (40(,) SII;!-57111
Civil Engineering
Land Surveying
Geotechnical Engineering
Structural Engineering
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SHEET 2 of 2
DRAWN By: KWO
DATE, 3/24/04
PROJECT H' 02-026
TRACT 2A E:ASE:..,H:Nt.dwg