HomeMy WebLinkAbout05- Golden Egg, LLC; Lot 2, Tr 3, Gardner-Simmental Plaza Sub - Public Street Easement
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PUBLIC STREET EASEMENT -" -- \."1"\\':">- I
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Golden Eaa LLC, 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 Gallatin County, Montana, to be located on the following described real property: Lot 2 of
P.M.M.. City of Bozeman. Gallatin County. Montana.
The easement is more particular1y desCribed on the attached Exhibit(s) --PL- which by this
reference is made a part hereof.
The GRANTOR states that he possesses the real property described above and that he 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.
All work to be perfonned under the Public Street Easement at the GRANTEE's direction shall be
completed in a careful workmanlike manner free of all liens. Upon completion of any work pennitted at
the GRANTEE's direction, GRANTEE shall remove all debris and restore the surface as nearly as
possible to the condition in which it exists as of the date of construction and shall replace all property
corner monuments, survey references, or hubs which were disturbed or destroyed during construction or
anytime thereafter.
The GRANTEE does hereby indemnify and promise to protect, defend, and hold GRANTOR
hannless from and against any and all liability, loss, damage, expense, actions, and costs. including costs
and reasonable attorney's fees incurred by GRANTOR in defense thereof, asserted or arising on account
of or out of any acts or omissions of GRANTEE, GRANTEE's servants, agents, tenants, visitors. guests,
invitees, or contractors in exercise of GRANTEE's rights granted hereunder.
The tenns, 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.
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DATED this (L day of ,2005.
GOLDEN EGG LLC
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STATE OF WASHINGTON ) Snelley Vance-GallaUn Cc MT MIse 18,00 .
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County of King )
On this / jV- day of /YJ 4- tp , 2005, before me the undersigned, a Notary Public
for the Stal~ Washington, penlOIl8Ily a pOared 9 c A '" 9' ,,,,"'>I r<- koown to me to
be the ~ ~ ~1rJ of Golden Egg LLC and the person whose name is subsCribed to the
within instrument andQacknowledged to me that he executed the within instrument for and on behalf of
Golden Egg LLC.
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.",.~SS ~EREOF, I have hereunto set ""I hand and affixed ""I Notarial Seallhe day and
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Notary"'Ptlblic'tOr the State of Washington
L. IS '"1 J4 . h->" ,-1'2..-4-171
(Printed Name)
Residing ~t ./Ltks '':P Co <-'~.. ~
My Commission expires f.,- ,'5 - ~ 1.005
ACCEPTED ('k A.~
, CITY OF BOZEMAN
By its City Manager
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STATE OF MONTANA )
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County of Gallatin )
On this h~ day of rh J.;v\.t-- , 2005, before me, a Notary Public for the State
of Montana, personally appeared CHRIS KUKULSKI and ROBIN L. 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.
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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My Commission Expires 1 7.5" 120~
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.. EXHIBIT A
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. . . PUBLIC STREET EASEMENT
ACROSS LOT 2, TRACT 3 OF GARDNER-SIMMENTAL PLAZA SUBDIVISION
LOCATED IN THE SE 1/4, SEC. 35, T1S, R5E, P.M.M,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
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DESCRIPTION:
A public street easement in, through and across Lot 2, Tract 3 of
Gardner-Simmental Plaza Subdivision, said easement being located in the
Southeast Quarter of Section 35, Township 1 South, Range 5 East,
Principal Meridian Montano, City of Bozeman, Gallatin County Montano,
and said easement being described os follows:
Beginning at a point, said point being at the intersection of the n 0 rt h ~
line of said Lot 2 and the east right-of-way Ii ne of North 19th Avenue
[Montana State Highway Project No. RS 235-1 (2)7J; thence No rt h
89.44'41" East along the south line of Deadman's Gulch, a distance of
1 00,00 feet; thence South 73"5'38" West, 0 distance of 104.69 feet to
the east right-of-way line of North 19th Avenue, thence North 0.19'23"
East along said line 0 distance of 30.00 feet to the point of beginning.
The area of the described easement is 1500 square feet (0.034 acres.)
0 15' 30' 45'
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BEARING BASIS: MONTANA STATE HIGHWAY PROJECT SID 1299 (003) SCALE
N. 19TH AVE. TD&~ THOMAS, DEAN & HOSKINS, INe.
BOZEMAN, MONTANA ' ENGINEERING CONSULTANTS
8 GR~T F'ALLS~BOZEMAN~KALlSF1E::.LL~HELENA MONTANA
SPOKANE: WASHINGTON
LEWISTON IDAHO
PUBLIC STREET EASEMENT DRAWN BY: I<Jo DATE: 12115104
(PARCEL 9) DE51GNEO BY~ JOB NO. Bll3..QD;? SHEET 1
CUALJTY CHECK: CAD NOa03...o02 1118!!1e9 .OWG