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HomeMy WebLinkAbout05- The Village Investment Group Inc.; Lot 5, Village Boulevard Minor Sub No 344 - Linear Park, Public Access, & Utility Easement ~I ~ , , IIIII~ D~IIII~ I~IIIIIIIIIIIIIIIIIIIIIIIII~ IIIIIDI ~:t~~2:~: ' ~ ~ SMelley Vanoe-GaIlat1n Co Mf MISC 24.00 . ~""IJ. . LINEAR PARK, PUBLIC ACCESS AND UTILITY EASEMENT V THE VILLAGE INVESTMENT GROUP, INC., with a mailing address of 101 East Main Street, Bozeman, Montana 59715, the GRANTORS, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main Street, Bozeman, Montana 59771- 0640, GRANTEE, its successors and assigns, a perpetual easement for parkland, public access and utility purposes, over, under and across a parcel of land being irregular in shape, situated in Gallatin County, Montana, and located on the following described real property: Lot 5, VILLAGE BOULEV ARD MINOR SUBDIVISION NO. 344, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana. Said easement is that part of said Lot 5 described as follows: Beginning at the southeast comer of said Lot 5; thence westerly 259007'58", assumed azimuth from north, 240.59 feet along the south line of said Lot 5; thence westerly 261036'13" azimuth 112.08 feet along said south line; thence northwesterly 323014'59",28.41 feet along the west line of said Lot 5; thence easterly 081036'13" azimuth 34.09 feet; thence northerly 323014'59" azimuth 25.37 feet; thence northeasterly 067051'06" azimuth 284.27 feet; thence northerly 323014'59" azimuth 142.89 feet; thence northeasterly 054010'44" azimuth 10.00 feet; thence southeasterly 143014'59" azimuth 266.90 feet along the east line of said Lot 5, to the point of beginning. Containing 27,693 sq ft, 0.6357 acre. The easement is more particularly shown on the attached Exhibit A, which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns, and its and their agents and employees, and for the general public, to enter at all times upon the above described easement by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR, to enable public access onto and through the described property being shown on the attached Exhibit A. THE GRANTOR AGREES THAT: (1) The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the property, or any part of it, and that it will forever defend the title to this property against the claims of all persons. (2) 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 shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties ~ , . ,. <, III~~ I~II ~~I ~III~ III ~IIII ~IIIII~ I~I ~IIIIII ~:t~~~~: hereto. Shelley Vanoe.GalIatin Co MT MISC 24.mm DA TED this~day of , f.tcv,c ( ,2005. GRANTORS: THE VILLAGE INVESTMENT GROUP, INC. by: ~~D its: j) /'&:J tile Y7f I STATE OF MONTANA } }ss. County of Gallatin } On this ~ day of cvz; L , 2005, before me, a Notary Public in and for the State <,?fMontana, personally appeared r (J,J , known to me to be the f2.1 hdteal- of The Village Investment Group, Inc., a Mo ana Corporation, and the petson whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same for and on behalf of said corporation, IN WITNESS WHEREOF, I have hereunto set my hand and affixed me Notorial seal the day and year first abov written, " ~,\\\\""I"',,11. t/U~ ~~~\\ J CARol:/'~ NOTARY PUBLl OR THE STATE OF MONTANA '* ........ ~ ~ ~ .... ....~ ~~ Printed Name: .Ka /1 i-L ::J- a,2> Ic'/le f .... NOTARIAL"" '% =:~~~ Residing at f;>t'f-t? /v!tt ,? 1fT - . . - - . . - : ~ : :- My Commission expires / ~/I i?' / :;<X)/Y SEAL ~ .. SEAL .. ~ ~tP;. .- ~ ( ~ 4 .... ...~~ #" ~ l'~ .......~~~ ~"1. OF MO \\'t~ '~''''IIII1!\\\\\'' :'. ,". , .,i'...' Cl~k ~Cily Co~~ C'> -:". .' . . .~,: ~' . " - , r':: -.\,.f ,~ .(., (" ;",' ",' "),.,' (,. ..... .l," " l,.)" \' ~... . .- \. 1"1 "J, . ' ~., \. ..', ..' ~~ STATE OF MONTANA } }ss. Gallatin County } , a . . . 111111111111111111111111111111111 111111111 11111 11111111 ~~t~~~:~~p Shelley Vanoe-CalIatln Co MT MISC 24.00 On this 2-1 51- day of rn (J..kT ",,-, ,2005, before me the undersigned, 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 City Commission, and known to me to be 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 THEREOF, I have hereunto set my hand and affixed my official seal on the day and year first written above, Y-mPA/Le" -a:eM~ at,R" "\~"" .,......\ NOTARY PUBLI OR THE S ATE OF MONTANA .., \. ..- ... ''j .,... .' ~ ''\. " Printed Name: Gte hi v " '~, ~....' ,~It...) \~\ Residing at 0 ..;.:>" ~~' I*' '" .,: "Q;." :lee My Commission expires SEAL: ~; I-~) : 0.. ...., ",0 : ~.: , . -- " .. : /;. - C, .... ~ ". ~' , ... ! .. , '," . .." .(,.~ . I .' S"\ "". r g:\c&h\02026.12\office\parkease - ~ . . p . ~ \ 6"0 X" LOT 4 LOT 5 '<9 / 148,445 SQ FT 510,757 SQ FT 3.4078 ACRES ~ 11.7254 ACRES t,,), / '57, I.J ,'" \9'.Jo b< ' , b< ,,\0 ~b< ..... ~~""'" 00 ... ...... \). '~':-"""'- '\ ............ ........... .>0'< '\ -%\ LEGAL DESCRIPTION OF LINEAR PARK AND PUBLIC ACCESS AND UTILITY EASEMENTV~y'57 An easement for linear pork and public access and utility purposes, over, under and -o\~ across 0 portion of Lot 5. VILLAGE BOULEVARD MINOR SUBDIVISION NO. 344. according to ~\'c9, the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin <:: \\9 County, Montana_ Said easement is described os follows: 0\ t,,) Beginning at the southeast corner of said Lot 5; thence westerly 259' 07' 58", assumed --Z ~;? -2 azimuth from north. 240.59 feet along the south line of said Lat 5; thence westerly 261' L'C1 ~~' 6"6" 36' 130 azimuth 112.08 feet along said south line; thence northwesterly 323" 14' 59", (i <''57 . >.9 assumed azimuth fram north. 28.41 feet along the west line of said Lot 5; thence ~ \~ 0 " easterly 081' 36' 13" azimuth 34.09 feet; thence northerly 323' 14' 59" azimuth 25.37 \\9 t,,), \ feet; thence northeasterly 067" 51' 06" azimuth 284.27 feet; thence northerly 323" 14' ~u; \ /'57 /'57' 59" azimuth 142.89 feet; thence northeasterly 054- 10' 44" azimuth 10.00 feet; thence <<::; \ i.), ~"- southeasterly 143" 14' 59" azimuth 266.90 feet along the east line of said Lot 5. to the ~ \ / \9"l>o~t of beginning. Area = 27,693 sq ft, 0.6357 acre -1-- \ '57, ? " Y' :; ..> ~" ---....-------- I '\\ \ ~\ ...."" -- ; ;'\-;0 --' SS S\.-~S............ _----------- " --' \ \\ ~ r;.;C,;S "" \.-lS.... /- --- " ?\<cj J. r;.; ~ /D\\\;........"" S // " ----l\, 10 RJ0 0, c\.-SS ...."'" V~ / ---------1 01 <6 ;. <(\S ~<v..;;;;. t>-.C ....,.... \' 06 *' / / (jJ I 10" ~\)S0'S<;; ,?DIQ~\.S1""D10 S~S// <.0 / ~ '" t>-.~'V ...."" l\ '2. if / ~ ,,(::~~'!~ ? ~~_/ ~'O . ~'<-'S'~~'> ~:\-tM~~t\~t\l~s\-V(}\\ 00- t,,), '...."" ~J: / C ~CC - - ~, <:9 / V-----_ ~ / / ?\..\'O\..\ I?' CO~ '57 '57 ----.. , -~ 3': \ //' .~~, -- 1\-0.59 " '''''''~tO'\ 'J /' 0 \9... ~<---------d~~. 2. '07'55 '\.- --t --34.09 'S' ' 2.5~o7'55'~1 , """ _-------<:9 08\'36'\ \.579 , l?"/ '\ \ 2.08 :)' ~...---...........--- 261'36'\ ----S~~~-In Feet TRACT 0 60 0 60 W (no I ~ I If)lf)~ COS NO. 68 I 0-0 Part of ,,~n 18 0 18 ' ~ LOT 1 ~ 0>' Scale In Meters ~f'-..O ~o (IJ '--' I I Ie.. I I I ~~~-------- -I-- I 111111111111111111111111111111111 1111111111111111111111 ~~t~~~:~~p I I Engineering and Surveying Inc. I S~eIley Vanoe-G.II.tIn Co ~T ~ISC I 205 EdelwBills DriII8. Bozeman, Montana 59718 24.00 I Phone [406J 587-1115 · Fex (406) 587-9768 I www.chengineeni.com · info@chengineera.cllm Sheet 1 of 1 #02026.12(E)