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HomeMy WebLinkAbout15- Boi & Kindt Partnership Trail Corridor Easement City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 2518680 Page: 1 o.ttef 3Mill. 07/27/2015 09:50:44 AM Fee: $21.00 P�pTTE I IIIIIII1111111III IIII Iilllli Iiilil Gallatin IIII1111Iiill IIIII IIIII IIIIIII III Illll IIIII IIII IIII MISC TRAIL CORRIDOR EASEMENT Boie &Kindt Partnership , GRANTOR, 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 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, a perpetual trail corridor access easement for the use of the public in, through and across a 20 feet wide strip of land situated in Gallatin County, Montana, which is located on the following described property: Lot 1, Tract 3 of Gardner Simmental Plaza Subdivision, Section 35, Township 1 South, Range 5 East The centerline of the easement is more particularly described on attached exhibit A. The GRANTOR warrants that he is lawfully seized and possessed of the real property described above, that he has and that he will forever defend the title of 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 this day of , 20 GRANTOR CORPORATE STATE OF MONTANA ) ss. County of Gallatin ) On this I( day of 20 , before me the undersigned, a Notary Public for the State of Mon .na,personally appeared, _ , known to me to be the C0 out pa v" of U t 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 ' �k, yr �,jyjd-'t" VU. ,,6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ASHLEY M KOENIG s �Y •;�,': Notary Public ( ESL it F,,q( .`'=for the State of Montana --- Residing at: 4 ,�, •c;�. �1, Q selgrade, Montana My Commission Expire': , Nota (Printed Name Residing in -�a ' V L�'`•Mf My Commission Expires ` /d 20 ACCEPTED: CITY F BO N By City Manager ATTEST: City(C1 r ®® V 03 ` o • STATE OF MONTANA ) ) ss. County of Gallatin ) d� On this day of , 201 before me, a Notary Public for the State of Montana, personally ap ed CHRIS A. KUKULSKI and STACY ULMEN, known to me to be the City Manager and ' Clerk for 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 axed my seal on the day and year first above written. '1 S A00, ---'"" HEA�THE B NVENUE BiFiy` ,� NotaN Public Q."�ZgR�q 'yam;for the State of Montana Public fo t e State of Montana _:a —— :* Residing at: * SEAS: Bozeman, Montana M Commission Expires: Y :,vim`••...oC`: 26,20 OF M January 18 (Printed Name) Residing at Bozeman, ontana My Commission Expires: _/ /20 EXHIBIT A AN EASEMENT SITUATED IN LOT 1 OF TRACT 3 OF THE GARDNER-SIMMENTAL PLAZA SUBDIVISION, PLAT J-5, LOCATED IN THE NE114 OF SECTION 35,TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN., GALLATIN COUNTY, MONTANA. OWNER INFORMATION(CURRENT AS OF PRINTED DATE): BOIE&KINDT PARTNERSHIP 1925 DEAD MANS GULCH SOZEMAN,MT 59715-6300 LEGEND: Q FOUND 5;8"REBAR WITH NO CAP W LOv?N—jt r LEGAL DESCRIPTION IJ t `� LO 37 29, A strip of land.20 feet wide.10 feet on each side of the following descnbec Q•/ co N880 17'34"W 790-97' centerline: (� Commencing at a point on the east right-of-way of North 191h Avenue at the southwest corner of Lot 1 of Tract 3 of Gardner Simmentat Plaza I Subdivision:thence N.01`3T 04'E.for82.84 feel to the Point of 'T Beginning;thence N.32'00'53"E,for 16.15 feet;thence along a curve to N N3'58'16"E the left having a radius of 200.00 feet,a central angle of 28'0T37,for an 43 47' arc length of 97.89 feet;thence N.03°58'16"E.for 43.47 feet tD a point on Cli 10'� the north bounds of Lot 1 of Tract 3 of Gardner-Simmental Plaza �r N 10' Subdivision,from which the northwest comer thereof bears r N.88'17'34"W.,37.29 feet distant. The described strip oentain s 3,151 . LLJ f( square feet•more or les& of o c`" R=200.00' 0 ti L=97.89' ce) / / A=28"02'37" IL Z GARDNER SIMMENTAL PLAZA SUBDIVISION 20 LOT 1 of TRACT 3, POINT OF N32"00'53"E PLAT BEGINNING 16.16' ti 0 60 N cc EXISTING r� EASEMENT ( IN FEET ) DOC.42185269 40.38• 6.00' SURVEYOR'S CERTIFICATE 40.00' S89°03'43"E 791 A 8' 1,Daniel J.Boers,Montana Professional Land Surveyor License DEAD M AN'S GULCH No.147321-S,hereby certify that I supervised this survey in April and May of 2015, �ONTgy/ Daniel J.Boers, 1- ,CFedS r� MT Reg.No.14732LS gf-.rr Morrison-Maierle,Inc. LS MORRISON �'"'�rt 3C'recnn,aagyeiva rRa,vntat care NORTH19THAVENUE PROJECTNn s ro scznnmlr.r5s;ia CHK'DU+ Das BOZEMAN iv10NTANA CTEP-SHAREDUSEPATHWAY osro,s oanuus pnare 587.72/ AP PR._r MAIERLE,i.N s c. P:.��<,� 1 Fi3lxRE-LAIEER .5"lin:1•W�:•e.lh�.n-J(''wny�ny WE St8Is5 EXHIBIT A A N:WC1i:075+At:ADEanit:pt:Eaaamanl E<mbca tpr r�.iy,n•ZGi`-kawfs��7r� PbnM tr;tlarn�taaxs nr.rAay/k'2i�5 t�