HomeMy WebLinkAbout008 Current Plat & Easements 11.P.1411-110-4441 RIGHT OF WAY EASEMENT
l"P ...........a.............................................. his wife;
............................................nd..........tMI.D. W.Ttlake
......................................................Montana,in consideration of
.............................................................................Dollars,and other goods and valuable consideration,in hand paid,
the receipt of which is hereby acknowledged,grant convey........,and warrant.......,to THE MONTANA
1'01%'ZR COMPANY,a corporation,whose postoffice address in Butte, hl-itana, the right to construct,
maintain,operate and remove an electric transmission system and tc:cphune system,;Is now surveyed and lo-
ll over,alone and across that certain real property,located in... .................................................
('ounty,Montana,and particularly described as follows,tt)-%vit:............T.vQ P.9.19;!..Oro.uah.14q..................
FA 7Q • Rar ...........
•
.................10 Sect
.................Ads u.0m...................................................................................................................................................................
...................................................................I.................................................................................................................................
this.A%A...........day of..................A ...............................I.............119 33
STAIT OF MONTANA. . . .. . ......
*. A?0.11ty UL.GaIlAtil .............. JK—
On this 19th............Clav of- Ax.W'U.41A...............................................................in the year 195� bvfuru ruc,
................... ...........................................................Notary Public in and for the State ufurc-
jl ',estlake..and.Atwa..D. Westlake
personallyappeared................ W . ................I.............................I.....................
kil-vu to Ine to be the person.awhosc name-A Are........................subscribed to the within inmruallent,and
Acknowl(AKC(I to 111c that VhV............executed the same.
IN wrrNESS WHEREW". I have hereunto set my hand and affixed my Notarial Seal on the day and
year ii,this cq%illcatc first alstive written.
Notary Public for the State of Montana,
Bozeman
Residing at..................................
1.95.5.....................
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RELEASE OF LIEN FOR PARK PQRPOSEZ
THIS AGREEMENT, made and entered into this Eth day of
August, 1973, by and between MYRON M. `<.�STLAXZ and AURA D. r,..CTI KE-1
husband and wife, of Bozeman, Montana, the parties of the first part, 1
Of Mentar.. I�
and CITY Ur' ri0'LEMAN, a municipal corporcti�r .. the, � �Ztat�c-.. -
the parfy of t'rae second pact,
W I T N E S S E T H: I
Thdt the parties hereto entered Into an agreement dated
I
I
October 21, 1964, �:hich was recorded in the office of the County
Clerk and Recorder of Gallatin County, Montana, on the 23rd day of
October, 1964, in Book 21 of Miscellaneous Records of Gallatin
i j
jCounty, Montana, at page 510; and
That under the terms of said agreement the parties of the
first part agreed that in connection with platting the real prop-
erty described in said agreement to provide for City Parks as pro-
vided in said agreement; and
That the parties of the first part in connection with platting
i
an addition to the city of Bozeman known as Westl,ake's Fourth Sub-
division and by dedication on the plat dated May S, 1973, which
piat,is filed• in the office of the County Clerk and Recorder of
Gallatin County, Montana, dedicated for park purposes a park area
of 5.902 acres which is designated on said plat as 'Westlake Park"j.
and
That said dedication of said park c(plied with the terms of
said agreemert dated October 21, 1964, and the requirements therein
as to dedication of park in connection with the platting of West-
` lake's Second, Third and Fourth Subdivisions to the city of Bozeman,
and that the parties of the first part are entitled to have the lien
for park requirements released on the lands included in the plats as
filed of Westlake's second, Third and Fourth Subdivisions; and
A ,m:.s- _.,.3Y:Fci"�Ti.c•�u. .ifr-.;...i 1 � '. _ _ _
NOW, THEREFORE, in consideration of the premises the city of
Bozeman, a municipal corporation of the stag. Df ;-cntana, by its
officers duly authorized by action of the City Commission of said
City of Bozeman, does hereby release all of the area contained in
the plat of Westlake's Second, Third and Fourth Subdivisions except
the area therein designated as "westlake Park" from the lien of
said agreement dated October 21, 1964, and from any future park
requirements in connection therewith.
Iz connection with this agreement, Lot 1 of Block 1 of the
plat of Westlake's Fourth Subdivision has designated thereon "Future
park if required", and it is understood that said Lot 1 of Block 1
was so designated so that said area might be designated as park area
in connection with platting other lands awned by first parties out-
side of but adjoining the city limits of the city of Bozeman, and
that this release does not release said Lot 1 of Block 1 of West-
lake's Fourth Subdivision from the possible park use in connection
with Platting the other lands owned by first parties which are in-
cluded in the description of the lands in the agreement dated October
21, 1964.
I
IN WITNESS WHEREOF, the City of Bozeman has caused these
presents to be executed by its duly authorized mayor and clerk of
the City of Bozeman, the day and year first above written.
CITY OF BOSEMAN, MONTANA
/Ald, 11A
Mavor
ATTEST:
Clerk-of -,C tY C9MISSIOn
STATE OF MONTANA )
ss.
County of Gallatin )
On this 8th day of August, 1973, before me, a Notary Public
in and for said state, personally appeared William E. Grabow known
to me to be the mayor, and Erna V. Harding !mown tc me to be the
Clerk of the City that executed this instrument on behalf of said
municipal w .;ie rnat such c'LLy
executed the same.
IN WITNESS WHEREOF, I have heiuufito set my hand and affixed
my official seal, the day and yea in this certificate first
abo•re written.
• I,
r
�•{ Not r - Public for a state of Montana
Residing at Bozeman, Montana
:ply commission expires
553?
� �M►� August 26 to 73
2.;W.....�..P:?A-aw
lboeawd In bock..,2-w,.w„t
- MISCELLANEOUS � +,�8
-CAR ._STfICK
WNW •-
Rt: City of Bozeman
L�•`Iv�tl.W e�lam. 'f ..
l+ R,1)_A6039 ,
RIGHT--OF-WAY F.ASc.4ENT fji
The Undersigned Grantor (and each and all of them if more than one) for and in
consideration of_QnP Dol ar and No/440-----
($1._p_Q dollars
' F ) in hand aid b the Grantee, the receipt whereof is hereby
P Y
ackrowledged, hereby grants, bar-gains and conveys unto The Mountain States
i Telephone and Telegrz�h Company, a Colorado corporation, 931 14th Street, Denver,
r
Colorado, 80202, Grantee, its successors, assigns, lessees, licensees and agents '
�5E a Right-of-Way Easement and the right to construct, operate, maintain and remove
such communications and other facilities from time to time, as said Grantee may
i require upon, over, under and across the following described land which the
Grantor owns or in which the Grantor has any interest, to wit:
A strip of land 15 feet in wt.dth west of and contiguous to the west
3. ri.ght of way of North 3rd Avenue(A City Street) across the Easterly ,
a portion of Lot 1 of Block 1 of Westlakes 4th Addition to the City tr
of Bozeman, located in the SE; of section 1,TsI RsI P.M,M.,
Also the South 15 feet of sa16 Lot 1, Block 1 of Westlakes 4th Addition
to the City of Bozeman, all of th= above Being in the SE4 of Sec-1,
� i T.2S., R-5E., P.M.M., T
t Nor G/.o 3lc �r ,CMG DcNT�I
Np�. �.9Cnv�,GSNip ''or m, Iassiy"vs is �S.
��vo�� Id 8dssr'e•d t�.agP�
situate in County of G9lIn tin State oEMnntranca
r `. TOGETHER with the right of ingress and egress'over and across the lands of the r)_
Grantor to and from the above-described property, the right to clear and keep
cleared all trees and other obstructions as may be necessary and the right to
permit other utility companies to use the right of way jointly with Grantee for
4 � their utility purposes.
The Grantor reserves the right to occupy, use and cultivate said property for all
purposes net inconsistent with the rights herein. granted. .�
t
a Signed and delivered this /.3 day of a A. 19 8G
H.D.t�
At BY
Low Jbr rge
} .130zG�v X —
r van wr
x B1'111A)y A 7C -
2 - oo�r ro. src�cr�aa
CIS. (Add below a form of acknowledgment appropriate far the state In hich w the CO,
`�` right-of-way is located and for the party -.rho Is grantlny the right-of-way, y
t�F tee I.M. 173, S.e. 5 for proper form.)
5 � "
State of /✓/n,vrw.tia )
ni ss.
County of 4 //e
On this /_5' day of �r�rtuary 19w,_before me, the undersigned,
a.Notary Public-in and for the State of /f9Otir _Aj personally
appeared 4fo,gell-0.S",w gt d L.uul CawaeNte known to me to be the person(s)
q{ whose name(s) +re- .subscribed to the within instrument, and acknowledged to me
that J-heli executed the same.
In Witneswift4r o£`,>;I have hereunto set my hand and affixed my Notarial Seal the
day aitd Qre Ien,N,hi! certificate first above written.
�}
Nota Public for the State of
Residing at 'Expires
m �S
s ��_r �j � My Comission Exppires
= This, a ecording information _
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"State of A/J,e1r&-A- )
:55 _
County of w ,OAIA-
Orf this 17tA day of S .A: K, 19e4, befure me, the undersigned, a Notary
Public in and for the state of �?7oevra-iuw- personally appeared n/eoaaxe KODeIi.
known to me .to be the %4ie5inzor,ur
(President, Vice President or Sectary) '
?.' of the corporation that executed the within instrument, and acknowledged to me, that such
i corporation executed the same.
;3 In Witness Whereof. I have hereunto set my hand and affixed my Notarial Seal the day
and first above writte 1
"s .'
'a„v ��
t{s. Note Public for the State of_/,' rrZit s1�
l ° � .. Residing at1�/.✓sS
t �kys,Mr+p,,T =1 ' ' My CnmfnissSon Expires -X
XX
P F,-"I A-r
14 State of Mont.,County of Gallatin.$a Filed fur record— February 21 __a g-;u6
'iv a,,—.L:33 P M.,and recorded in Soots 90 f MISCELLANEOUS .,ng.S315
71 s®
-��4l6-117 (Pelse�Ps—fleco�iter. Qy
Rt: Mountain Bell, 560 North Park Aye. , elena, MT 59624
_�� `• 'ids �'J
'4
:1 S r t-. CAVToR:3U9E:"
x:w 16039�B
RIGHT-OF-WAY EASEMENT
The Undersigned Grantor (and each and all of them if more than one) for and in
M considedation of one nollsir and No/100----- dollars
($ t-no ) in hand paid by the Grantee, the receipt whereof is hereby
acknowledged, hereby grants, bargains and conveys unto The Mountain States
Telephone and Telegraph Company, a Colorado corporation, 931 14th Street, Denver,
Colorado, 80202, Grantee, its successors, assigns, lessees, licensees and agents
a Right-cf-Way Easement and the right to construct, operate, maintain and remove
such communications and other facilities from time to time, as said Grantee may
require upon, over, under and across the following described land which the
Grantor owns or in which the Grantor has any interest, to wit:
�z A strip or land 15 feet in width W-st or and contiguous to the Nest
right of way of North 3rd Avenue(A Citv Street) across the Easterly
portion of Lot 1 of Block 1 of Westlakes 4th Addition to the City
of Bozeman# looated in the SEJ of section 1.T.2S., Re5E.e P.M.M.,
1# Also the South 15 fret of said Lot 1. Block 1 of Westlakes 4th Addition
to the City of Bozeman, all of t,hs at•ove Being in the SEJ of Sec.l,
T.2S., R.5E., P.M.M.,
NC%f4/lr GCar?e WCJ1'/4leelleoj /7A.^..s- Ov 7`<,i,'—
C'
situate in County of rallntin State ofm not ana
t TOGETHER with the right of ingress and egress over and across the lands of the
c ) Grantor to and from the above-described property, the right to clear and keep
cleared all trees and other obstructions as may be necessary and the right to
permit other utility companies to use the right of way jointly with Grantee for
their utility purposes.
The Grantor reserves the right to occupy, use and cultivate said property for all
purposes not inconsistent with the rights herein granted.
' Signed And delivered this 2/ rf' day of rGdl+2-"t-r•r A.D., 19,66
At y G rt C C +(�@i1! �,'b.rq'yr f x
-� eorge it a e
(Contract Seller)
(Add below a form of acknowledgment ■pprepriatw for the state in which the
'.} right-ef-way it toealed and for the party who 1, granting the right-of-way,
y
gee I.M. 171, see: g far prep-r farm.)
State of Washington )
ss. oCounty of Clark )
On this 21st day of February 19 66 before me, the undersigned, 11
t r ersonall
a Notary public in and for the State of Washington p Y
appeared ean2aP. WEST7AKE known to me to be the person(s)
whoseIE ,--is subscribed to the within instrument, and acknowledged to me
t fA ' ted the same. O
- _Z have hereunto set my hand and affixed my Notarial Seal the
+this certificate first above written.
�� (� • Notary Public for the State of Washington
dfl
R� W F Residing at Vancouver
artw Hy Commission Expires MnaID
Shia space for recording information 1152092
aide of Mont.,County of Gallatin.as Filed for record March 17th g�[g 86
.t 10:46 ANt„and recorded In Hook �1 of 1SCELLANEOUSpage
1132
• Recorder. By �k- • Deno
Rt: Mountain Bell, 560 N. Part Ave., J%lena, Mt. 59624 $5. Opd
.1 1.T 6T. Co. ToPt Ann
(1-e,)
ziw 16039 -C
RIGHT-OF-WAY EASEMENT
The Undersigned Grantor (rend each and all of them if more than one) for and in
consideration of Ong nnilar and No/100----- ___ _ dollars
(S 1.nn ) in hand paid by the Grantee, the receipt whereof is hereby
acknowledged, hereby grants, bargains and conveys unto The Mountain States
Telephone and Telegraph Company, a Colorado corporation, 931 14th Street, Denver,
Colorado, 80202, Grantee, its successors, assigns, lessees, licensees and agents
a Right-of-Way Easement and the right to construct, operate, maintain and remove
such communications and other facilities from time to time, as said Grantee may
require upon, over, under and across the following described land which the
Grantor owns or in which the Grantor has any interest, to wit:
A strip Of land 15 feet in width w-st of and eontlguous to the west
} " right of way of North 3rd Avenue(A City Street) across the Easterly
portion of Lot 1 of Block i of Westlnkes 4th Addition to the City
of Bozeman, located in the SEi of section 1,T.23., R.5E., P.M.M.,
t
Also the South 15 feet of salA Lot 1, Block 1 of Westlakes 4th Addition
to the City of Bozeman, all of the Al•ove Being in the SE} of See 1,
T.2S., R.5E.. P.M.M.,
-�F:j1� N!i tft i Gtor)a Weil r�a Ica/f'.(y /7wrhtitry OY Y'�/,'v �ft.�.,! iS�q�l�
t�
ix.
<fi
ntwnn
situate in County of ta.l7wrfn State of Mn ---
TOGETHER with the right of ingress and egress over and across the lands of the
Grantor to and from the above-described property, the right to clear and keep
cleared all trees and other obstructions as may be necessary and the right to
44 permit other utility companies to use the right of way jointly with Grantee for
1 their utility purposes.
The Grantor reserves the right to occupy, use and cultivate said property for all
tit purposes not inconsistent with the rights herein granted.
Signed and delivered this 1 I►r day of A.D., 19 9C
At_r Y -martinein
(Con act Seller)
>l (Add below a form of 4e1,nowled9mont appropriate for the state In which the
right-e/-way 1s led.lee and for the party who 1. granting the right-e/-way,
iv a.e J.H. 111, see. . to, proper faro.)
State of 1,J45h A'4row )
as.
County of )
On this 2/" day of FELlIad6t'7 19_. before me, the undersigned,
a Notary Public in and for the State of lvab.yyn✓ personally
z appeared 1f,Y A( /04fT arly known to me to be the person(s)
whose names) __ subscribed to the within instrument, and acknowledged to me
?' that she_ executed the same.
In Witness Whereof. I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above w 'tten.
/IA Not iy Publi or ate
Residing at
152093 My Commission Expires �t
tt �� �� 4 r v
Sl �f Mont rf°orlyre+<=giriin.fnfoireiaEian`ord March 17 eti+ t
19 at ., on rec7ad 1n Book
MISCELLANEOUS a .
P 1133 9 �. �MMRcsur¢ �
Rt. Mtn. Bell, 560 N. Pakk Ave. , Helena, Mt. 5 AF WAS
$5.00pd
y s T s7.fgj.
16o4o-n
RIGHT-OF-WAY EASE:4ENT
i The Undersigned Grantor (and each and all of them if more than one) for and in
1 consideration of One Dollar and No/1n0---- dollars
is 1.00 ) in hand paid by the Grantee, the receipt whereof is hereby
acknowledged, hereby grants, bargains and conveys unto The Mountain States
Telephone and Telegraph Company, a Colorado corporation, 931 14th Street, Denver,
} Colorado, 80202, Grantee, its successors, assigns. lessees. licensees and agents
{ a Right-of-Way Easemerlt and the right to construct, operate, maintain and remove
such communications and other facilities from time to time, as said Grantee may
I require upon, over, under and across the following described land which the
R' Grantor owns or in which the Grantor has any interest, to wit:
E. �A s'_•ip or land e , w dth went of and contiguous to the west
right of way of 4 A City Street) across the ERRterly
portion of Lot 1 of Block i of westlakss First Addition to the City
of Bozeman, loc-ted in the SE} of section 1, T.2S.,, Ra5Ea,. F'.M.M.,
Ne ;f X e Glovpt (,,/etY1,altel,<- r /7^r r'n[.r O >`��,v llt�.�S ,S(^re) srv1`
rip,, !a[li.1Pnfx1 t>lar+a�v to 6Hr, �� �'ti��e• r/�/i//
} <' situate in County of Gallatin State of Mnntrana
TOGETHER with the right of ingress and egress over and across the lands of the
4. Grantor to and from)the above-described property, the right to clear and keep
cleared all trees and other obstructions as may be necessary and the right to
permit other utility companies to use the right of way jointly with Grantee for
their utility purposes.
.4' The Grantor reserves the right to occupy, u^^yG..nd cultivate said property for all
purposes not inconsistent with the rights herein granted.
} Signed and delivered this V/ f ?` day of 94 K s i A.D., 19 v6
Jul
�.' (Contract Seller)
(Add below . fors of acknowledgment appropriate for the state In whtdh the
right-of-May to iodated and for the party -oho It granting the right-af-way,
see I•M. t73, sad: I for proper form.)
State of Washington )
County of Clark
g - On this 21st day of February 1986 before me, the undersigned,
a Notary Public in and for the State of Washington personally
appeared GEORGE WESTLAKE known to me to be the person(s)
whOp', (0) is subscribed to the within instrument, and acknowledged to me
executed the same.
1 " I have hereunto set my hand and affixed my Notarial Seal the
r, a in this certificate first above written. '
rt'I�VQxm'�fbtt!•� Notary 'Public for the State of Washington
• �� f �} Residing at Vancouver
Hy Commission Expires PtiAMD
f 15209
This space for recording information
gtgh of Mont.,County of Gallatin.as Filed for record ) It 486
.t 10:48A M•,and recorded In Book 91 o MISCELLANEOUSPaN
J4% W_ 2 t Recorder. By. y IL D'pu"
Rt: Mtn. Bell, 560 N. Park Ave. , Helena, tot. 59624 $5.00pd
jj R:w �An41_w
t
tftl RIGHT-0E-WAY EASEMENT
1 The Undersigned Grantor (and each and all of them if more than one) for and in
consideration of One Dollar and N01100----- dollars
j ($ 1.00 ) in hand paid by the Grantee, the receipt Whereof is hereby
acknowledged, hereby grants, bargains and conveys unto The Mountain States
Telephone and Telegraph Company, a Colorado corporation, 931 14th Street, Denver,
Colorado, 80202, Grantee, its successors, assigns, lessees, licensees and agents
a Right-of-Way Easement and the right to construct, operate, maintain and remove
such communications and other facilities from time to time, as said Grantee may
} require upon, over, under and across the following described land which the
Grantor owns or in which the Grantor has any interest, to wit:
A strip o* land f 1 idt rh west of and contiguous to the west
f' ,4,� right of way of ar ~ f City Street) across the Easterly portion
o4' Lot 2 of Block 1 of Westlakes 4th P_ddition to the City of Boaeman,
#' located in the SE} of Section 1, T.28., R.5E., P.M.M.,
Ne,tltr .. a *- - a 9rc Nof
r' //G torfc �c/tlf�i•I���K j /7 rh /or 7`�til' St.'�.t�i Fs��j•"
�IA6�G 1'oI nfC f'�lr fF� �h r..f.�jG Il'O pv,r,•C� Ci lj�.G. ,yir�, f. H,
1.`
situate in County of Call at in State of Montana
TOGETHER with the right of ingress and egress over and across the lands of the
Grantor to and from the above-described property, the right to clear and keep
cleared all trees and other obstructions as may be necessary and the right to
ij permit other utility companies to use the right of way jointly with Grantee for
their utility purposes.
I.As
The Grantor reserves the right to occupy, use and,,aultivate said property for all
purposes not inconsistent with the rights herein granted.
_.� Signed and delivered this -2If t day of v "s Y' A•D•' 19 Ab
George Westlake
(Add bela•w a Farm of acknowledgment appropriate for the .tat* in which the
1 right-of-way If located and for the party who Is granting th. right-of-way,
..e I.M. 173. See. f for proper form.)
.', State of Washington )
ec �
f ss. 0
County of Clark )
r.= U.
sp n
On this 21st day of February 1986 before me, the undersigned, t,)
a Notary public in and for the State of Washington personally
appeared GEOAGE WESTLAKE known to me to be the person(s) ¢
whose name(s) is subscribed to the within instrument, and acknowledged to me O
that he executed the same. ,-
,tttt
s `ereof. I have hereunto set my hand and affixed my Notarial Seal the
ar"in this certificate first above written.
Notary Public for the State of Washington
Residing at Vancouver
My Commission Expires 8/11§8
This spa a for recording information 152096
lllb i of Morel.,County of Gallatin.as Flied for MArrh 17 h e 0 86
at 10:50A M,and recorded in Book —91 0US_pop 1136
3a��W. 2" Recorder. By � aw 0mm
Rt: Mtn. Bell, 560 N. Park Ave. , Helena, Mt. 59624 $5.UUpd
x
7•
State of Muni.. county il! G"11,1n,1. 55 Fired ;Of riw""l 17th i ARC . 19nf 1u f, i if,- n s.rrcOM OR %/ME JMH �
k MISCELLANEOUS acne 1137 K w 16041-8
. ft .,i i.nrd r ..-..I
"} R.w
fiRIGHT-OF-wAy EAsF. w 152097
Rt: Mtn. Bell, 560 N. Park Ave. , Helena, Mt. 59624 $5.00pd
The Undersigned Grantor (and each and all of them if more than one) for and in
consideration of One Dollar and No/ n dollars
1 (s_1600 ) >n hand paid by the Grantee, the receipt whereof is hereby
acknowledged, hereby grants, bargains and conveys unto The Mountain States
Telephone and Telegraph Company, a Colorado corporation, 931 14th Street, Denver,
Colorado, 80202, Grantee, its successors, assigns, lessees, licensees and agents
a Right-of-Way Easement and the right to construct, operate, maintain and remove
such communications and other facilities from time to time, as said Grantee may
require upon, over, under and across the following described land which the
Grantor owns or in which the Grantor has any interest, to wit:
)h A strip or lay� f e in idth zest of and contiguous to the rest right
't o*' way or City Streetp across the Easterly portion
i B
of Lot 2 of Block 1 of Weetlakes 4th Addition to the City of Bozeman
located in the SEJ or Section 1, T.2S., R.5E., P.M.MI.,
�` Nt;fl,.sr 6eor'c Wttf�/cG/k4� I'/�itintrr DY t�.
Iia6le- fry NII,'�JHj %S��+f.t� H07`'
jt, u
u.
situate in County of Gallatin State of Montana
�. TOGETHER with the right of ingress and egress over and across the lands of the
Grantor to and from the above-described property, the right to clear and keep
`�,• cleared all trees and other obstructions as may be necessary and the right to
; permit other utility companies to use the right of way jointly with Grantee for
Stheir utility purposes.
The Grantor reserves the right to occupy, use and cultivate said property for all
purposes not inconsistent with the rights herein granted.
Signed and delivered this 2/'C day of
At rty Mart nen
t«
f
-5 _ (Add below a form of —knowled
gment appropriate for the stet. In which the
dd)._ right-ef-way is loc.ted and for the party who to granting the right-of-w.y,
see I.tf. 177, eee. S for proper form.)
�w.kr State of L!/sl�ivj�a,✓ )
County of )
z On this -V day of Fe'ewaer 19�l before me, the undersigned,
z a Notary Public in and for the State of Z;&EyVr r personally
appeared fix., ,11 A?A—,,- known to me to be the person(s)
u - whose name(s) IS subscribed to the within instrument, and acknowledged to me
that she_ executed the same.
In Witness Whereof. I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above writte
r:
Notary Public f st
`V Residing at
i' My Commission x- s ��
"{' This space for ncordin information
• 4,' dui' �1
�..'• • ...y�.
fo 9 fACE2483
WATER AND SANITARY SEWER PIPELINE EASEMENT AND AGREEMENT
H.D.C., a partnership of 212 South Tracy Avenue, Bozeman,
Montana 59715, GRANTOR, in consideration of Ten Dollars ($10.00)
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, MT 59771-0640,
GRANTEE, its successors and assigns, a perpetual easement to operate
and maintain water and sanitary sewer pipelines with the usual
services, valves, connections, accessories and appurtenances for the
purpose of transmitting water and sanitary sewerage in, through and
across a strip of land situated in Gallatin County, Montana, a
specified width on each side of the centerline to be located on the
following described real property:
Lot 1, Block 1, Westlake's Fourth Subdivision, to the
City of Bozeman, according to the official plat on
file at the office of the Gallatin County Clerk and
Recorder.
The centerline is more particularly described 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, to enter at all times upon the above-described land by
using existing roads or trails or otherwise by a route causing the
least damage and inconvenience to the GRANTOR in order to survey
and establish the route and location of the easement and the pipeline
and to:
(1) Operate, patrol, repair, substitute, remove, enlarge, replace
and maintain the pipeline, services, connections, accessories
and appurtenances;
(2) Trim, remove or otherwise control any trees and brush inside
or outside the boundaries of the easement which may, in the
opinion of the GRANTEE, interfere or threaten to interfere
with or be hazardous to the operation and maintenance of the
pipeline; and
-2-
FILM 9 PACE2484
(3) Grade the land subject to this easement and extend the cuts
and fills of this grading into and on the land adjacent to
that which is subject to this easement to the extent GRANTEE
may find reasonably necessary.
The GRANTEE agrees that:
(1) In connection with the operating, patrolling, repairing,
substituting, removing, enlarging, replacing and maintaining
of said water and sanitary sewer pipelines, it will repair or
replace, at its sole expense, or pay to GRANTOR the reasonable
value of any damages to growing crops, existing fences,
ditches and other appurtenances of said land that may be
disturbed by its operation.
(2) During operations involving excavation, it will remove the
top soil from the trenched area to a depth of one foot, or
to the full depth of the top soil, whichever is less, and
stock pile said top soil for replacement over the trench.
It will remove from the site any large rocks or surplus
excavating material or any debris that may have been exposed
by the excavation and remains after backfilling is completed.
And, it will leave the finished surface in substantially the
same condition as existed prior to the beginning of operations
except that the surface of backfilled areas may be mounded
sufficiently to prevent the formation of depressions after
final settlement has taken place.
(3) To construct and maintain said pipeline in such manner as will
not hinder or prevent the proper cultivation of the tract to
which this right of way is hereby granted.
The GRANTOR agrees that:
(1) At no time will they build, construct, erect or maintain any
permanent structure within the boundaries of said easement
without the prior written consent of GRANTEE.
(2) The GRANTOR warrants that they are lawfully seized and
possessed of the real property described above; that they
-3-
FILM MOM
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.
(3) 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 and
agreement shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns
of the parties hereto.
DATED this _AC day of JQ010i 1 1986.
H.D.C. Q
By�L• Ma
'Partner
H.D.C.
B
Partner
State of Montana )
County of Gallatin: ss
City of Bozeman )
On this .30 day of 1986, b fore me,a Notary Public
i and for s i State, pers a y appeared -X-W1 4 '/ f.. 46r;- �i►rL
,� , known to me to e the persons
of -the partnership at executed the within instrument and acknowledged
to me that they executed the same for and on behalf of said partnership.
4li41;TNESS WHEREOF, I have hereunto set my hand and affixed
my''� pair .,Seal on the day and year first above written.
a r�+�-►ft1lT}s:: , N ary Pu c the State o
'• '�"^^"'.� j ntana. Residing at Bozeman,
•�;�� •;�) ,• ,��,•� Mon:a a. My Commission Expires:
•,titF o a Dat}
CITY OF BOZEMAN
By
Itsi City Manager
AT
:-`
epon
881
•4�J ��gyp'.
-4-
FILM 92fA0E24%
State of Montana )
County of Gallatin ss
City of Bozeman )
On this 5th day of Ma 1986, before me, a Notary
Public in and-for said State, persona ly appeared JAMES E. WYSOCKI
and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk
of the City Commission respectively, of the City of Bozeman, whose
names are subscribed to the within instrument and acknowledged to me
that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal on the day and year first above written.
?!IOTA Notary Public for the State o
Montana.
, i, Residing at Bozeman, Montana.
: � . _ My Commission Expires: 4-30-86
ERHIBIT A FILM 92meEM
North-South Easement
Utilities easement across Lot 1 of Block 1, Westlake's Fourth
Subdivision to the City of Bozeman, located in the Southeast
One-Quarter of Section 1, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana and being further
described as follows:
Beginning at a centerline point of the easement, on the North line
of said Lot 1, said point being South 89-57-41 East, a distance
of 85.00 feet from the Northwest corner of said Lot 1. Thence
South 00-01-15 West, with the easement being 15 feet each side of
the centerline, a distance of 176.00 feet. Thence South 00-01-15
West with the easement being 20 feet on the East side of the center-
line, and 15 feet of the West side of the centerline, a distance
of 10.00 feet. Thence South 00-01-15 West, with the easement being
15 feet on each side of the centerline, a distance of 17.00 feet.
Thence South 12-27-58 East, with the easement being 15 feet each
side of the centerline, a distance of 185.00 feet. Thence South
12-30-28 West, with the easement being 15 feet each side of the
centerline, a distance of 138.00 feet. Thence South 12-30-28 West,
with the easement being 20 feet on the East side of the centerline
and 15 feet on the West side of the centerline, a distance of 10.00
feet. Thence South 12-30-28 West with the easement being 15 feet
each side of the centerline, a distance of 30.74 feet. Thence South
00-29-32 West, with the easement being 15 feet each side of the
centerline, a distance of 98.06 feet, to the end of the easement,
said end of the easement being North 89-30-28 West a distance of
209.00 feet from the Southeast corner of said Lot 1.
Northerly East-West Easement
An access and utilities easement across Lot 1 of Block 1, Westlake's
Fourth Subdivision to the City of Bozeman, located in the Southeast
One-Quarter of Section 1, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana, and being further
described as follows:
Beginning at a centerline point of the easement, on the east line
of said Lot 1, said point being South 00-02-21 East a distance of
87.00 feet from the Northeast corner of said Lot 1. Thence North
89-57-41 West, with the easement being 15 feet each side of the
centerline, a distance of 208.94 feet, to the end of said easement.
Southerly East-West Easement
An access and utilities easement across Lot 1 of Block 1, Westlake's
Fourth Subdivision to the City of Bozeman, located in the Southeast
One-Quarter of Section 1, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana, and being further
described as follows:
Beginning at a centerline point of the easement, on the East line
of said Lot 1, said point being North 00-02-21 West a distance of
85.00 feet from the Southeast corner of' said Lot 1. Thence North
89-30-28 West, with the easement being 15 feet each side of the
centerline, a distance of 119.27 feet. Thence North 77-29-32 West,
with the easement being 15 feet each side of the centerline, a
distance of 89.71 feet to the end of said easement.
W�5(
156505
stab of Mont,County of Gallatin.as Filed for record 86
at 4,pS-P—M.,and recorded In Book Hof MISCELLANEOUS no&,483
Q.w. W, (P%bU& Recorder. By 5 it it..I amtV
Rt; City of Bozeman
$25.00
ti23 Jr I fnM MPIGE338t
StOe Of Mom.,Counw, of Gallatin.n Filed for record FPb�ry 11th _ •f9�
at 10:45 A•M.,aed-reCorded In Book 114 of MISCELLANEOUS page jjU
TZ'P AdUUSearclahl y Fee $S rOQ Pc`f SO c e ir:c D �1
403 Ivan Dr. AMENDMENT NUMBER ONE
Bozeman, MT 59715 to
DECLARATION OF COVENANTS
in
State of Mont., County of Gallatin Document No. 164355 filed for record
Book 94 of MISCELLANEOUS page 3979, November 21, 1986
Declaration. of Covenants, Conditions and Restrictions, applicable to
certain real property located in the County of Gallatin, State of
Montana, and which property is more pat,ticularly described as follows:
Lot 1 Block 1 of Westlake's Fourth Subdivision, City of
Bozeman, according to the official plat thereof on file and of
record in, the Office of the County Clerk and Recorder of Gallatin
County, Montana.
ARTICLE V. SECTION 4 is wholly amended to read as follows:
Section 4. Animals and Pets. No animals or pets shall be kept at any
Townhouse.
Exception: Only the one dog presently owned by Scott and Sheila
Murray and kept at 407 Ivan Drive is excepted until its
permanent departure at which time the restriction of this
Section will also apply to that address. The present owners
shall be liable for any damage caused intentionally or
caused by the negligence of the owners who are bounU by
these covenants. This dog Shull be confined to the Owner's
Townhouse premises and such dog shall not he kept or
harbored on any common area.
IN WITNESS WHEREOF, the undersigned, being members of this
ASSOCIATION, has set his/her hand and seal this 71 day of February,
ig
1L71ya�n Ji a1i
Z6-
C. M. Ber ah1 Lorraine Hammer Stanley G. West
Gerald D. Murray 'Wm, Mo r #ijatie/tAter'nha,
Scott Murray ave Hale Loyee O'Halloran
� r�
Howard J. 3cGuin R. Brooke Youn
STATE OF MONTANA )
SS.
COUNTY OF GALLATIN )
On this (-kday of February, 1991 before me, a Notary
Public, personally appeared: C. M. Berdahl, Scott
Murray, Howard J. McGuin, Lorraine Hammer, Wm. W. Mongar, Dave Hale,
R. Brooke Young, c.�..lzz�,�, c, Elizabeth Sternhagen, and hoyce
" 4e ,, known to me to be members of the above named Association
whoso._nar.aes .are subscribed to the within instrument and acknowledged
��ni�+�,l y executed t same,
NINV
No a Pu lac for S a_e of tin na
< �• 14
'.•f Residi at Bozeman, Montana
My Comma lion Lxpires: - a o -93
1j/P/l11111i111�� .1�•.
Z$60Lr4 ��1 �►�O 16�1355 '�' 5+ .
Sind of Movil.,Coentlr of GIIeHn.u Riled for r 21 j0 96
' 2' 94 MIS 39,and recorded In Book of
a.�ra.., py
DECLARATION OF COVENANTW
CONDITIONS AND RESTRICTIONS
r MAft1D m
THIS DECLARATION, mods on the date hereinafter set forth, by
HDC PARTNERSHIP hereinafter referred to as "Declarant."
WITNESSETHs
WHEREAS, Declarant is the owner of certain real property
located in the County of Gallatin, State of Montana, and which
property is more particularly described as followsi
Lot 1 Block 1 of Westlake% Fourth Subdivision, City of zx
Bozeman, according to the official plat thereof on file and
of record in the-Office of the County Clerk and Recorder of
Gallatin County, Montana.
NOW THEREFORE, Declarant hereby declares that all of the
M` properties described above, shall be held, said, and conveyed,
subject to the following easements, restrictions, covenants, and
conditions which are for the purposs of protecting the value and
desirability of, and which shall run with, the real property and
bs binding an all pairties.having any right, title or interest in
the 'described properties, or any part thereof, their heirs,
successors and assighs,.parsonal 'representatives and tenants, and
shall Inure to the .bsnsfit of each owner thereof.
ARTICLE I
DEFINITIONS
Section .4. "Association" shall mean and,- rafar to the
"Hes•slead Towri so loiw•wwrnsrs' Association," its successors and
aligPa.
£ ttAMMMIMy 3 nP-
section .2 or ship m1lh and re#e10 the recprd owner '
of any townhouse. locatsdion the above described real property,
whrthsr 'on -or more persons or entitities■ of a fee simple title
- ..to .any townhouse and the real property upon which it is situated
which. is a part of the real property hereinabove described,
including contract purchasers, but excluding those having such
F ,
interest merely as for security for the performance of an
obligation.
Section 3. "Property" or "properties" shall mean and refer
to that -certain real property hereinabove described and all
a
improvements thereon, and such additions thereto as may hereafter
s
be brought within the Jurisdiction of the Association.
Section 4. "Common Elements" or "Common Area" shall mean all
common improvements, including but not limited to driveways,
gates, fences, electric power and telephone utility systems that
a-,
are built on or appurtenant to the property, landscaping
aft
Including grass and tress, as well as other like and similar
improvements that are built and located an the property, or
appurtenant thereto, and available for the benefit and use by ;
this Association's members, and expressly includes those areas on
exterior, boundaries of , -the property which are not.deaded in
connection with .any townhouse, and that portion of the property
along the Central Axis of said property, used for common
driveways.
Section 0. "Townhouse" shall mean and refer to any of the
eleven (11): !townhouses located on the property herainabove
tlrseribsds . and Ehr `rral property on which each townhouse is
� :.: altualed. x
2
e., 7 q 1y rf rxx�.0 � fia* F," rt t
.►` � f e'� J �' �'�� ; .�st '' ����. � sfJ•zFi tf�i'+X C
.', Section b. "oeclarmnt" shall Man And'. refer to. HDG .
Partnership, its successors and assigns,
x•
Section 7. "Member" shall Dean a Townhouse Owner or a tenant
of a Townhouse Owner or a contract purchaser provided that such
tenant or contract purchaser has been delegated as a Member by
the Townhouse Owner.
Section G. "Family" shall mean the spouse of a Member and
all other members of the immediate family of a Member residing
i
with a Mamber, any full-time empLOyee of a Member residing with a
Member, and any tenant or quest of a Member while occupying the
dwelling unit.
ARTICLE 1I
PROPERTY RIGHTS
Section 1. Owners Easements of Use and Enjoyment. Each and
every owner shall have a right and easement of use and enjoyment
on behalf of the Owner or delegated Member and his or her Family
in. and to the.Common Elements which shall be appurtanant to and
. shall •pass with the title to every Townhouse subject to the
follo►+inq>provieions�.:. ' ':.
la1 The r pht of th . Association to charge reasonable
improv nt and;uw fees for thi common Elements. .
lb) Thr.:right,Of thw Association to euepend the voting rights
of an .Owner for ,.ny period during which any assessment
aprinst-tihr Townhouse;reeaiefs<unpaid. u'
(c) The right of-the Association to dudic&te ar tr+lnsfer all
ol� any part the Comm�m,Elrmrnts to any pubsle agency,
attkhori4ky. or utility for syen'Purpesee and suble11
et !o.
w•..r_ s
` � '.fsf •.,�. ;,ge a -. z. „,h..F.
��.. R ,....: y.,• ,,, a ., _° F
77777
such conNtinns as may be agread' •by kthii ners iN
�.a
such dedication or transfer shall be effective unless an
instrument signed by three-fourths (3/4ths) of the Owners
agreeing to such dedication or transfer has been
recorded.
Section 2. Ingress and Egress Rights. Members and Families
individually shall be entitled to the right of ingress and egress
on and over all common elements. The Association shall negotiate
a fair annual fes with a private contractor for maintenance and
snow removal in respect to the common areas, and pay such fee
from assessments received from Members.
ARITCLE III
MEMBERSHIP, VOTING RIGHTS, BOARD OF DIRECTORS,
# OFFICERS, AND MEETINGS
Section 1. Every Owner shall be a member of the Association.
Membership shall be ap
purtenant to and may not be separated from
ownership of any Townhouse which is subject to assessment, except
to the extent of delegation contemplated in Article 1, Section G,
hereof.
Section. .'2 31he Associ'stion shall have one class of voting
Assbership. 'Only.one vote may be'east 'by each mobbar. When more
than lone person holds.;1M.16tarest in any,Townhouea,: the vote for
such Owners shall be exercised as they among .themmelvps may
determine.
Section 3. The sambsra `shall constitute• `the Board of
Olrectors' of the Asscciation� ;and may take any' aelion usually
permittad by a'Board of. Directdr's, including the ri*:ht to
g Y y
officers and dole atr °rs oneibilit Deeisms b thr Beard -
4
i it: If," �tr4 a.. :x a xmSccai#�a asac .
1a °
shall be made b major i ty vote of'a uarui o ;the. 6ear'd;` with
y.: a
c
throe (3) members constituting a quorum except as otherwise
provided herein.
Section 4. The Association shall meet at least once per
year, or upon written request and notice given by any member to
the other members.
ARTICLE IV
r: COVENANT FOR MAINTENANCE AND USE ASSESSMENTS �
Section 1. Creation of the Lien and Personal Obligation of
Assessments. The Dec'arant, for each Townhouse owned within the
Properties, hereby covenants,.and each Owner, by acceptance of ■
r.
deed or contract for deed therefore, whether or not it shall be
so expressed in such deed, is deemed to covenant and agree to pay
to the Associations (1) annual assessments or charges, and (2)
special assessments for capital improvements, cash assessments to
be established and collected as hereinafter provided. The
assessments and charges due to the Association from its Members,
r.
including interest thereon, shalt attach and become a lien on any
Townhouse owned, by a Member of the Association when any such
assessment or charge remains unpaid for more then thirty (30)
days after the ;date of assessment. The annual and special
asssssments, together with interest, costs, and reasonable
attorneys fees for collection if necessary, shall also be the
personal obligation of the person or persons who were the Owners
of.any'such Townhouse at the time when the assessment fell due.
Section 2. Purpaa> of Assessments. The assessments levied
by the Association shall be used .oxclusivsly. to promote the
hsslth, ,asathetic value, safety, convenience, and welfare:of the
Members and thIP only if reasonably benef ing all Townhouses, R
for the improvement and maintenance of the Common Elements and
for the use, maintenance or improvement of ingress and egress
j elements.
Section 3. Maximum Annual Assessment. Until January 1 of
the year immediately following the conveyance of a Townhouse to
an Owner, the annual assessment shall not exceed Three Hundred
Dollars (i300.00). After January 1 of the year immediately
following the conveyance of the Townhouse to an Owner, the annual -
assessment may be increased only by the affirmative vote of {
`` three-fourths (3/4ths) of the Members who are voting in person or
t by proxy at a meeting duly called for this purpose. A decrease
shall require the affirmative vote of throe-fourths (3/4ths) of
the Members voting.
Section 4. Special Assessments for Capital Improvements. In
addition to the annual assessments authorized above, the
Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of
defraying, in whole or in part, the cost of construction,
reconstruction, repair or replacement of a capital improvement
upon the Common Elements, including roads, utility systems, and
parks, provided that any such assessment shall have the assent of
three-fourths (3/4ths) of the Members who are voting in person or '
by proxy at a meeting duly called for this purpose, and provided
further that no such assessment may be made for the initial cost
of any - improvement which Declarant has a contractual or legal
duty to'construct or install:
Section S. Notice and Quorum for Any Action Authorized Undir
Section 3 and 4. Written notice of any meeting called for the
i
ro
purpose of takingiqctlon authorized under Sec71'ons 3 and 4 shall
be sent by any Member to all other Members not less than fifteen
(15) days or more than thirty (30) days in advance of the
e. meeting, and shall set forth the time and place of such meeting
(
and the action proposed to be taken. At the first such meeting
called, the presence of Members in person or by proxy entitled to
cast three-fourths (3/4ths) of all the votes of membership, shall
constitute a quorum. If the required quorum is not present
another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting
a.
shall be one-half (1/2) of the quorum required at the preceding
meeting.
t Section 6. Uniform Rate of Assessment. Both annual and
,. special assessments must be fixed at a uniform rate (e.g.
pro-rated on total number of units constructed) for each
=F' Townhouse, and may be collected on a regular basis.
Section 7. Data of Commencement of Annual Assessmental Due
' Dates. The first annual assessment shall be adjusted according
to the number of months remaining in the calendar year. The
i
Association shall fix the amount of the annual assessment against
each Townhouse at least thirty (30) days in advance of each
{? annual assessment period. Written notice of the annual >'
x' assessment shall be sent to every Owner subject thereto. The due
dates shall be established by the Association. The Association
y=
shall, upon demand, and for ■ reasonable charge, furnish a
certificate signed i officer of the Association setting forth y
whether the assessment% on a specified Townhouse have been paid.
Section G. Effect of Nonpayment of Assessments{ Remedies of
the Association. Any Assessment not paid within thirty (30) days
7
after the dued to, shall bear interest fro the due data at the „
rate of ten percent (10%) per onnum. The Association ur any
e
Member may bring an action at law or in equity against the Owner
i personally obligated to pay the same, or foreclose the lien
r.;
against the Townhouse in a like manner as a mortgage on real
k-
property. No Owner may waive or otherwise escape liability for ,
the assessments provided for herein by non-use of the
improvements or the Common Elements, or ingress and *gross
easements, or abandonment of his Townhouse. In the event an
action at law or in equity is brought, the losing party agree% to
w pay the prevailing party all costs and disbursements necessarily
incurred therein, including a reasonable attorneys fee.
3 Section 9. Subordination of the Lien to Mortgages. The lien
of the assessment provided for herein shall be subordinate to the
3:.
lien of any first mortgage. Sale or transfer of any Townhouse
shall not affect the assessment lien. However, the sale or
transfer of any Townhouse pursuant to mortgage foreclosure or any
proceedings in lieu thereof shall extinquish the lien of such
assessments as to payments which become due prior to such sale or
transfer, provided that proceeds, if any, in excess of amounts
a
required> to satisfy the claim of the mortgage shall have been
appli«d �td discharge of the lien arising because of assessments
by the:association. No sale or transfer shall relieve such Owner
x .
froze,' liability for any assessments thereafter becoming due or
from the lion thereof.
Section 10. Exempt Property. All properties dedicated to
.: and accepted by a'local:public authority shall be exempt from the
assessments created herein. .$
LA USE
Section 1. Use of Property. The property shall be used for
residential purposes, and no commercial business or operation,
other than allowed by local ordinance or zoning regulations,
shall be allowed to be located thereon. No trash, junk, junk
vehicles, or refuse shall be maintained upon the property, nor
shall any noxious or offensive activities be permitted to be done
upon the property which are a nuisance or might become a nuisance
to the other Owners of any of the Townhouses. Each Owner shall
provide suitable recepticlas for the containment and collection
of trash and garbage. These recepticles are to be stored in a
individual garage units. If an assessment is made by any
governmental entity for collection of garbage or other services,
each owner agrees to pay their individual assessment, or a
pro-rota portion of the assessment if the assessment is against
the entire property.
Section 2.. Vehicles and Recreation Vehicles. No trailer,
capper :-or,copparable recreation vehicle or other form of camping
t
facl,lity.. stall be placed upon the property in any other than a
tespacdry nunnery, and .none,shall be.placsd in any common area.
Bich ,aacillies.,. when,.,psrOittsd, ,shall retain a_ status as
whiclN and�sust;be duly licnihswd As such, and must,be owned by
17�wtbsr.: Motorispd.tfd i .bikes,. snowmobiles and
conipanebis vehlciss shell be allpwsd to .br used only on
�stabiis0,ad pb" ., and ,net an. the zosstion srsas of the.brc6ertyp `
eacsptinp driveMsrs. Cason_access.;drive -is a1w epsrgency f,ics
s .
acCeps thrrWb0 p! king is prohibited in his area ,,.
L
f k`P t^ye tt 5f' x E 9 Imo' 1 d� M" i R
..": 1 .�..nc..v k � ,:" K C -1 :. k'tT�.•'•.,: r i,.i.:! "tr. r't � r'"b
3. Construction Covenants. Any Owner intwnding to
change the paint color on construction of the exterior portion of
its Townhouse must obtain prior
,�• p approval for such from the
° Association, who shall hays the sole discretion to approve and '
disapprove of any such paint color change or construction, it
being the intention of the Dsclsrant 1:hat the association shall
attempt to preserve insofar as possible uniformity of design,
construction, and paint color on the property.
Section 4. Animals and Pets. No more than two (2) domestic
pate shall be kept at any Townhouse, and they must belong to the.
Owner's or resident's household. The owner of any such animal
shall be liable for any damage caused intentionally or caused by
the negligence of any person .bound by these covenants, or caused
b person who uses or has used the y any p property pursuant to
authority of a person bound by these covenants. Any such animals
shall be confined to the Owner's Townhouse premises and such
animals shall not be kept or harbored on any common areas.
..ARTICLE,.VII
r
'AEN6RAL`.pRLIViBIONB
Sction:. i. Enfoecewent. The Association or .an y..OMIIa/ `Or
Msiwb r� shall have the right to enforce, by any prom sdinp at law
qr in equity, all , restrictions, conditions, covenants,
ressrvatibns, lions and charges'now ar. hsrsaftr .imposedrby the .. '
k
.x.�•i
provisiais of thir< INclaration. Fai'lure.,.by th Association or by
:any i7wner or Msabsr to snfore�'any covenant or rstricion hRrein
eohtii`ned shall not 6* ds sd o"w 1iv of tho right to `do 6,6 ,
ther� fter..
k � y
R3
p Nn H&1 YjSi'R` "F}
ti9p,; 2. verability. Invalidatiorn'r- f Arty one of these
covenants or restrictions by judgment or court order *hail in no
way affect any other provisions, which shall remain in full force
and effect.
,a
Section 3. Amendment. The covenants and restrittions of
this Declaration shall run with and bind the land, for a term of
i
twenty (20) years from the date this Declaration is recorded,
3:.
after which time they shall be automatically amtended for one
additional ten (10) year period. This Declaration may be amended
during the first twenty (20) year period by an instrument signed
by not less than seventy-five percent (75%) of the Owners. Any
such amendment must be recorded.
7' Section 4. Consents. Whenever notice of any meeting or
3+:
proposed action is required by any of the provisions contained in
these covenants, conditions and restrictions, or whenever any
vote on any proposed action is required, the actual notice of any
meeting or proposed action, or vote thereon, by any Owners,
Members or Directors may be dispensed with if all of the persons
who would have been entitled to vote upon the action if such
meeting were held shall consent in writing to any such action
being taken, ineludinq. the amendment and revision of these
covenants, conditions and restrictions.
`a
;•i ��r;ta7`i;
w:
IN WITNESS WHEREOF, the undersigned, bring thw Declarant
herein, has hereunto set its hand and seal this day of
'a
July, 1985.
m HDC PARTNERSHIP
- --------
r,
KOBER CONSTRUCTION COMPANY
x; By Ted or
t>
'x
LOWEL W. SPRI 8ER
r � ----------
E�E ---
r.
x
STATE OF MONTANA )
County of Gallatin )
On-this day of Julyo .19B5 before me, w Notary Public in
knd ,far, ,mid •:8late, person lly apprsrwd Ted Kober .for KOlm
CONBTIM,=-I, G'0�IPIWYp LOWELL: W' SPRINDER and IVAN O."LAWRENCE
A! to;;` `to;:b ':the Partners.o the sbayprnawsd partnership
whose ' �naals are subscribed !ei' the 'within instrument and
acknowledged tot hat they "vented the'samo.
A.• - - - - f
lied fgr.,:tha State=of Montana
r Montana
r r� j�
C! Aw =
I IIIIII IIIII IIIII IIIIIII III Illll IIIIIII III IIIII IIII IIII Page: I of a
06/2512004 1546612 p
Shelley Vance-Gallatin Cc MT MISC 36.00
WATER AND SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
George Westlake, 15008 S.E. Graham Road,Vancouver, WA 98683 and Kay Martinen,
401 Sunnyslope Road,Yakima,WA 98908, ,the GRANTOR(S), in consideration of One Dollar
($1.00)and other good and valuable consideration, receipt of which is acknowledged,grant to
the City of Bozeman,a municipal corporation of the State of Montana,411 East Main, Bozeman,
MT 59771-1230, GRANTEE, its successors and assigns, a perpetual easement to lay,construct
and maintain water and wastewater pipeline(s)with the ususal services,valves, connections,
accessories and appurtenances for the purpose of transmitting potable water and wastewater in,
through, and across a tract of land on the following described real property:
Located in the Southcyq Qgprter of Se 'on 1 Township 2 South e 5 EUt P.M.M.
From the Pont of Beginning at the Southwest Corner of the Homestead( Townhouses,),
in the City of Bozeman. Gallatin CounV.Montana: Thence S89°58'45" E at a distance of
100.00' alon a South Pro2gly Line of said subdivision: Then a S00°01'15"W at a
distance of 30.00': Thence N�T58'45 W at a distance of 100.00'to the west property line
of Block 1 Westlake's 4' Subdivision: Thence N00°01'15")✓at a distance of 30.00'
along the west property line of Block 1 Westlake's 4'Subdivision to the punt of
beginning. Said Tract of land being 9.0689 Acres.
The easement is more particularly described on the attached Exhibit Q which by reference
is made a part hereof.
This grant includes the right of the GRANTEE,its successors,permitees,licensees,
assigns agents and employees,to enter at all times upon the above-described land by using
Page 1
IIIIII IIIII IIIII IIIIIII III IIIII IIIIIII III IIIII IIII IIII Page: 2 of 6
00/25/2004 2154661P
Shelley Vance—Gallatin Co MT MISC 36.00
existing roads or trails or otherwise by a route causing the least damage and inconvenience to the
GRANTOR(S)in order to survey and establish the route and location of the easement and the
pipeline for the purposes of:
(1) Construct,operate,patrol,repair, substitute,remove,enlarge,replace,and
maintain the pipeline, services,connections, accessories and appurtenances;
(2) Trim,remove,destroy,or otherwise control any trees and brush inside or outside
the boundaries of the easement which may,in the opinion of the GRANTEE,
interfere or threaten to interfere with or be hazardous to the construction,
operation and maintenance of the pipeline;
(3) Grade the land subject to this easement and extend the cuts and fills of this
grading into and on the land adjacent to that which is subject to this easement to
the extent GRANTEE may find reasonably necessary; and
(4) Support the pipeline across ravines and water courses with structures which
GRANTEE deems necessary.
THE GRANTEE AGREES:
(1) That in connection with the construction,operating,patrolling,repairing,
substituting,removing,enlarging,replacing,and maintaining of said water and
wastewater pipeline(s), it will repair or replace,at its sole expense,or pay to
GRANTOR(S)the reasonable value of any damages to growing crops,existing
fences,ditches and other appurtenances of said land that may be disturbed by its
operation.
(2) That,during operations involving excavation, it will remove the topsoil from the
trenched area to a depth of one foot, or to the full depth of the topsoil,whichever
is less, and stockpile said top soil for replacement over the trench. It will remove
from the site any large rocks or surplus excavating material or any debris that
may have been exposed by the excavation and remains after backfilling is
completed. It will leave the finished surface in substantially the same condition
as existed prior to the beginning of operations except that the surface of
backfilled areas may be mounded sufficiently to prevent the formation of
depressions after final settlement has taken place.
(3) To lay,construct and maintain said pipeline in such manner as will not hinder or
prevent the proper cultivation and mowing of the tract to which this right-of-way
is granted.
Page 2
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2je: 3 1 a 1P
Shelley Vanoe—Gallatin Ca MT MISC 30.00
THE GRANTOR(S)AGREES:
(1) At no time will they build,construct,erect or maintain any permanent structure
within the boundaries of said easement without the prior written consent of
GRANTEE.
(2) At no time will they modify the finished grade of the land over the pipeline by
removal of existing soil or by placement of fill material within the boundaries of
said easement without the prior written consent of the GRANTEE.
(3) That where the subject improvements are not located under improved public or
private streets or other provided access,a 12 foot wide all -weather access road
may be constructed within the easement where at the City's discretion such access
is required for operation and maintenance purposes.
(4) 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.
(5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein
granted without any interruption by the GRANTOR(S). The terms, covenants and
provisions of this easement and agreement shall extend to and be binding upon the
heirs,executors,administrators,personal,representatives, successors and assigns
of the parties hereto.
DATED this day of d e A--a 2 r .2003.
George E. Westlake, Grantor Kay H. M ' e , rantor
STATE OF WASHINGTON )
:ss.
County of Clark )
On this—L�day of D c� ,2003,before me,a Notary Public for the State of
Washington,personally appeared George E. Westlake, known to me to be the person subscribed
to the within instrument,and acknowledged me that he executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal the day and
Page 3
Pat: 4 o f 8
06/25/2004 02.28P
Shelley Vance-Gallatin Cc M7 MISC 38.00
year first above written.
seal),
Print Name Here: ✓y-/I /
�''' NOTARY PUBLI OF THE TATE OF WASHINGTON
'c> : Residing at: a r
� ``., ,�o` .'•" My Commission Expires: -�
STATE OF WASHINGTON )
:ss.
County of Yakima )
On this I& fay of Q cr 7`O l3fe ,2003,before me, a Notary Public for the State of
Washington,personally appeared Kay H. Martinen,known to me to be the person subscribed to
the within instrument,and acknowledged me that she executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal the day and
year f ve written.
%D L. USSIDN h, .Q
'�p
y° Print Name Here: V I N
NOrARy N z NOTARY PUBLIC OF THE STATE OF WASHINGTON
o PUBLIC Residing at: ! M !�
+�J►n�►y doe �2 My Commission Expires: rat-i ap
DER 1 't
o�WASN�NG
ACCEPT
-61erk-JGhnsm, City eager
ATTESTS
s
Rq,LMn8L"_",',0te:rkW the City Commission
Page 4
1111111�1111l11! oil
21:5ofS!!!!llll ms,
Shelley Vanoe-Gallatin Co MT MISC 26l2004 02.28P
3a.00
State of Montana )
:ss.
County of Gallatin )
On the loth day of May before me, a notary public for the
State f ontana, personally appeared G - h� and Robin L. Sullivan, known to
me toZ�(; Manager and Clerk of the City Commission, respectively, of the City of
Bozeman, whose names are subscribed to forgoing instrument, and acknowledged to
me that they execute the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on
the day and year first written above.
(Seal)
Signature: f �' Vim_ Q 1it,t ✓I
(Print Name Here):
NOTARY PUBLIC FOR THE STATE OF MO TANA
Residing at:
"•r `' My commission expires:
Page 5
TAMARACK STREET I P.O.B.
�F I L4� / L2 I
L3 I
SEE LINE
N I ' 1 - -� j I LINE BELOW/
NASPEN W PROPOSEDo
STREET a COMMunaTr I PROPOSED
Q CENTER PPLO a u�?Y LINE TABLE
T EASEWNT I 0
Z BMX TRACK ` I LINE BEARING DIST. o
NLL
I L1 S89'58'45"E 100.00'
£ L2 S00'01'15"W 30.00, s.`
L3 N89'58'45"W 100.00' _
L4 N00'01'15'E 30.00' _
X I I 6 e�
w I a
_N FND BENT
5/B'RESAR rj'a p l
FND`PC o P
m .MARKED I o o
`x SORVCO A
J495 LS aP�
N V+
50 0 150ammommoomw
v �1
o' scale feet
WESTLAKE PARK 1- �� EXHIBIT 'A'
BMX TRACK IMPROVEMENTS UTILITY EASEMENT oaxaaz.iol I APRIL 2003
ENGINEERING BMX—EASEMENT.DWG
Copyright 0 2003 HKM Engineering Inc.,All Rights Reserved.
2591991
Return to: Page: 1 of 5 09/06/2017 02:13:25 PM Fee $35.00
Charlotte Mills Gallatin County, MT MISC
2090E I lllfllllllllllllllllllllllllllllllllllllllllll 2090 Stadium Drive II!lI111111111111111 II11111IIIIIIIIIIII1
Bozeman, MT 59715
PROJECT NAME: BMX PARK STORM
CITY OF BOZEMAN IMPROVEMENTS
Engineering Division
PROJECT#.4635.111102.12
ao < Public Works Department
PARCEL# 2
STORM DRAIN EASEMENT
THE GRANTORS, GEORGE E. WESTTLAKE, whose address Is 15008 S.E. Graham Road, Vancouver,
WA 98683, and D.K. MARTINEN, LLC, a Washington Limited Liability Corporation, whose address is
401 Sunnyslope Road, Yakima, WA 98908, as tenants in common, for and in consideration of Ten and
No/100- Dollars, and other valuable consideration, in hand paid, conveys and warrants to the.GRANTEE,
The CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North
Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual storm drain
easement to lay, construct and maintain public storm drainage distribution facilities with the usual
appurtenances in, over, under, along, through, and across the following-described real property located in
Gallatin County, Montana:
Lot Two (2) of Block One (1) of Westlake's Fourth Subdivision to the City of Bozeman, Montana,
according to the official plat thereof on file and of record in the office of the County Clerk and
Recorder, Gallatin County, Montana; (deed reference: 2537358).
Said storm drain easement is depicted on Exhibit A attached hereto and more particularly described
as:
Beginning at the Northwest corner of Lot 2 of Block 1, and the Northwest comer of the easement
herein described, said point of beginning; Thence, from said point of beginning, N 89' 54' 32" E,
30.00 feet along the North line of Lot 2;Thence, S 00"00' 10"W, 99.36 feet;Thence, S 26'35' 31 E,
143.74 feet to the South line of Lot 2; Thence, S 89° 54' 32"W, 33.52 feet along the South line of Lot
2; Thence, N 26` 35' 31" W, 135.87 feet to the West line of Lot 2; Thence, N 00" 00' 10" E, 106.40
feet along the West line of Lot 2 to the North line of Lot 2 and the point of beginning, and containing
7,281 sqft.,more or less as shown on Exhibit A.
All improvements are the property of the CITY OF BOZEMAN, removable at its option. The failure of the
GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment
of the right.
The above-named GRANTOR hereby covenants with the CITY OF BOZEMAN that said GRANTOR has
good title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have
quiet and peaceable possession thereof; and shall have a free and unrestricted right to access and
maintain said improvements for the purpose of constructing and/or improving storm drainage distribution
facilities as necessary.
CITY OF BOZEMAN PROJECT NAME:BMX PARK STORM IMPROVEMENTS Parcel 2
PROJECT*4535.11402.12 Page 4 of 5
2591991 Page 2 of 5 09/06/201 7 0213:25 PM
Upon completion of said project for which access is hereby provided,the CITY OF BOZEMAN shall restore
the property as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to hold
GRANTOR harmless from any and all liability that may result or arise from the exercise of the rights granted
hereby.
GEORGE E.WESTLAKE D.K.MARTINEN, LLC,A WASHINGTON
LIMITED LIABILITY CORPORATION
George E_Westlake Kay R-M4 n n
D.K. Martinen, LLC_, its Manager
ACKNOWLEDGMENT OF GRANTORS
STATE OF Wr`!?�
ss
County of )
On this OAday of . 2011—, before me, the undersigned, a Notary Public in and for
the said State, personally appichred the Grantor, George E. Westlake, known to me to be the identical
individual who executed the foregoing instrument, who acknowledged to me that the individual executed
the same as the free and voluntary act of said grantor, with full authority to do so and with full knowledge
of its contents,for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
Notary Public No ary Public in and for the State
State of Washington My Commission Expires: 0 /
ANGELA N PITSUt
My Appointment Expires Oct 3,2017
CITY OF BOZEMAN PROJECT NAME:BMX PARK STORM IMPROVEMENTS Parcel 2
PROJECT#:4535.11402.12 Page 2 of 5
2591991 Page 3 of 5 09/06/201 7 02.13.25 PM
STATE OF
)ss
County of mc4 )
On this 2L11 day of_ 24L before me,the undersigned,a Notary Public in and for
the said State, personally appe r d the Grantor, Kay H. Martinen,Manager of D.K. MARTINEN, LLC,A
WASHINGTON LIMITED LIABILITY CORPORATION, known to me to be the identical individual who
executed the foregoing instrument,who acknowledged to me that the individual executed the same as the
free and voluntary act of said grantor, with full authority to do so and with full knowledge of its contents,
for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
Notary Public Notary Public in and for the St4te of t,(,W
State 9f Washington My Commission Expires: 61
MANDI SOPTICH
My Appointment Expires Jan 9,2018
CITY OF BOZEMAN PROJECT NAME:BMX PARK STORM IMPROVEMENTS Parcel 2
PROJECT#.,4535.11402-12 Page 3 of 5
2591991 Page 4 of 5 09/06/201 7 02.13.25 PM
CERTIFICATE OF ACCEPTANCE
THIS 1S TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana,
Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby
accepts for public purposes, the real property, or interest therein, described in this instrument and
consents to the recordation thereof:
CITY OF BOZEMAN
By:bennis Taylor
Interim City Manager OZE,'
'�yO� •• • •• �/..'.
ATTEST: � �, =�`•`+��� '
r�,,• �•:6 d t 4
By: Robin Crough ; - •
City Clerk • ' ; � •Q:
C9�L'`1TIN CO'51.
STATE OF MONTANA )
)ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this Wll�'day of a�j �
20,01by Dennis Taylor and Robin Clough, known to me to be the Interim City Manager a d City ty Clerk
for the City of Bozeman and the persons whose names are subscribed to this 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 official seal this day and year
above written.
' BRENDA SWEENEY
F''= Notary Public —
'mQNosnp,q�y``�' for the State of Montana Notary�Public in and fort e Me of Montana
Residing at: My Commission Expires:
*' SEAL; * Bozeman, Montana
u� My Commission Expires:
,y ,„ ►A';� Y December 02 2018
CITY OF BOZEMAN PROJECT NAME:BMX PARK STORM IMPROVEMENTS Parcel 2
PROJECT#:4535.11402,12 Page 4 of 5
2591991 Page 5 of 5 09/06/201 7 02:13:25 PM
Current Owner:
George E.Westlake and L1 N 89"54'32"E,30.00 FEET
D.K.Martinen,L-C. L2 S 00"00'10"W,99.36 FEET
L3 S 26"35'31"E,143.74 FEET
L4 S 89"54'32"W,33.52 FEET
LOT 2 OF BLOCK 1 OF L5 N 26"35'31"W,135.87 FEET
WESTLAKE'S FOURTH L6 N 00°00'10"E,106.40 FEET
SUBDIVISION
SEC.1,T2S,R5E
EXISTING
POB PROPERTY
LINE(TYP)
CD
1
\\\PARCEL2 w
\ \NEW STORM \\\ \\\ \\\ \\\ \\\\ \\\ \\ z
: \\\\\DRAIN \\\\\\\\\\\\\\ \\\ \\\\\\\\ \ w
\\\\EASEMENT a
=: \
EXISTING 10-FT\ALLEY WAY
\\\\ I=—
\\\ (; (PLAT 25). \\\\ O
2
t—
d'w
VACATED ~z
10-FT >
ALLEY WAY Z Q
(20FM393)
R/W Legend
® Existing Road Right-of-Way
New Storm Drain Easement SCALE IN r:Er
Area Remaining
Lot Two (2) of Block One (1) of Westlake's Fourth Subdivision to the City of Bozeman, Montana,
according to the official plat thereof on file and of record in the office of the County Clerk and
Recorder,Gallatin County,Montana;(deed reference:2537358).
Said storm drain easement is more particularly described as:
Beginning at the Northwest corner of Lot 2 of Block 1, and the Northwest corner of the easement
herein described, said point of beginning; Thence, from said point of beginning, N 89" 54' 32" E,
30.00 feet along the North line of Lot 2;Thence, S 00"00'10"W,99.36 feet; Thence, S 26°35'31"
E,143.74 feet to the South line of Lot 2;Thence, S 89°54'32"W,33.52 feet along the South line of
Lot 2; Thence, N 26° 35' 31" W, 135.87 feet to the West line of Lot 2; Thence, N 00" 00' 10" E,
106.40 feet along the West line of Lot 2 to the North line of Lot 2 and the point of beginning, and
containing 7,281 sgft.,more or less.
Ri ht of WayRe wired for the PROJECT: ade.11,Ia a
BMX Park StormImprovements Project °ATEi enerzmr
FOWL City of Bozeman,Montana EXHIBIT A
PARCEL 2 Page 5 of 5