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HomeMy WebLinkAbout5-10 Instrument #2207561 After Recording Please Return To Katherine A. Baker Goetz, Gallik& Baldwin P.C. 35 North Grand P.O. Box 6580 Bozeman, Montana 59771-6580 PUBLIC STREET EASEMENT Fairview Investments, L.L.C., of 1725 DeSales Street N.W., Suite 900, Washington, DC 20036, the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, with address of 411 East Main Street, Bozeman, Montana 59771, the GRANTEE, its successors and assigns, perpetual street and utility easements for the use of the public in, through, and across a strip of land situated in Gallatin County, Montana, the locations of which are shown and described as follows: A. A public street and utility easement, Fifty(50) feet wide, to be located on a portion of Tract 1 of C.O.S. 1256 in NE % of Section 2, T2S, RSE, City of Bozeman, Gallatin County, the location of which is more particularly shown and described on Exhibit"A" attached hereto and which by this reference is fully incorporated herein. (Baxter Lane) B. A public street and utility easement, Forty-five (45) feet wide, to be located on a portion of Tract 1 of C.O.S. 1256 in NE %< of Section 2, T2S, RSE, City of Bozeman, Gallatin County, the location of which is more particularly shown and described on Exhibit "B" attached hereto and which by this reference is fully incorporated herein. (North 27`h Avenue) Page; 1 2207f i l 11�14111111111111 1III111114i�1111111111111 1 Shallay Vanoa-Gallatin Cc MT MISC 97.00 C. A public street and utility easement, Thirty (30) feet wide, to be located on a portion of Tract 1 of C.O.S. 1256 in NE '/4 of Section 2, T2S, RSE, City of Bozeman, Gallatin County, the location of which is more particularly shown and described on Exhibit"C" attached hereto and which by this reference is fully incorporated herein. (Tschache Lane) D. A public street and utility easement, Sixty(60) feet wide, to be located on a portion of Tract 1 of C.O.S. 1256 in NE '/4 of Section 2, T2S, RSE, City of Bozeman, Gallatin County, the location of which is more particularly shown and described on Exhibit"D" attached hereto and which by this reference is fully incorporated herein. (West Winds Lane) The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, and that it has a lawful right to convey the property, or any part of it. The GRANTEE agrees that GRANTEE, its successors and assigns, is solely responsible for all maintenance and repair of the above-described easements. The GRANTOR agrees that 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 day of September, 2005. AN Inves a ts, L. . I iilll iiiili iliill III iliilll iii Iliii iili ills Pass:2� f I� I iilliiiNll Shelley Vanos-Gallatin Co MT M1SC 97.eO i STATE OF MONTANA ) )SS. County of Gallatin ) On thi day of September, 2005, before me the undersigned, a Notary Public for the State of Montana, personally appeared Kingdon Gould IV, known to me to be a Member of Fairview Investments, L.L.C., the _limited liability company that executed this document, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written_ tayry�J Pu lic fo/r�the St of Montana (,:':• (Print name) w'-a (SEAL) Residing at: My commission expires: f ' r o "ACCEPTED: 09,�,z A!% CITY OF BOZEMA by its C,tu magekaer ATT ST: 0 0 C er of the City Commission STATE OF MONTANA ) ) ss. County of Gallatin ) ct- -4r On this 'day of�, 2005, before me the undersigned, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission 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 seal the date first above written. Notary f�lid thWState of Montana (Print name) SEAL Residing - My commission All< expires: �Z IIIIIII ff !! ff II ff II IIII Paw 3 of 11 2207561 10/28/2006 0 50 Shelley V\n0O-0411atln Cc MT RISC 97.00 I EXHIBIT A PUBLIC STREET EASEMENT BEING ON A PORTION OF TRACT 1 OF CERTIFICATE OP SURVEY No.1256 LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA Z Z z 1= I o�� I� L Q N W W lnxo ¢�^ o� In$ Z 6 0 m� Ogm'Z ,z0 6S V) m.'Gz l�.Ios iih°'�• ;ji c,l Q • }ys �Ip1 �X a I � N N rT p> �.el rJZ m Z 'M� "i Fvj m If) ' �In ail 0 Z # } a±': V 5, m C7 ih !}Ei ;"I W f'4 W Z W zm Gi W °ftari�rerF —.1— N i Ln 1a iiCif i3 r�1 I 0 50 11b 150 (14 � o SCALE: 1 INCH-100 FEET Ih In 0 I Z i uT a 0 i :N• wiu i'ww�n'ia was AMECr 91M[IOk MT Stu-.01' J l'i"il L+ny,ncenly5 laM Surveying curl er.wo 2(7G 2 1/45ac. T. A. Gwlcchnicnl EN�liaccring n11"'T I+"'1"""=' IEaclay�r wr wm,EST x.o�osx ALLIED ® 2 2S I 5E ufOweamNo Swctuaal FnyinWring 0A1e aplps �F-uX a11x1Et. 220? ral f 11 Shelley V&mce-Gallatin Cc MT MISC 97.00 I I EXHIBIT A PUBLIC STREET EASEMENT LEGAL.DESCRIPTION A public street easement, being on a portion of Tract 1 of Certificate of Survey No. 1256, located in the Northeast One—Quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: Beginning at the North One—Quarter Corner of said Section 2 said point also being the Northwest Corner of said Tract 1; thence North 89'45'18" East, along the north line of said Tract 1 a distance of 661.27 feet to the Northeast Corner of said Tract 1; thence South 01'31'20" West, along the east line of said Tract 1 a distance of 50.02 feet; thence South 89'45'18" West, a distance of 661.26 feet to a point on the west line of said Tract 1; thence North 01'31'11" East, along said west line a distance of 50.02 feet to the Point of Beginning. Said easement being 0,76 acres, along with and subject to any existing easements. a D K X G {G,7 N 6 I T 3 9 61 I N O O J Ci,il P.nglaceriay I nro.Ecr aumcroR:al 5F31�:1' Lund SurvCYing uon���w,�.nsrnx nu.,sr.uro ]<OF2 I/4 Sec. i. R. Gm4ch,w;nl Eaginccm,g m,a i.",a.nnvi R["[aeo•n..rt na.ier x.nsoef ALLIED ® 2 25 SE muur�wtw Srmnuwl engmccriaK ouc a•p�/ee V-cnec e,xrta. I J f I l 2207561 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIII IIII IIII P0/26/2006 04:64P Shelley Vance-Gallatin Cc MT MISC 97.00 EXHIBIT B PUBLIC STREET EASEMENT BEING ON A PORTION OF TRACT I OF CERTIFICATE OF SURVEY No.1256 LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL.MERIDIAN MONTANA, CITY OF BOZEMAN,GALI.ATIN COITNTy,MONTANA 3 MINOR SION SUNo 210 N89'45'18"E 45.02' N. BAXTER LANE-�-- POINT pF --—` ———— — — —— BEGINNING I '' 'yEl4 50' WIDE BAXTER LANE I EASEMENT 32.5' WIDE I An EXISTING PUBLIC--I STREET EASEMENT I PV i P'6 60' WIDE i tm'y PUBLIC SEASEMETREET CIDS, Ii� —_—y----- -- cVui EN -� M_ I f E 4 SE W 2 Z o "rN TRACT 1,256 Nw1 SS R0 ^ eN!e C.0•S N � Isla_ MI IS ;>, M Zs mil `^ I l�sd: N 45 WIDE 30' WIDE NORTH 27th TSCHACHE LANE H€ AVENUE EASEMENT a €fix EASEMENT I —————————— ————— 16 S89'46'22"w aoo soo 45.02' LOT 5 pk. IIFA SE pA l( sca : I IMpI-xo0gEl7 I NNIE 7U8`2O4BLICUB, PH. AO II N A PLAT LAT J�20 I � I o 0 N Civil P`--ieg MIPR1ef AIIA[YOR;MT $HLL•1' J 'a'WN eitr�e I/4 Sec. T- q. l.m�d 5 oylug xw�ne. ewe er.• 2 nI;2 LIED GcoacMinl6uitiucrnoglioyfusm Kn.nor nao:[ern.oe-ma ® 2 2$ 5E dfEERi/q 5lrucmMl EnYimcwing I Ar(ulfiu.sfai o.m wReR+ �z-utE nm.y.t -n III Irl 2207561 Pas*: E of 11 10, IIIIIIIIIIIIIIIIIIIIIIIIII 111 llllllf 111 lull if ll l 26/2006 04.64P 6ft�ll�y Vano�-Qallatln Cc MT MISC 97.00 i EXHIBIT B PUBLIC STREET EASEMENT LEGAL DESCRIPTION A public street easement, being on a portion of Tract 1 of Certificate of Survey No. 1256, located in the Northeast One—Quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: Beginning at the North One—Quarter Corner of said Section 2 said point also being the Northwest Corner of said Tract 1; thence North 89'45'18" East, along the north line of said Tract 1 a distance of 45.02 feet; thence South 01'31'11" West, a distance of 1325.27 feet to a point on the south line of said Tract 1; thence South 89'46'22" West, along said south line a distance of 45.02 feet to the Southwest Corner of said Tract 1; thence North 01'31'11" East, along the west line of said Tract 1 a distance of 1325.26 feet to the Point of Beginning. Said easement being 1.37 acres, along with and subject to any existing easements. 9 r` N N Q W I r P 3 Y `u a m 0 ry 0 i g J (:ivll Lnylrtcc,iny /OOE1Cr A11[IOk NT KHI:ICI' v otrvg AA Land surcying nun�.r.n Ipr11 lY:Ina I Ql'L GIIIBCI�NO LIED I caa�tn d„I e �I n,nnnl«e,wvr KK.eo n ur M6lCT�.e_ ® 2 2S 5E S6iic, I Engi—ing 'ufWi471 wr"a/7�Ne �z-uar xnllwo 11 I ++ 2207561 page!0/2812005 04:64P Shelley Vanoo-Gallatin Co MT MISC 97.00 i EXHIBIT C PUBLIC STREET EASEMENT BEING ON A PORTION OF TRACT I OF CERTIFICATE.OF SURVEY No,1256 LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDLAN MONTANA, CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA I O cv aNM ovz I �Zz I � S01'31'20"W 3e0.aa01' 11R S�A' I3 g z oaF_ 65 w W 'y}'s��lie U"A 0 SO 700 ISO M V< SCALE+I INCH 100 FM tS�Rt Y d� �¢ N RP � Vlm�d Wj O 7 Z F1 C _ 4 Lo WI fo m V/ N N to t0 � s} W — W r W Z wN�w &nil OJ�� u =wZ a a 0 a — W �NfSf. sot aI'i t'w 1295. 1 W a �Z z H � o � o wmm Z7 rto m° a vWi C� a (y O H ;nzW G Z o NF W lVa..l� [� M W W L O W� \41 2 }' U Z l:ivil P,nK3nccrinK �T tRw�[vok nrt SHliLI' J LaRxl SurvcYiuB arr er.xeo 2 OP 2 1/4 Sae r. R- ALLIED c�olcuwrnl a�nnRx '�°""1"'O"-�n enc.m m a:wrt ew.acr Kw ee-am ® CritlWxLtU110 54uclunl FnBinccfm peM 2 2S SE ����"r„n oArt:a w.w�.nncw llllll lllll lllll llllll llllll 111 lllllll 111 lllll llll llll L� � �aP Shelley Vance-Gallatin Co MT MISC 97.00 i I � EXHIBIT C PUBLIC STREET EASF,MENT LF,GAL DESCRIPTION A public street easement, being on a portion of Tract 1 of Certificate of Survey No. 1256, located in the Northeast One—Quarter of Section 2, 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 which bears South O1'31'11" West a distance of 1295.24 feet from the North One—Quarter Corner of said Section 2; thence North 89'46'22" East, a distance of 661.20 feet to a point on the east line of said Tract 1; thence South 01'31'20" West, along said east line a distance of 30.01 feet to the Southeast Corner of said Tract 1; thence South 89'46'22" West, along the south line of said Tract 1 a distance of 661.20 feet to the Southwest Corner of said Tract 1; thence North 01'31'11" East, along the west line of said Tract 1 a distance of 30.01 feet to the Point of Beginning. Said easement being 0.46 acres, along with and subject to any existing easements. W l2 a W I T N P 3 O 1O) O O l'ivit6ngln-ring rsutc.ac larritit;I' Lund S—oymg IxY,KM�in'frHx ERnuM e'!:K� l)1' 1/4 Sec T. R.. GeateGedcul G iaceru, vtmnclanr,nutn �a.:,cn nnuc*ne w-aex ALLIED ® 2 �25 5E' RnU1NLLR:NU SuucNnl Engineering oAIF:anvo V<u'<"^',ti 1IIIII IIIII�1III IIII�I III III IIIIIII III IIIII IIII IIII 2207561P Shelley Vance-Gallatin Cc MT MISC 97.00 I I ' EXHIBIT D PUBLIC STREET EASEMENT BEING ON A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY No.1256 LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA, CITY OF BOZF.MAN,GALLATIN COUNTY,MONTANA a u, N � O U Z 6 �In cd u a so too uo svae(wo(-100(UT S01'31'11'W 60.01' 3a��n`Ii''''�•t(((`E 'S w r 'F€atk'p 0 2 6q+xi£k -S p J Q Wtl . m w :F:aaei' cL a Fs, 1 �,.-00 00 y f ` gpi °° to to cj MUM. r� N i99 i N'a° ie eV w n w Z jnfz8iirt t 3 Z w z y o a w4 t��iifit(isaa .a Z1 €:aF�i•�; � 430,84' i ——————— fL. — — _ w 0 W N U 2 < Ozuj v � o a-Ln as o Z }� Z N F W Z nw X a: W 0 i i 0 N Civil 1®/4 sec T. R. ENOItIBER:Hn GcedL.�daiL cSne€iEnucyFceieoin m `qt 2o,2 OP 12 ALLIEDs,_i..I m' -m� z Fegie—mg 2 2S SE, o�m ap�/m Page: 1 2207561 P0/28/2005 04:84P Shelley Vance—Gallatin Co MT MISC 97.00 EXHIBIT D PUBLIC STREET EASEMENT LEGAI.DESCRIPTION A public street easement, being on a portion of Tract 1 of Certificate of Survey No. 1256, located in the Northeast One—Quarter of Section 2, 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 which bears South 01'31'11" West a distance of 430.84 feet from the North One—Quarter Corner of said Section 2; thence South 89'32'51" East, a distance of 383.88 feet; thence South 01'31'11" West, a distance of 60.01 feet; thence North 89'32'51" West, a distance of 383.58 feet to a point on the west line of said Tract 1; thence North 01'31'11" East, along said west line a distance of 60.01 feet to the Point of Beginning. Sold easement being 0.53 acres, along with and subject to any existing easements. D W K r V 7 m J a. W N 4 N N VI P 3 b O m G O N O 1 N N 8 CM,L+n intYring � � `nil s rl J , �^, r�v. �,r... I OF 2 1/4 .e T. fl. cmgsns,iuxl Engioccri„� nx»c,wyauaa ,mc.ey w:ar w,o�er".W-01 ALLIED .,,",.,;,, ® 2 2S SEA c"uwseurw swnunl enanccnng ox. a-w renen.rr 12207561 I�IIII4 Illll IClli Illlll IH 1012812005 012812006 M W Shelley Vance-Gallatin Ce MT MISC 97.00