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Home My WebLink About16- Public Use Easement - Annie Subdivision, Phase 2 Owner's Association - North 27th Ave Roadway Improvements Project Return to: City of Bozeman City Clerk 2560563 PO Box 1230 Page: 1 of 4 10/13/2016 10:36:04 RM Fee: $28.00 Bozeman, MT 59771-1230 Charlotte Mills - Gallatin County MT MISc Return to: L PLATTED 2090 um Drive Bozeman, 9715 'so2., PROJECT NAME:N.27TH AVE. 9 CITY OF BOZEMAN ROADWAY IMPROVEMENTS * - Engineering Division PROJECT#: 4524.11748.01 Public Works Department PARCEL#:5D-1' PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTOR(S), AMENDED PLAT OF LOT 5, ANNIE SUBDIVISION, PHASE 2 OWNER'S ASSOCIATION, a Montana Corporation, whose address is P.O. Box 11889, Bozeman, MT 59719, for and in consideration of Ten and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and warrants to 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, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following- described tract of land located in Gallatin County, Montana: A public use easement to the City of Bozeman, in Common Open Space A of Amended Plat of Lot 5 of Annie Subdivision, Phase 2, to the City of Bozeman, situated in the NE%4 and SEY4 of Section 2, Township 2 South, Range 5 East, City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, more particularly described as follows; Beginning at the southwest corner of the easement herein described, being a point on the east right- of-way of North 27th Avenue, from which point the center of Section 2, T2S, R5E, P.M.M., bears S 030 46' 55" W, 1211.97 feet, said point of beginning; Thence, from said point of beginning, N 010 39' 15" E, 89.52 feet along the east right-of-way of North 27th Avenue to the south right-of-way of Tschache Lane; Thence, N 890 43' 16" E, 107.41 feet along the south right-of-way of Tschache Lane; Thence, S 01° 39' 15" W, 89.52 feet along the east line of Common Open Space A in Plat J-204-A; Thence, S 890 43' 17" W, 107.41 feet along the east line of Common Open Space A in Plat J-204-A to the east right-of-way of North 27th Avenue to the point of beginning, and containing 9,610 sq. ft., more or less and 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 maintain said facilities as long as the right-of-way of which this easement area is a part, remains a public way. CITY OF BOZEMAN PROJECT NAME:N.27TH AVE.ROADWAY IMPROVEMENTS Parcel 5D-1 PROJECT*4524.11748.01 Page 1 of 4 AMENDED PLAT OF LOT 5, ANNIE SUBDIVISION, PHASE 2 OWNER'S ASSOCIATION "'Z� 'q— Jere Shea / RegIstered Agent ACKNOWLEDGMENT OF GRANTOR STATE OF Wlo►t ) ) ss County of rrAlle ij ) On this &PI- day of 0,:66t.4,, 20L(a, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, Jeremy Shea, the Registered Agent of AMENDED PLAT OF LOT 5, ANNIE SUBDIVISION, PHASE 2 OWNER'S ASSOCIATION, a Montana 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 in and for the State of -Pt"vy My Commission Expires: aNY GqO L HONY GADDO s . ' O': Notary Public �.NOTARrq�:o f State of Montana * *_ Residing at: m9 SEA,�, eman, Montana mmission Expires:nuary 30, 2019 CITY OF BOZEMAN PROJECT NAME:N.27TH AVE.ROADWAY IMPROVEMENTS Parcel 5D-1 PROJECT*4524.11748.01 Page 2 of 4 CERTIFICATE OF ACCEPTANCE THIS IS 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 C lA�\A_�X� Date: By: Chris Kukulski City Manager ATTEST: w o < By: Robin''Crougt City Clerk- w ° G C� m STATE OF MONTANA ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this day of QGI-c)bLr 20 1�by Chris Kukulski and Robin Crough, known to me to be the City Manager and City 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. vA/yj' PEARL MICHALSON Qom. �< Notary Notary Public in and for the State of Montana a oTAq,q�sz=for the State of Montana My Commission Expires: Tf? * SEAL. ' Rcsiding at: 9. ��; Bozeman, Montana 1- 7< o. Mo�P' MY Commission Expires: March 10,2020 CITY OF BOZEMAN PROJECT NAME: N.27TH AVE.ROADWAY IMPROVEMENTS Parcel 5D-1 PROJECT*4524.11748.01 Page 3 of 4 j TSCHACIiE LN.I PARCEL 5D-1 PUE L2� NEW PUBLIC USE EASEMENT POB ti 1 EXISTING PROPERTY LINE Common Open Space A of Amended Plat of Lot 5, Annie Subdivision, Phase 2 w/ SEC. 2, T2S, R5E X/ BREEZE LN. LL w/ Current Owner. Q% Phase 2 Property Owners Association, Inc. N� 130 Nautique Way i Belgrade, MT 59714-9313 i L1 N 01° 39' 15" E, 89.52 FEET L2 N 89° 43' 16" E, 107.41 FEET L3 S 01' 39' 15" W, 89.52 FEET L4 S 89' 43' 17" W, 107.41 FEET /w CENTER OF SEC.,2 j��' R/W Legend ® Existing Easement New Public Use Easement L= 100 0 t00 200 N SCALE IN FEET Area Remaining V A public use easement to the City of Bozeman, in Common Open Space A of Amended Plat of Lot 5 of Annie Subdivision, Phase 2, to the City of Bozeman, situated in the NE'/4 and SE% of Section 2, Township 2 South, Range 5 East, City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, more particularly described as follows; Beginning at the southwest corner of the easement herein described, being a point on the east right-of-way of North 27th Avenue, from which point the center of Section 2, T2S, R5E, P.M.M., bears S 03° 46' 55" W, 1211.97 feet, said point of beginning; Thence, from said point of beginning, N 01' 39' 15" E, 89.52 feet along the east right-of-way of North 27th Avenue to the south right-of-way of Tschache Lane; Thence, N 89' 43' 16" E, 107.41 feet along the south right-of-way of Tschache Lane; Thence, S 01' 39' 15" W, 89.52 feet along the east line of Common Open Space A in Plat J-204-A; Thence, S 89' 43' 17" W, 107.41 feet along the east line of Common Open Space A in Plat J-204-A to the east right-of-way of North 27th Avenue to the point of beginning, and containing 9,610 sgft, more or less. Right of Way Required for North 27th Avenue PROJECT: 4524,11748.01 Roadway Improvements DATE: 9/22016 B O W L City of Bozeman, Montana EXHIBIT A 2090 Sta6-8d mdive eeremsn,rnonmnessT,s PARCEL 5D-1 Page 4 of 4 40G-50&5834 Iwunv.dowl.com