HomeMy WebLinkAbout17- Storm Drain Easement - G. Westlake and D.K. Martinen - BMX Park Storm Improvements, Parcel 2 PLATTED
2591991
Return to: Page: 1 of 5 09/06/2017 02:13:25 PM Fee $35.00
DOWCharlotte Mills - Gallatin County, MT MISC
2090 I IIIIIII IIIIII III IIII IIIIIII IIIIII III IIII IIII IIIII III I IIIIIII III IIIII IIIII IIIII IIII IIII 2090 Stadium Drive
Bozeman, MT 59715
I3rb PROJECT NAME:BMX PARK STORM
y U q CITY OF BOZEMAN IMPROVEMENTS
�* Engineering Division
M PROJECT M 4535.11402.12
Public Works Department
�9a 88 Qom,` PARCEL#:2
°M ' STORM DRAIN EASEMENT
THE GRANTORS, GEORGE E. WESTLAKE, 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 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 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 1 of 5
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 H_ Llaftin6fi
D.K. Martinen, LLC.. its Manager
ACKNOWLEDGMENT OF GRANTORS
STATE OF
)SS
County of )
On this HdAday of 20IT before me, the undersigned, a Notary Public in and for
the said State, personally ap red 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 f Q iGL �z2`
State of Washington My Commission Expires: o o 3Z >
ANGELA N PITSUL
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
STATE OF i6 ,,&- 'hj
)ss;
County of
On this ZU)t'- day of I,,t 20L.. before me,the undersigned, a Notary Public in and for
the said State, personally appear 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 St to of
State of Washington My Commission Expires: J7),
MANDI SOPTICH
My Appointment Expires Jan 9,2018
CITY OF BOZEMAN PROJECT NAME:BMX PARK STORNI IMPROVENIENTS Parcel 2
PROJECT#:4535.11402.12 Page 3 of 5
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
By:bennis Taylor
Interim City Manager
ATTEST:
By: Robin Crough ° y~�,y . • z
City Clerk C �371
. 1 o
`9TIN CO'
STATE OF MONTANA }
)ss.
County of Gallatin }
The foregoing instrument was acknowledged before me this �'jqll day of
20J7by Dennis Taylor and Robin Crough, 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.
ASwF BRENDA SWEENEY
"aa _1
Notary Public _ --a
m?'�oTnA�gl�'<`for the State of Montana Notary Public in and fort e S e of Montana
Residing at: My Commission Expires: /'--Z
rrj� SEAT.., '�: Bozeman, Montana
�� ` ``' MyCommisslorlExpires:
December 02 2018
CITY OF BOZEMAN PROJECT NAME:BMX PARK STORM IMPROVEMENTS Parcel 2
PROJECT#:4535.11402.12 Page 4 of 5
Current Owner:
George E. Westlake and L1 N 89' 54' 32" E, 30.00 FEET
D.K. Martinen, LLC. 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
POB EXISTING
PROPERTY
LINE (TYP)
L1
::
\\\\\ PARCEL2 \\\\\\\\\\\\\ \\\\\\\\ \\\\\\ w
\ \\NEW STORM \\\\\\\\ \\\\\\\\ \\\\\\\\\\ z
!\\ \\DRAIN �\ \\\ \\\\ \\\ \\\\ \\\ \\\ w
\�\\EASEMENT \\\\\\\\\\\\\\\\\\\\\\\\\\\\\ Q
\\\\EXISTING 10-FT
\\ \\ \\\ \\\\ \\\ \\\\\\ ALLEY WAY \\\\
\\\(PLAT F-25) \\ O
777777
W
VACATED F-- z
10-FT 01-O
ALLEY WAY z a
(20FM393)
R/W Legend
® Existing Road Right-of-Way W 0 so 100
New Storm Drain Easement SCALE
IN +ter
Area Remaining N
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
I nt 9- ThennP N 7Ri° ��i' -'�1" \A/ 135 R7 fnnt +n +ha Wnc+ lino of I n+ ')- Tho. n nI nno nn, 1nv, C