HomeMy WebLinkAbout17- Storm Drain Easement - Darlinton Manor HP-HRDC Limited Partnership - BMX Park Storm Improvements, Parcel 1 PLATTED
2591990
Return to: Page: 1 of 4 09/06/2017 02:13:25 PM Fee. $28.00
Charlotte Mills - Gallatin County, MT MISC
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2090 Stadium Drive
Bozeman, MT 59715
so2��r PROJECT NAME: BMX PARK STORM
CITY OF BOZEMAN IMPROVEMENTS
Engineering Division PROJECT#•' 4535.11402.12
9 �< Public Works Department
8 0�'� PARCEL#: 1
CO. STORM DRAIN EASEMENT
THE GRANTOR, DARLINTON MANOR HP/HRDC LIMITED PARTNERSHIP, a Montana Limited
Partnership, whose address is 1915 Morena Blvd., San Diego, CA 92110, 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 One (1) of Block Two (2) of the Correction Plat of Westlake's First Addition 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:2000667).
Said storm drain easement is depicted on Exhibit A attached hereto and more particularly described
as:
Beginning at the Northeast corner of Lot 1 of Block 2 and the Northwest corner of the North 4th
Avenue right-of-way, said point of beginning; Thence, from said point of beginning, S 000 05' 28" E,
28.41 feet along the East line cl'Lot 1 and the West right-of-way of North 4th Avenue; Thence, N 26°
35' 31" W, 31.74 feet to the North line of Lot 1; Thence, N 89° 54' 32" E, 14.16 feet along the North
line of Lot 1 to the Northeast corner of Lot 1 and the Northwest corner of the North 4th Avenue right-
of-way to the point of beginning, and containing 201 sgft., 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 1
PROJECT#:4535.11402.12 Page 1 of 4
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.
DARLINT N NOR HP RDC LIMITED PARTNERSHIP
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Jc F�a ,
Name:
Title:
ACKNOWLEDGMENT OF GRANTOR
STATE OF � )
) ss
County of
On this-#day of ,�;/,(� 20f ' before me, the undersigned, a Notary Public in and for
the said State, personally eared the Grantor, -201F-A/ g Rip Y , the
�FoU�i�¢L of DARLINTON MANOR H /P�HRbC LIM 11TEY PARTNERSHIP, a
Montana Limited Partnership, k n 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.
LLOMA�N.G�.�ON
commt wwwo2VAM z Notary Public in and for the State o
NOTAAA 0lT IIC ' ORNIA My Commission Expires:
Commission Expow Feftary 7,2020
CITY OF BOZEMAN PROJECT NAME:BMX PARK STORM IMPROVEMENTS Parcel 1
PROJECT#:4535.11402.12 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
l
By: Dennis Taylor
Interim City Manager
ATTEST:
#7
. ■ it
By: Robin Crough
City Clerk ? -
9L .
L�T CO IA9T •o—,
STATE OF MONTANA )
)Ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this z> `day of
20L:?by Dennis Taylor and Robin Crough, known to me to be the Interim 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.
E3 ENO SWEENEY
,.�Q . Notary Public Notary Public in and for the ate of Montana
m;NOTAAiq� <' for the State of Montana
* *= Residing at: My Commission Expires:
9.SEAL.2Q; Bozeman, Montana
li;- P; MY Commission Expires:
December 02,2618
CITY OF BOZEMAN PROJECT NAME:BMX PARK STORM IMPROVEMENTS Parcel 1
PROJECT#:4535.11402.12 Page 3 of 4
Current Owner:
Darlinton Manor HP/HRDC L1 S 000 05'28" E,28.41 FEET
Limited Partnership L2 N 26° 35' 31" W, 31.74 FEET
L3 N 89° 54'32" E, 14.16 FEET
LOT 1 OF BLOCK 2 OF THE
CORRECTION PLAT OF
WESTLAKE'S FIRST ADDITION
SEC. 1, T2S, R5E
VACATED 10-FT ALLEY \
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PARCEL1
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EXISTING \\\\\\\\\\\\\ >
PROPERTY \\\\ \\\\\\\\ Q
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WEST PEACH STREET
R/W Legend
® Existing Road Right-of-Way
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New Storm Drain Easement ® SCALE IN FEET
Area Remaining I
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Lot One (1) of Block Two (2) of the Correction Plat of Westlake's First Addition 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: 2000667).
Said storm drain easement is more particularly described as:
Beginning at the Northeast corner of Lot 1 of Block 2 and the Northwest corner of the North 4th
Avenue right-of-way, said point of beginning; Thence, from said point of beginning, S 00° 05' 28" E,
28.41 feet along the East line of Lot 1 and the West right-of-way of North 4th Avenue; Thence, N 26°
35' 31" W, 31.74 feet to the North line of Lot 1: Thence. N 89° 54' 89" F 1d 1F fmat ninnn rho nlr%rth