HomeMy WebLinkAbout17- Public Use Easement - Baxter Meadows Land Partners, LLC - Baxter Lane Roadway Improvements, Parcel 1A . RITE
MONTANATIT AND pW
ORDER V_ �f_ _ Page;2576391
/2017 12:49:43 PM Fee. $28.00
Charlotte Mills -I Gallatin County, MT MISC IIIIIII II III III IIII IIII II IIIIII IIII IIII IIIII IIII II II IIIIIII III IIIII IIIII IIIII IIII IIII
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DOWL
2090 Stadium Drive
Bozeman, MT 59715
r`oF soz�.<t PROJECT NAME:BAXTER LANE
CITY OF BOZEMAN ROADWAY IMPROVEMENTS
Engineering Division
Public Works Department PROJECT#: 4524.11402.01
PARCELM 1A
PUBLIC USE EASEMENT
PUBLIC USE EASEMENT
THE GRANTOR(S), BAXTER MEADOWS LAND PARTNERS, LLC., a Utah limited liability company,
whose address is 12388 Timberline Dr., Highland, UT 84003-8916, 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, a tract of land located in Lot R of the Plat of Baxter
Meadows Subdivision, Phase 26, in the 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, Gallatin County,
Montana (Plat J-506), more particularly described as follows and as shown on Exhibit A;
Beginning at the southeast corner of the easement herein described, being a point on the west right-
of-way of Davis Lane, from which point the southeast corner of Section 34, T1S, R5E, P.M.M., bears
S 2° 37' 19" E, 711.20 feet, said point of beginning; Thence, from said point of beginning, N 89' 08'
19" W, 83.00 feet along the south line of Lot R; Thence, N 01' 24' 34" E, 97.31 feet; Thence, S 88'
36' 47" E, 83.00 feet to the west right-of-way of Davis Lane; Thence, S 01' 24' 34" W, 96.54 feet
along the west right-of-way of Davis Lane to the point of beginning, and containing 8,045 sqft, 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:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 1A
PROJECT#:4524.11402.01 Page 1 of 4
BAXTER MEADOWS LAND PARTNERS, LLC.,A UTAH LIMITED LIABILITY COMPANY
N me:William urnbull
Title: Manager of BMLP Management, LLC., A Utah Limited Liability Company, Manager of Baxter
Meadows Land Partners, LLC., A Utah Limited Liability Company
ACKNOWLEDGMENT OF GRANTOR
STATE OF U fC,4 )
I ) ss
County of U� )
On this I day of 2017, before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, William Turnbull, Manager of BMLP Management,
LLC., A Utah Limited Liability Company, Manager of Baxter Meadows Land Partners, LLC., a Utah
Limited Liability Company, 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 company, 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 V �1
My Commission Expires: 7/,'y/ntf7
NOTARY PUBLIC
MARK SMITH
690095
COMMISSION EXPIRES
JULY 18,2020
STATE OF UTAH
CITY OF BOZEMAN PROJECT NAME:BAxTER LANE ROADWAY IMPROVEMENTS Parcel 1A
PROJECT#:4524.11402.01 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
Date:
By: GhFiKukkilski C, %Lcu_ '�NIVW�
Wig- ��
ATTEST: Bo
By: Robin Cro)jdh
City Clerk G�• ._- .-. •
��.�• 1883
CO. 1,10,
STATE OF MONTANA )
)ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this 2 day of NlA,-ch
201'+ by end Robin Crough, known to me to be the City Manager and City Clerk for the
C
o ozeman and the persons whose names are subscribed to this instrument, and acknowledged to
hat they executed the same for and on behalf of the City of Bozeman.
ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
e written.
Notary Public in and or the St to of Montana
My Commission Expires: 3 1d 2
PEARL MICHALSON
Notary Public
zQ�•NOTARlq�y- for the State of Montana
Rcsiding at:
;.SEAL.-,, Rozeman, Montana
°9�oF N.... My Commission Expires:
March 10,2020
CITY OF BOZEMAN PROJECT NAME: BAXTER LANE ROADWAY IMPROVEMENTS Parcel 1A
PROJECT#:4524.11402.01 Page 3 of 4
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
Current Owner: \
\\\\\\\\\\\Baxt r Meadowaxter s Land
Lane Partners LLC. \\\\\\\\\\
\\\\\\\\\\\Bozeman,MT 59718 \\\\\\\\\\
\\\\\\\\\\\\\\ \\\\\\\\\\EXSTING\ \\\\\
\\\\\\\\\\ EASEMENT
\\\\\\\\\ L O F BAXTERM MEADOWS \\\\\\\\\\\\\\\
\\\\\\\\\SUBDIVISION,PHASE 2B IN\\\\\\\\\\\\\\\\
\\\\\\\\ SEC.34,T1S,R5E \\\\\\\\\\\ \\\
\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\
\ \\ \\\ \\ \\ \\\ \\ \\\ \\\ N
\\\L3\\\ Q
\\\ 8\\\\\'L2 N 19248349 T
E 9731 FEET \
\\\\\\\\1-3 S 88°36'47"E,83.00 FEET \\\\J J
\\\ \\\ L4 S 1°24'34"W,96.54 FEET
L1
EXISTING PARCEL 1A PUE POB
PROPERTY NEW PUBLIC USE
LINE EASEMENT
R/W Legend
® Existing Easement
New Public Use Easement
N 40 0 40 so
Area Remaining (�
�J 90A1E IN FFET iiiio
A public use easement to the City of Bozeman, located in Lot R of the Plat of Baxter Meadows
Subdivision, Phase 26, in the City of Bozeman, Gallatin County, Montana, more particularly
described as follows;
Beginning at the southeast corner of the easement herein described, being a point on the west
right-of-way of Davis Lane,from which point the southeast corner of Section 34,T1S, RSE, P.M.M.,
bears S 2°37' 19" E, 711.20 feet, said point of beginning; Thence, from said point of beginning, N
89°08'19"W,83.00 feet along the south line of Lot R;Thence, N 01°24'34"E,97.31 feet;Thence,
S 88°36'47" E, 83.00 feet to the west right-of-way of Davis Lane;Thence, S 01°24'34"W,96.54
feet along the west right-of-way of Davis Lane to the point of beginning, and containing 8,045 sqft,
more or less.
Right of Way q DATE. 2Il M16
Re uired for Baxter Lane and P�MT-. 4fi 4.r14 1
Davis Lane Roadway Improvements
D OWL City of Bozeman,Montana EXHIBIT A
2°6"°""a.," Doz—==Ill PARCEL 1A
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