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Home My WebLink About16- Public Use Easement - HD Development of Maryland, lnc. - Baxter Lane Roadway Improvements, Parcel 13-1 Y . � r„o ESCROW- 2569510 ��' ' CharrlottefMills 01Galla017 tin County06MTM Fee: $ZMISCC �P��o I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIII IIII. P Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 PROJECT NAME:BAxTER LANE e„S - CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division 'a; ';u • *' Public Works Department PROJECT#: 4524.11402.01 PARCEL#:13-1 PUBLIC USE EASEMENT PUBLIC USE(EASEMENT THE GRANTOR(S), HD DEVELOPMENT OF MARYLAND INC., a Maryland corporation, whose address is 2455 Paces Ferry Rd SE, Atlanta, Ga 30339-1834, 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 ("CITY OF BOZEMAN"), 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 ("Easement Area"): A public use easement to the City of Bozeman, located on Lot 1 of the final plat of Home Depot Minor Subdivision No. 319 of Section 2, T2S, R5E, M.P.M., Gallatin County, Montana, more particularly described as follows and as shown on Exhibit A; Beginning at the northeast corner of the easement herein described, being a point on the south right- of-way of Baxter Lane and west right-of-way of N. 19th Avenue, from which point the northeast corner of Section 2, T2S, R5E, P.M.M., bears N 00' 58' 53" E, 50.00 feet to the north section line of Section 2; Thence, S 89" 01' 07" E, 900.77 feet along the north section line of Section 2, said point of beginning; Thence, from said po.int of beginning, S 59' 06' 02" E, 18.10 feet along the west right-of- way of N. 19th Avenue; Thence along a curve to the left, having a radius of 1969.86 feet, a delta angle of 000 18' 32", and whose long chord bears S 150 02' 43" E, 10.62 feet along the west right-of-way of N. 19th Avenue; Thence, N 58° 25' 11" W, 27.97 fleet; Thence, N 890 01' 07" W, 171.38 feet to the west line of said tract; Thence, N 02' 53' 16" E, 5.00 feet along the west line of said tract to the south right-of-way of Baxter Lane; Thence, S 89' 01' 07" E, 176.66 feet along the south right-of-way of Baxter Lane to the point of beginning, and containing 1,036 sqft, more or less and as shown on Exhibit A. All improvements within the Easement Area are the property of the CITY OF BOZEMAN, removable at its option. The failure of the CITY OF BOZEMAN 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 Easement Area and covenants that Grantor will not interfere with the CITY OF BOZEMAN's free and unrestricted right to maintain public use facilities within the Easement Area as long as the right-of- way of which the Easement Area is a part remains a public way, subject to all existing liens, CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 13-1 PROJECT#:4524.11402.01 Page 1_of 4 0 encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Easement Area, whether or not of record. The CITY OF BOZEMAN shall adhere to all applicable laws and ordinances in utilizing this easement and shall be solely responsible, at its sole cost and expense, for securing all permits and all construction and maintenance associated with the Easement Area. The Grantor shall adhere to all applicable laws and ordinances in utilizing this easement. The grant of this easement is made on the express condition that Grantor is to be free from any and all liability by reason of the granting or use of this easement including, without limitation, injury or death to persons or property from whatever cause arising out of the CITY OF' BOZEMAN's, its contractors', agents', officers', members', employees', invitees', or licensee's exercise of rights granted herein or use of the easement. The CITY OF BOZEMAN hereby covenants and agrees to defend and indemnify Grantor, its officers, directors, employees, agents, and invitees and save them harmless from any and all liability, loss, costs or obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of, any such injury or loss caused or claimed to be caused by the exercise of this easement or use of this easement, however occurring, other than those caused solely by the willful or negligent acts or omissions of the Grantor. HD DEVELOPMENT OF MARYLAND INC. Nam Suzanne Russo Title: Senior Corporate Counsel Name: Title: ACKNOWLEDGMENT OF GRANTORS STATE OF ) )ss County of ) On this_& day of 20&, before me, the ndersigned, a �I9c�tary Public in and for the said State, personally appeared the Grantor, if zA.;lrlr-o_ K-yssO _,and Authorized Signatories of HD DEVELOPMENT OF MARYLAND INC., known to me to be the identical individuals who executed the foregoing instrument, who acknowledged to me that each 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. T NOTARY JA PUBLIC ry Public inlan-dNfa0he ate,of MY COMMISSION Q My Commission.Expires: — G EXPIRES JULY 23,2018 OWN, CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 13-1 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 therain, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN Date: — � 7 By: Chris Kukulski City Manager 13 0 a 7V�`w�� • ■ • ♦•.ram.'. ATTEST: . By: obin Crough ==' City Clerk •,' ��a� .��`. `9TIlU CC•� STATE OF MONTANA ) )ss_ County of Gallatin ) The foregoing instrument was acknowledged before me this day of �e►�� 20A 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. Notary Public in and for the State of Montana ti�M�CNq�s;' PEARLo MICHALS My Commission Expires: P&f24 -f 19, Z�z l'?l j;i for the a of Montana t Residing at: Bozeman, Montana (;)mmission Explros: 10.2020 ..`�Micyq' , PEARL MICHALSON Q. (s"; NOU.p Public a a;NOTARI,y�.Z for tl ie Stale of Montana t= Posicling at: d�.SEAL.� - I;c Montana My Commission Expiros: ' M March 10,2020 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 13-1 PROJECT#:4524.11402.01 Page 3 of 4 PARCEL 13-1 PUE —NEW PUBLIC USE EASEMENT T LAN POB L4 \ \\ gl\ \\\ 1 EXISTING ROAD \\\ \\ WAY EXISTING SEWER \ \\\ \\\ �\\L2\\ (DOG.20 RIGHT-OF-16879 AND AND DRAIN PIPE \ \ \\\ \\\\ MINOR SUB.319) EASEMENT (BOOK 106, PG.412) \\ \) \\ \\ \ EXISTING WATERWAY AND \\\\\� \\\\\\\\\\\`\ WATER AND EASEMENT PEDESTRIAN TRAIL \ \ \ \\\\\\ \ DOC 20EASEMEN3229) (MINOR SUB.319) EXISTING�� TELEPHONE EXISTING PROPERTY \\\w\\I\I\\ \\\\ \\�\ EASEMENT (M9>OR SUB. LINE 3 \\\0 L1 S 59°06'02"E,18.10 FEET R1 R=1969.86 FEET,0=00°18'32", Current Owner: LC=S 15'02'43"E,10.62 FEET HD Development of Maryland Inc. L2 N 58°25'11"W,27.97 FEET 1771 N. 19th Avenue L3 N 89°01'07"W,171.38 FEET Bozeman,MT 59718 LA N 02°53'16"E,5.00 FEET L5 S 89°01'07"E,176.66 FEET EY2 OF LOT 1 OF MINOR SUBDIVISION NO.319 OF SEC.2,T2S,R5E R/W Legend ® Existing Road Right-of-Way n New Public Use Easement SCME'"Rwr N Area Remaining VI A public use easement to the City of Bozeman, located on Lot 1 of the final plat of Home Depot Minor Subdivision No. 319 of Section 2, T2S, RSE, M.P.M., Gallatin County, Montana, more particularly described as follows; Beginning at the northeast corner of the easement herein described, being a point on the south right-of-way of Baxter Lane and west right-of-way of N. 19th Avenue, from which point the northeast corner of Section 2,T2S, RSE, P.M.M., bears N 00'58'53"E, 50.00 feet to the north section line of Section 2;Thence, S 89°01'07" E,900.77 feet along the north section line of Section 2,said point of beginning; Thence, from said point of beginning, S 59' 06' 02" E, 18.10 feet along the west right-of-way of N. 19th Avenue; Thence along a cunte to the left, having a radius of 1969.86 feet, a delta angle of 00' 18'32", and whose long chord bears S 15' 02'43"E, 10.62 feet along the west right-of-way of N. 19th Avenue; Thence, N 58° 25' 11"W, 27.97 feet; Thence, N 89' 01' 07"W, 171.38 feet to the west line of said tract; Thence, N 02'53' 16" E, 5.00 feet along the west line of said tract to the south right-of-way of Baxter Lane; Thence, S 89' 01'07" E, 176.66 feet along the south right-of-way of Baxter Lane to the point of beginning,and containing 1,036 sqft,more or less Right of Way Required for Baxter Lane and ontE"T' un'a2o,e Al Davis Lane Roadway Improvements D O W L City of Bozeman,Montana EXHIBIT A PARCEL 13-1 Page 4 of 4 �.e