HomeMy WebLinkAbout17- Public Use Easement - J. Swenson - Oak Street Roadway Improvements, Parcel 6-1 MTE
MOWMNA T1Tl..0 AND ESCROW
ORT-1ER1y--
PLATTED
2578258
Page: 1 of 4 04/27/2017 12:31:42 PM Fee $28.00
Charlotte Mills - Gallatin County, MT MISc
Return to:DOWL IIIII 1111 IN
2090 Stadium Drive
Bozeman, MT 59715
PROJECT NAME:OAK STREET
CITY OF BOZEMAN ROADWAY IMPROVEMENTS
*� Engineering Division
Public Works Department
PROJECT M 4524.11402.05
P
PARCELM 6-1
PUBLIC USE EASEMENT
PUBLIC USE EASEMENT
THE GRANTOR(S), JANET M. SWENSON, whose address is 4959 Durston Road, Bozeman, MT 59718,
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, on Tract 1A of Certificate of Survey No. 2007, located
in the E'/SE'/ of Section 3, Township 2 South, Range 5 East, P.M.M., 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, 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 East-West
mid-section line of Section 3, the East quarter corner of Section 3, T2S, R5E, P.M.M., said point of
beginning; Thence, from said point of beginning, S 01' 25' 57" W, 360.79 feet along the East line of
Section 3 and the East line of said tract; Thence along a curve to the LEFT, having a radius of 871.00
feet, a delta angle of 05' 34' 21", and whose long chord bears N 12' 08' 24" W a distance of 84.68
feet; Thence along a curve to the RIGHT, having a radius of 991.00 feet, a delta angle of 08' 26' 38",
and whose long chord bears N 100 42' 16"W a distance of 145.91 feet; Thence along a curve to the
LEFT, having a radius of 84.00 feet, a delta angle of 83' 30' 55", and whose long chord bears N 48'
14' 24"W a distance of 111.88 feet; Thence, N 89' 59' 52" W, 354.33 feet; Thence, S 00' 00' 08" W,
30.00 feet; Thence, N 89° 59' 52"W, 50.00 feet; Thence, N 00' 00' 08" E, 30.00 feet; Thence, N 89'
59' 52" W, 121.71 feet to the West line of said tract-, Thence, N 01° 16, 59" E, 60.01 feet along the
West line of said tract to the East-West mid-section line of Section 3; Thence, S 89' 59' 52" E, 662.09
feet along the East-West mid-section line of Section 3 to the point of beginning, and containing
52,607 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.
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 6-1
PROJECT#:4524.11402.05 Page 1 of 4
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.
JANET M. SWENSON
ANET M. SWENSON
ACKNOWLEDGMENT OF GRANTOR
STATE OF Mo•,}a.,a )
ss
County of ��dfi�-. )
On this l'T day of Ma 7cA,, 20n, before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, Janet M. Swenson, 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 qA-a ►'s+_
My Commission Expires: Mjn ►e,Zo2a
WILLIAM S DOCKINS
y. Notary Public
a S+.NpTARtq� for the State of Montana
Residing at:
u .SEAL Q. Bozeman, Montana
My Commisslon Expires:
May 16,2020
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 6-1
PROJECT#:4524.11402.05 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: D / r `mil 7
By" s I Nrlkljs Taylw
G4y-! aver I►�c>n w� w�av r
ATTEST: B Z�
By: Robin Crough
City Clerk .U • !�, �` z
L,tTI ; CO
STATE OF MONTANA )
)ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this 'L� day of r�
2014 by rts-Ifaatli�tci and Robin Crough, known to me to be the City Manager and City Clerk for the
o ozeman 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.
�C ran g
PEARL MICHALSON
Notary Public in and for the State of Montana
ao Notary Public
a:NOTna�q(.y-for the State of Montana My Commission Expires: 3 /o
*= -- '* Residing at:
9.SEAL.j` Bozeman, Montana
oFMOP'` My Commission Expires:
March 10, 2020
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 6-1
PROJECT#:4524.11402.05 Page 3 of 4
OAK STREET Q Q
r
POB
.................................................. . ... .... ..... ... ..
XISTING
\EXISTING\ `\\\\`\ROAD
\ \\ \
\\OVERHEAD \\`\\\\RIGHT-OF-WAY
\UTILITY \ \ \``. \\`�
\EASEMENT \\\�\\ \PAR EL 6-1 PUE
\\\NEW PUBLIC USE
,EASEMENT\
11 \ S 01\26'57" W 360.79 FEET
\\`R1 R = 871.00 FEET, A =05' 34'21", \��
r
LC = N 12' 08' 24"W, 84.68 FEET
EXISTING\\\\R2 R = 991.00 FEET, A=08' 26'38',
�\ \PROPERTY LC = N 10' 42' 16" W, 145.91 FEET
\;R3 R = 84.00 FEET, A =83' 30'55",
LC = N 48' 14' 24" W, 111.88 FEET
L2 N 89° 59' 52" W, 354.33 FEET
\\\\\\\\\\\\\\\\\\\\L3 S 00- 00' 08"W, 30.00 FEET
\\\ \\\ \\\ \\\ \14 N 890 59 52 W, 50.00 FEET \\
FEET
L6 N 89° 00' 08" W 310 1. 1 FEET `\\
N 01' 16' 59" E, 60.01 FEET
\\\\\\\\\\\\\\\\\\\L8\\\S 89\ 59' 52" E�662.09 FEET\ \\\\\\ I
\\\\'Current Owner: \\\\\\\ \\\\\\\\\\\\\\
\`\\'Janet M. Swenson
`\\`4959 Durston Rd. `\
\\\\\Bozeman,\MT 59718
�\\'TRACT 1A OF COS 2007
SEC. 3, T2S, R5E
R/W Legend
® Existing Road Right-of-Way 150 0 75 150
New Public Use Easement SCALE IN�r
Area Remaining N
A public use easement to the City of Bozeman, on Tract 1A of Certificate of Survey No. 2007,
located in the E%SEY4 of Section 3, T2S, R5E, P.M.M., Gallatin County, Montana, more particularly
described as follows;
Beginning at the Northeast corner of the easement herein described, being a point on the East-West
mid-section line of Section 3, the East quarter corner of Section 3, T2S, R5E, P.M.M., said point of
beginning; Thence, from said point of beginning, S 010 25' 57" W, 360.79 feet along the East line of
Section 3 and the East line of said tract; Thence along a curve to the LEFT, having a radius of
871.00 feet, a delta angle of 050 34' 21", and whose long chord bears N 12' 08' 24" W a distance of
84.68 feet; Thence along a curve to the RIGHT, having a radius of 991.00 feet, a delta angle of 08'
26' 38", and whose long chord bears N 10' 42' 16" W a distance of 145.91 feet; Thence along a
curve to the LEFT, having a radius of 84.00 feet, a delta angle of 83' 30' 55", and whose long chord
bears N 48' 14' 24" W a distance of 111.88 feet; Thence, N 89' 59' 52" W, 354.33 feet; Thence, S
00° 00' 08" W, 30.00 feet; Thence, N 89' 59' 52" W, 50.00 feet; Thence, N 000 00' 08" E, 30.00 feet;
Thence, N 890 59' 52" W, 121.71 feet to the West line of said tract; Thence, N 01° 16, 59" E, 60.01
feet along the West line of said tract to the East-West mid-section line of Section 3; Thence, S 89'
59' 52" E, 662.09 feet along the East-West mid-section line of Section 3 to the point of beginning,
and containing 52,607 sqft., more or less.
A, Ri ht of Way Required for Oak Street and PROJECT: 4524.11402.05
avis Lane Roadway Improvements DATE: 1211512016
D o W L City of Bozeman, Montana EXHIBIT A
�0adinOtNs e"Mont"d ,5 PARCEL 6-1 Page 4 of 4