HomeMy WebLinkAbout17- Public Use Easement - Montana Keystone Ventures, LLC - Baxter Lane Improvements (19th-7th) PLATTED
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Page: I Return to: Charlotte fMills �OGallaOtin County17 42MTM Fee: $3Misc
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2090 Stadium Drive --
Bozeman, MT 59715
PROJECT NAME: BAXTER LANE
9� CITY OF BOZEMAN IMPROVEMENTS(19TH-7TH)
Engineering Division PROJECT#: 4535.11402.11
�' e' Public Works Department
8 PARCEL#: 16-116-2,AND 16-3
°° PUBLIC USE EASEMENT
PUBLIC USE EASEMENT
THE GRANTOR, MONTANA KEYSTONE VENTURES, LLC, a South Carolina Limited Liability
Company, whose address is 17 Lockwood Drive, Suite 400, Charleston, SC 29401, 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 real property located in Gallatin County, Montana:
Lot 6A of PT Land Phase 2 Subdivision, according to the official plat thereof on file and of record in
the office of the County Clerk and Recorder of Gallatin County, Montana [Plat J-498].
Said public use easements are depicted on Exhibit A and Exhibit B attached hereto and more
particularly described as:
Parcel 16-1:
Beginning at the Northeast corner of the easement herein described, being a point on the South right-
of-way of Baxter Lane and the West right-of-way of North 15th Avenue as shown on Plat J-489, said
point of beginning; Thence, from said point of beginning, S 16' 53' 21" W, 26.46 feet along the West
right-of-way of North 15th Avenue; Thence, N 53' 59' 34" W, 212.65 feet; Thence, S 36' 00' 26" W,
30.00 feet; Thence, N 53' 59' 34"W, 60.00 feet; Thence, N 360 00' 26" E, 30.00 feet; Thence, N 530
59' 34" W, 88.86 feet; Thence, along a curve to the LEFT, having a radius of 729.96 feet, a delta
angle of 08' 10' 29", and whose curve length is 104.15 feet, to the West line of Lot 6; Thence, N 020
18' 10" E, 27.65 feet along the West line of Lot 6 to the South right-of-way of Baxter Lane; Thence,
along a curve to the RIGHT, having a radius of 754.96 feet, a delta angle of 090 04' 57", and whose
curve length is 119.68 feet, along the South right-of-way of Baxter Lane; Thence, S 530 59' 34" E,
352.80 feet along the South right-of-way of Baxter Lane to the West right-of-way of North 15th Avenue
and to the point of beginning, and containing 13,527 sqft, more or less, as shown on Exhibit A;
Parcel 16-2:
Beginning at the Northwest corner of the easement herein described, being a point on the South
right-of-way of Baxter Lane and the East right-of-way of North 15th Avenue as shown on Plat J-489,
said point of beginning; Thence, from said point of beginning, S 53' 59' 34" E, 50.36 feet along the
South right-of-way of Baxter Lane; Thence, S 340 53' 08" W, 20.00 feet; Thence, N 53' 59' 34" W,
CITY OF BOZEMAN PROJECT NAME: BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 16-1, 16-2, and 16-3
PROJECT#:4535.11402.11 Page 1 of 5
43.82 feet to the East right-of-way of North 15 th Avenue; Thence, N 160 53' 21" E, 21.17 feet along
the East right-of-way of North 15 th Avenue to the South right-of-way of Baxter Lane and to the point of
beginning, and containing 942 sgft, more or less, as shown on Exhibit B;
Parcel 16-3:
Beginning at the Northeast corner of Lot 6 and the easement herein described, being a point on the
South right-of-way of Baxter Lane and the West right-of-way of North 11 th Avenue as shown on Plat
J-489, said point of beginning; Thence, from said point of beginning, S 010 43' 20" W, 27.59 feet
along the West right-of-way of North 11 th Avenue; Thence, N 630 15' 46" W, 153.90 feet; Thence, N
260 44' 14" E, 25.00 feet to the South right-of-way of Baxter Lane; Thence, S 63' 15' 46" E, 142.23
feet along the South right-of-way of Baxter Lane to the West right-of-way of North 11 th Avenue and to
the point of beginning, and containing 3,702 sqft, more or less, as shown on Exhibit B.
All improvements 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 the above-described tract of land and covenant 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.
MONTAN KEYSTONE VENTURES, LLC, a South Carolina Limited Liability Company
Name:
fj,�1 t ^A
TitlW1 &X0b-1C_
ACKNOWLEDGMENT OF GRANTOR
STATE OF5N NA
) SS
County o )
On this21 day of'5�04?"?_ , 20( , before me, the u ersigne , a Notary Public in and for
the said State,_personally appeared the Grantor, IM I CoAft __ ,
I a" a of MONTANA KEYSTONE V NTURES, LLC, a South Carolina
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 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,`,0VWhdfe�tpto set my hand and affixed my official seal this day and year
above written. \���\`�
\S510,A ✓ .
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FEB .�.
27 W -A I
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2027 ry r the ate of
';'✓ Gry per`: .; M mm ssion Expires: ��Zd7 -
CITY OF BOZEMAN PROJECT NAME: BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 16-1, 16-2, and 16-3
PROJECT#:4535.11402.11 Page 2 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: Dennis Taylor
Interim City Manager
ATTEST:
pF• B.�z ,
By: Robin Crough
City Clerk
188
STATE OF MONTANA )
)ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this U) day of 0 20�2
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.
BRENDA SWEENEY
'��°ASWFFy':, Notary Public Notary Public in and for the St e of Montana
=�Q'NOTARiq lcSfor the State of Montana My Commission Expires: �lg
Residing at:
vy;.SF.AL:ze;= Bozeman, Montana
P' My Commission Expires:
December02,2018
CITY OF BOZEMAN PROJECT NAME: BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 16-1, 16-2,and 16-3
PROJECT#:4535.11402.11 Page 3 of 5
Current Owner:
Montana Keystone V
entures, LLC
J � /
\ 2 /
\\EXISTING w.\
\\\`PROPERTY \\\�\`\`\`\`\`\`V,
\`\\LINE (TYP)\\\\\`\`\\\`\`\`\`\\ PO B
\ \ \ \ \ \ \ \ \ \ \ \ \ \
PARCEL 16-1PUE \ \ \ \
\`\\\\\`\`\\\`\`NEW PUBLIC USE •,\\\\\\`\`\`\`\`\`�
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
\\\\\\\\\\\ LOT 6A OF PT LAND \`\`\`\`\`\`\` V
\ \ \ \ `PHASE 2 SUBDIVISION \ \ \ \ \ 0 V
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
\\\`SEC. 1, T2S, R5E\\\\\\\
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
so 0 so 100 L1 S 16°53' 21"W, 26.46 FEET
SCALE IN FEET L2 N 53°59' 34"W, 212.65 FEET
L3 S 36°00' 26"W, 30.00 FEET
L4 N 53°59' 34"W, 60.00 FEET
L5 N 36000' 26" E, 30.00 FEET
R/W Legend L6 N 53°59' 34" W, 88.86 FEET
R1 R= 729.96 FEET, L = 08'10' 29",
L = 104.15FEET
Existing Road Right-of-Way L7 N 02° 18' 10" E, 27.65 FEET
New Public Use Easement R2 R = 754.96 FEET, L= 09' 04' 57",
L = 119.68 FEET
Area Remaining L8 S 53059' 34" E, 352.80 FEET
Lot 6A of PT Land Phase 2 Subdivision, according to the official plat thereof on file and of record in
the office of the County Clerk and Recorder of Gallatin County, Montana [Plat J-4981.
Said public use easement is more particularly described as:
Beginning at the Northeast corner of the easement herein described, being a point on the South
right-of-way of Baxter Lane and the West right-of-way of North 15"Avenue as shown on Plat J-489,
said point of beginning; Thence, from said point of beginning, S 16°53' 21" W, 26.46 feet along the
West right-of-way of North 15"Avenue; Thence, N 53°59' 34" W, 212.65 feet; Thence, S 36°00' 26"
W, 30.00 feet; Thence, N 53' 59' 34" W, 60.00 feet; Thence, N 36°00' 26" E, 30.00 feet; Thence, N
53059' 34" W, 88.86 feet; Thence, along a curve to the LEFT, having a radius of 729.96 feet, a delta
angle of 08' 10' 29", and whose curve length is 104.15 feet, to the West line of Lot 6; Thence, N
02018' 10" E, 27.65 feet along the West line of Lot 6 to the South right-of-way of Baxter Lane;
Thence, along a curve to the RIGHT, having a radius of 754.96 feet, a delta angle of 09°04' 57", and
whose curve length is 119.68 feet, along the South right-of-way of Baxter Lane; Thence, S 53' 59' 34"
E, 352.80 feet along the South right-of-way of Baxter Lane to the West right-of-way of North 15
Avenue and to the point of beginning, and containing 13,527 sqft, more or less.
® Right of Way Required Baxter Lane Improvements PROJECT: 4535,11402.11
N. 19th Ave.to N.7th Ave. DATE: 5/15n017
B O W L City of Bozeman, Montana EXHIBIT A
409586-88um Drive Bozeman,Montana 59715
d..I.— PARCEL 16-1 Page 4 of 5
406-586-BfiJ4 www.dowl.com
j PARCEL Current Owner:
16-2 POB Montana Keystone
Ventures, LLC
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PARCEL
16-3 POB
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'PARCEL 16-2 PUE
\'NEW PUBLIC USE \\\
'EASEMENT,,\\\\\\\ ����� ��������
46
� � � � � � EXISTING
������������� PROPERTY \����������
LINE (TYP)`\`\`\`\`\`\
`PARCEL 16-3 PUE . .\ \ C.T1
`.NEW PUBLIC USE .\������� �
LOT 6A OF PT LAND ,`�`��� r
PHASE 2 SUBDIVISION.`\`\`\ `EASEMENTS Liu\'\'SEC. 1, T2S, R5E\'\,\\\\� `EXISTING .\\\\\\\ �� ~ Z
. . . . . . . � � � � � � � � � � � w
" " " " " " PUBLIC UTILITY O >
EASEMENT
50 0 50 100
SCALE IN FEET
L1 S 53° 59' 34" E, 50.36 FEET
L2 S 34053' 08"W, 20.00 FEET
R/W Legend L3 N 53°59' 34" W, 43.82 FEET
L4 N 16°53' 21" E, 21.17 FEET
® L5 S 01°43' 20"W, 27.59 FEET
Existing Road Right-of-Way N L6 N 63°15'46"W, 153.90 FEET
New Public Use Easement L7 N 260 44' 14" E, 25.00 FEET
Area Remaining L8 S 63015'46" E, 142.23 FEET
Lot 6A of PT Land Phase 2 Subdivision, according to the official plat thereof on file and of record in
the office of the County Clerk and Recorder of Gallatin County, Montana [Plat J-498].
Said public use easements are more particularly described as:
Parcel 16-2:
Beginning at the Northwest corner of the easement herein described, being a point on the South
right-of-way of Baxter Lane and the East right-of-way of North 15"Avenue as shown on Plat J-489,
said point of beginning; Thence, from said point of beginning, S 530 59' 34" E, 50.36 feet along the
South right-of-way of Baxter Lane; Thence, S 34°53' 08" W, 20.00 feet; Thence, N 53°59' 34" W,
43.82 feet to the East right-of-way of North 15"'Avenue; Thence, N 16°53' 21" E, 21.17 feet along the
East right-of-way of North 15"Avenue to the South right-of-way of Baxter Lane and to the point of
beginning, and containing 942 sgft, more or less.
Parcel 16-3:
Beginning at the Northeast corner of Lot 6 and the easement herein described, being a point on the
South right-of-way of Baxter Lane and the West right-of-way of North 11"Avenue as shown on Plat
J-489, said point of beginning; Thence, from said point of beginning, S 01°43' 20"W, 27.59 feet along
the West right-of-way of North 11"Avenue; Thence, N 63'15' 46" W, 153.90 feet; Thence, N 26' 44'
14" E, 25.00 feet to the South right-of-way of Baxter Lane; Thence, S 63'15' 46" E, 142.23 feet along
the South right-of-way of Baxter Lane to the West right-of-way of North 11"Avenue and to the point of
beginning, and containing 3,702 sqft, more or less.
Right of Way Required Baxter Lane Improvements PROJECT: 4535.11402.11
N. 19th Ave.to N.7th Ave. DATE: 5/15/2017
B O W L City of Bozeman, Montana EXHIBIT B
2090
406-5B6-96a4 —A.M.—Stadium Drive Bozeman,Montana .— PARCEL 16-2 & 16-3 Page 5 of 5
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