HomeMy WebLinkAbout16- Public Use Easement - Mahar Montana Homes, LLC - Baxter and Davis Right-of-Way Acquisition 2566287
PLATTED /2016 0218:45 PM Fee $28.OQ
Charlotte Mills - Gallatin County, MT MISC
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p2�t PROJECT NAME: BAXTER LN.AND
CITY OF BOZEMAN DAVIS LN.R/W ACQUISITION
Engineering Division PROJECT#: 4524.11402.01
;C; - ;` a4 Public Works Department
PARCEL#: 3-1
PUBLIC USE EASEMENT
PUBLIC USE EASEMENT
THE GRANTOR(S), MAHAR MONTANA HOMES, LLC., whose address is 1627 West Main Street, Suite
370, Bozeman, MT 59715, for and in consideration of Ten and No/100 - Dollars, and other valuable
consideration, in hand paid, conveys and warranis 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, located in Lot R2 of West Winds Major Subdivision,
Phase 5, in Section 2, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, more
particularly described as follows and as shown on the attached Exhibit A;
Beginning at the northwest corner of the easement herein described, being a point on the south right-
of-way of Baxter Lane, from which point the northwest corner of Section 2, T2S, R5E, P.M.M., bears
N 520 39' 25" W, 84.08 feet, said point of beginning; Thence, from said point of beginning, S 89' 08'
18" E, 27.40 feet along the south right-of-way of Baxter Lane; Thence, S 370 48' 28" W, 46.62 feet to
the east right-of-way of Davis Lane; Thence, N 01° 49' 24" E, 37.26 feet along the east right-of-way of
Davis Lane to the point of beginning, and containing 510 sgft, more or less.
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 Dart, remains a public way.
Dated this 2'I day of ��Ve-r>�b�r, 20LL.
Joe Mahar
Registered Agent
CITY OF BOZEMAN PROJECT NAME: BAXTER/DAVIS Parcel 3-1
PROJECT NUMBER:4524.11402.01 Page 1 of 4
ACKNOWLEDGMENT OF GRANTOR
STATE OF Aow�Zi� )
) ss
County of ( {, )
On this Z( day of fVb-w—"o,1, 20/b, before me, the undersigned, a Notary Public in and for the
said State, personally appeared the Grantor, Joe Mahar' known to me to be the identical person who
executed the foregoing instrument and acknowledged to me that Joe Mahar signed the same as Joe
Mahar free and voluntary act and deed, with full knowledge of its contents, for the uses and purposes
therein mentioned. # �., / Fc L-t_C
S�evr,� g�L✓t 6r !d�(c.lsev �"'to� .n.� o�n.(-S
IN WITNESS WHEREOF, I have hereunto set my hand and affixed off' ial seal this day and year
above written.
p'NY Gq ANTHONY GADDO
Notary Public Notary Public in and for the State of 61/lo ti
e�[TARIq<o=_for the State of Montana My Commission Expires: 1T/lat
Residing at:
Bozeman, Montana
`-9oFnna ?; My Commission Expires:
January 30,2019
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
5.-AA Date: Z — �LI— (O
By: Chris Kukulski
City Manager
ATTEST: B OZ
By: Robin Cr ugh,( .�\ •
City Clerk-
'<�rIN CO.r10•.
CITY OF BOZEMAN PROJECT NAME: BAXTER/DAVIS Parcel 3-1
PROJECT NUMBER:4524.11402.01 Page 2 of 4
STATE OF MONTANA )
)ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this Jt4 day of Dec,-, b c ,
20L(cby 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.
tnic PEARL MICHALSON Notary Public in and for the State of Montana
� �� No Public My Commission Expires: 3/ (6�Z¢2�
4:Nei^'"- for the State of Montana
* Residing at:
.:� •. Q,_ 6ozeman, Montana
yTFpf t o��? My Commission Expires:
March 10,2020
CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 3-1
PROJECT NUMBER:4524.11402.01 Page 3 of 4
DAVIS LANE
EXISTING PROPERTY LINE
EXISTING EASEMENT
/ /Cl1RRtNff OWNER:
/ /MAHAR MONTANA HOMES,LLC.
/ ,815 ALDER CREEK DRIVE
/ MEDFORD,OR 97504
PARCEL 3-1 PUE
/ /NEW PUBLIC USE
EASEMENT
L1' S 86°08'18"E,27.40 FEET'
/ /L2 S 37°48'28"W,46.62 FEET /
/ ,L3 N 01°49'24"E,37.26 FEET /
LOT R2 OF WEST WINDS co
MAJOR SUBDIVISION, PHASE 5 /
/ r
OF SEC. 2, T2S, R5E , ;; m
EXISTING
EASEMENT
/EXISTING STORM
/ / f EASEMENT
A PUBLIC USE EASEMENT TO THE CITY OF BOZEMAN, LOCATED IN LOT R2 OF
WEST WINDS MAJOR SUBDIVISION,PHASE 5,IN SECTION 2,T2S,R5E,P.M.M.,CITY
OF BOZEMAN,GALLATIN COUNTY,MONTANA,MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF THE EASEMENT HEREIN /
DESCRIBED,BEING A POINT ON THE SOUTH RIGHT-OF-WAY OF BAXTER LANE,
FROM WHICH POINT THE NORTHWEST CORNER OF SECTION 2,T2S,R5E,P.M.M.,
BEARS N 52°39'25"W,84.08 FEET,SAID POINT OF BEGINNING;THENCE,FROM
SAID POINT OF BEGINNING,S 89"08'18"E,27.40 FEET ALONG THE SOUTH
RIGHT-OF-WAY OF BAXTER LANE;THENCE,S 37°48'28"W,46.62 FEET TO THE
EAST RIGHT-OF-WAY OF DAVIS LANE;THENCE,N 01°49'24"E,37.26 FEET ALONG
THE AST RII 5HO SOFTAMO F DAVIS OR LESS.
TO THE POINT OF BEGINNING,AND
RNV LEGEND EXISTING PROPERTY LINE