HomeMy WebLinkAbout18- Public Use Easement - G. Westlake and D.K. Martinen, LLC - 5th Ave Trail Improvements, Parcel 2-1 2605441
Page: 1 of 5 02/06/201f •425:46 �M Fee: $35.00
Charlotte Mills - Gallatin County, MT 5.00
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DOWL
2090 Stadium Drive
Bozeman, MT 59715
PROJECT NAME:5TH AVE.TRAIL
ram ; CITY OF BOZEMAN IMPROVEMENTS
_ Engineering Division PROJECT#: 4524.11402.03
Public Works Department
9 88 o�� f PARCEL#:2-1
CO. PUBLIC USE EASEMENT
THE GRANTORS, GEORGE E. WESTLAKE, whose address Is 15008 S.E. Graham Road, Vancouver,
WA 98683, and D.K. MARTINEN, LLC., a Washington Limited Liability Corporation, whose address is
401 Sunnyslope Road, Yakima, WA 98908, as tenants in common, 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:
Block Two (2) of Westlake's Fourth Subdivision to the City of Bozeman, Montana, according to the
official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin
County, Montana; (deed reference: 2537356).
Said public use easement is depicted on Exhibit A attached hereto and more particularly described
as:
Beginning at the Northwest corner of Block 2, being a point on the East right-of-way of North 5t"
Avenue and the South right-of-way of West Hemlock Street, said point of beginning; Thence, from
said point of beginning, S 89' 55' 37" E, 161.96 feet along the South right-of-way of West Hemlock
Street; Thence, N 89' 45' 32" E, 45.03 feet along the South right-of-way of West Hemlock Street;
Thence, S 00' 14' 28" E, 5.00 feet; Thence, S 89' 45' 32" W, 45.04 feet; Thence, N 89' 55' 37" W,
130.97 feet; Thence, S 00' 01' 30" E, 465.25 feet; Thence along a curve to the LEFT, having a radius
of 494.00 feet, a delta angle of 040 18' 14", and whose curve length is 37.11 feet; Thence along a
curve to the RIGHT, having a radius of 506.00 feet, a delta angle of 10' 59' 58", and whose curve
length is 97.14 feet; Thence along a curve to the LEFT, having a radius of 494.00 feet, a delta angle
of 06' 48' 10", and whose curve length is 58.65 feet, to the North right-of-way of West Tamarack
Street; Thence, S 89' 43'20" W, 27.00 feet along the North right-of-way of West Tamarack Street to
the East right-of-way of North 5t" Avenue; Thence, N 000 01' 30" W, 663.00 feet along East right-of-
way of North 5th Avenue to the South right-of-way of West Hemlock Street and the point of beginning,
and containing 21,450 sqft., more or less 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:5TH AVE.TRAIL IMPROVEMENTS Parcel 2-1
PROJECT*4524.11402.03 Page 1 of 5
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.
GEORGE E.WESTLAKE D.K. MARTINEN, LLC.,A WASHINGTON
LIMITED LIABILITY CORPORATION
George E. Westlake Kay H. artinen
D.K. Martinen, LLC., its Manager
ACKNOWLEDGMENT OF GRANTORS
STATE OF
) SS
County of C jrA K I! )
On this��day of Nt)0.e w, ho)r' , 20 jj before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, George E. Westlake, 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
abov written.
ROSE L.TOMICH
Notary Public
State of Washinpon
My AppoimrrNM Expires Jun 10,2020 Notary Public in and for the State of
My Commission Expires: 7U o-e 1( , �G -
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 2-1
PROJECT#:4524.11402.03 Page 2 of 5
STATE OF A }
County of k, )
On this Lday of c)ye, be 20 i�; before me,the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, Kay H. Martinen, Manager of D.K. MARTINEN, LLC.,
A WASHINGTON LIMITED LIABILITY CORPORATION, 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.
1ESSICA RVILLA __.__._._..._...._.
Notary Public
State of Washington Notary CAlic in and for the State of �n1cS
My Appointment Expires My Commission Expires: 3 IZ 2 .z
Mar 22,2021 �T
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 2-1
PROJECT#:4524.11402.03 Page 3 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
L43i 1L. -",-A
By:Oennis:FB�4912 Av-&eq SLvIratr"
4ta4m City Manager
ATTEST:
41
e■ ■ e •
� s
�• `fir y-;,-.1� ■
By: Robin Crough Qa _ v{"' ■
City Clerk ■ -`'_; `-
��,•, 1�83 , �F .
TIN C O �1�
STATE OF MONTANA )
)Ss.
County of Gallatin )
The foregoing instrument was acknowledged before me day of �
20_S by and Robin Crough, known to me to be tht " City Manager and City Jerk
S (� or 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
SwFt`Y'.
Notary Public
4 Notary Public in and for the State oUMontana
m;NOTApIq� <y for the State of Montana
Realding at: My Commission Expires: (���J7Dl f
Sl[;At, *'� Bozeman, Montana
1r My Commloslon Explres:
Docarnber 02 2018
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 2-1
PROJECT#:4524.11402.03 Page 4 of 5
POB WEST HEMLOCK STREET Current Owner:
I� George E. Westlake and
D.K. Martinen, LLC.
i\ \5-FT\ \\\ \\\ \\\ BLOCK 2OF
WESTLAKE'S FOURTH
SUBDIVISION
1\\\\\\\ \\\\\\\\ \\\\ SEC. 1, T2S, R5E
31-FT \\\\\\\\\\\\\\\ L1 S 89° 55' 37" E, 161.96 FEET
L2 N 89° 45' 32" E, 45.03 FEET
\\\\\\\\\\\\\\\\\\\\ L3 S 00° 14'28" E, 5.00 FEET
L4 S 89° 45' 32" W, 45.04 FEET
a \ \\\\\\\\ \\\\\\\\ L5 N 89° 55' 37" W, 130.97 FEET
\\\\\\ PAR EL 2-1 PUE \ L6 S 00° 01' 30" E, 465.25 FEET
\\\\ \NEW PUBLIC USE \\ R1 R = 494.00 FEET, A=04° 18' 14"
\\\`EASEMENT \ \\ L= 37.11 FEET
\\\\\\\\\\\\\\\\\\\\\ R2 R = 506.00FEET, A= 10° 59'58",
\ \ \ \
w \\ \\\ \\\\ \\\ \\\\ L = 97.14 FEET
Q \�\\\�\\\\�\\\�\\\\� R3 R = 494.00 FEET, A=06°48' 10",
L = 58.65 FEET
L7 S 89° 43' 20" W, 27.00 FEET
L8 N 00° 01' 30" W, 663.00 FEET
OAL
\\\\\\\\\\\\\\\\\\\\\
....�\\\\\\\\\\\\\\\\\\\\\ IN
\\\\\\\ \\\\ \\ \ 50 0 50 100
\\\ \\\\ \\EXISTING FEET
\\\ \\\\ PROPERTY
\\\\\\\\\ \\LINE (TYP)
p\\\\\\\\\ \\\\\\\\\\\ R/WLegend
Existing Road Right-of-Way
New Public Use Easement
WEST TAMARACK STREET Area Remaining
Block Two (2) of Westlake's Fourth Subdivision to the City of Bozeman, Montana, according to the
official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin
County, Montana; (deed reference: 2537356).
Said public use easement is more particularly described as:
Beginning at the Northwest corner of Block 2, being a point on the East right-of-way of North 5th
Avenue and the South right-of-way of West Hemlock Street, said point of beginning; Thence, from
said point of beginning, S 890 55' 37" E, 161.96 feet along the South right-of-way of West Hemlock
Street; Thence, N 890 45' 32" E, 45.03 feet along the South right-of-way of West Hemlock Street;
Thence, S 00° 14' 28" E, 5.00 feet; Thence, S 89° 45' 32" W, 45.04 feet; Thence, N 890 55' 37" W,
130.97 feet; Thence, S 000 01' 30" E, 465.25 feet; Thence along a curve to the LEFT, having a
radius of 494.00 feet, a delta angle of 04° 18' 14", and whose curve length is 37.11 feet; Thence
along a curve to the RIGHT, having a radius of 506.00 feet, a delta angle of 10° 59' 58", and whose
curve length is 97.14 feet; Thence along a curve to the LEFT, having a radius of 494.00 feet, a delta
angle of 06° 48' 10", and whose curve length is 58.65 feet, to the North right-of-way of West
Tamarack Street; Thence, S 890 43' 20" W, 27.00 feet along the North right-of-way of West
Tamarack Street to the East right-of-way of North 5th Avenue; Thence, N 00° 01' 30" W, 663.00 feet
along East right-of-way of North 5th Avenue to the South right-of-way of West Hemlock Street and
the point of beginning, and containing 21,450 sqft., more or less.
® Right of Way Required for 5th Avenue PROJECT: 4524,11402103
T Trail i I Imp rove ments DATE: 4/10 2017
B O W L City of Bozeman, Montana EXHIBIT A
�08�' m0r"° �"�"'"'° "� Ts PARCEL 2-1 Page 5 of 5
Return to: 2605442
Page: 1 of 4 02/06/2018 04:25:46 PM Fee. $28.00
DOWL Charlotte Mills - Gallatin County, MT MISC
2090 Stadium Drive pLATTE ' 1111111111111 IN 1111111111111111111111111111111111111111111111111111
Bozeman, MT 59715
PROJECT NAME: 5T14 AVE.TRAIL
CITY OF BOZEMAN IMPROVEMENTS
Engineering Division
r� x PROJECT#: 4524.11402.03
'3a Public Works Department
PARCEL#:2-2
co r TEMPORARY CONSTRUCTION
EASEMENT
THE GRANTORS, GEORGE E. WESTLAKE, whose address Is 15008 S.E. Graham Road, Vancouver,
WA 98683, and D.K. MARTINEN, LLC., a Washington Limited Liability Corporation, whose address is
401 Sunnyslope Road, Yakima, WA 98908, as tenants in common, 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, Grantee and to its successors and assignees, an unrestricted Temporary
Construction Easement,over, and across the following described real estate:
Block Two (2) of Westlake's Fourth Subdivision to the City of Bozeman, Montana, according to the
official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin
County, Montana; (deed reference: 2537356).
Said temporary construction easement is depicted on Exhibit A attached hereto and more particularly
described as:
Beginning at the Northwest corner of the easement herein described, being a point on the East right-
of-way of North 5th Avenue and the South right-of-way of West Hemlock Street, from which point the
Northwest corner of Block 2 bears N 80' 46' 01"W, 31.41 feet, said point of beginning; Thence, from
said point of beginning, S 89' 55' 37" E, 130.97 feet along the South right-of-way of West Hemlock
Street; Thence, N 890 45' 32" E, 45.04 feet along the South right-of-way of West Hemlock Street;
Thence, S 00' 14' 28" E, 10.00 feet; Thence, S 89' 45' 32" W, 45.07 feet; Thence, N 890 55' 37" W,
120.98 feet;Thence, S 00' 01' 30" E, 455.24 feet; Thence along a curve to the LEFT, having a radius
of 484.00 feet, a delta angle of 040 19' 35", and whose curve length is 36.55 feet; Thence along a
curve to the RIGHT, having a radius of 516.00 feet, a delta angle of 10' 46' 48", and whose curve
length is 97.08 feet; Thence along a curve to the LEFT, having a radius of 484.00 feet, a delta angle
of 07' 00' 39" and whose curve length is 59.22 feet to the South right-of-way of West Tamarack
Street; Thence, S 89' 43' 20" W, 10.00 feet along the South right-of-way of West Tamarack Street to
the East right-of-way of North 5th Avenue; Thence along a curve to the RIGHT, having a radius of
494.00 feet, a delta angle of 06'48' 10", and whose curve length is 58.65 feet along the East right-of-
way of North 5th Avenue; Thence along a curve to the LEFT, having a radius of 506.00 feet, a delta
angle of 10' 59' 58", and whose curve length is 97.14 feet along the East right-of-way of North 5th
Avenue; Thence along a curve to the RIGHT, having a radius of 494.00 feet, a delta angle of 040 18'
14", and whose curve length is 37.11 feet along the East right-of-way of North 5th Avenue; Thence, N
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 2-2
PROJECT#:4524.11402.03 Page 1 of 4
00° 01' 30"W, 465.25 feet along the East right-of-way of North 5th Avenue to the South right-of-way
of West Hemlock Street and to the point of beginning, and containing 8,242 sqft., more or less and as
shown on Exhibit A;
delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of
this instrument and designated as Parcel 2-2. Said parcel, containing 8,242 square feet, more or less, is
hereby provided to the CITY OF BOZEMAN, for the purpose of constructing and/or improving a public
street, highway, walkway,trail and/or electric,telephone or telecommunications, gas, water, sewer, drainage,
or other utility transmission or distribution facilities as necessary for the North 5th Avenue Trail
Improvements Project.
Upon completion of said project for which access is hereby provided, the CITY OF BOZEMAN shall restore
the property as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to hold Grantor
harmless from any and all liability that may result or arise from the exercise of the rights granted hereby.
The Grantor hereby covenants with the CITY OF BOZEMAN that the 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 use thereof during the period of the Temporary Construction Easement. This
Temporary Easement is in effect for a period beginning the 1st day of construction on the property, and
ending two(2)years later,at which time this easement shall expire and be of no force and effect.
GEORGE E.WESTLAKE D.K. MARTINEN, LLC.,A WASHINGTON
LIMITED LIABILITY CORPORATION
George E. Westlake Ka . Martine
D.K. Martinen, LLC., its Manager
ACKNOWLEDGMENT OF GRANTORS
STATE OF h,
ss
County of Oar )
On this 12:�day of A)60eM bf, 20/7 before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, George E. Westlake, 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 rROSE
L TOMICH
Et Notary Public n
State of Washington
My Appointment Expires Jun 10,702tl Notary Public in and for the State of
My Commission Expires:(- uti.e /!fir d o �L
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 2-2
PROJECT#:4524.11402.03 Page 2 of 4
STATE OF�uiy�-Ititi )
Iss
County of
On this2;�-� day of Uu 201'. , efore me,the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, Kay H. Martinen, Manager of D.K. MARTINEN, LLC.,
A WASHINGTON LIMITED LIABILITY CORPORATION, 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.
rr JESSICA R VILLA
Notary Public
5t to of Washington Nota ub Ic in and for the State of L rc
My Appointment Expires My ommission Expires: 3' LZ LEI �
Mar 22,2021
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 2-2
PROJECT#:4524.11402.03 Page 3 of 4
POB WEST HEMLOCK STREET L1 S 89° 55 37" E, 130.97 FEET
L L2 N 89° 45' 32" E, 45.04 FEET
.�. .. .. ..... ..... ..\\ L3 S 00° 14' 28" E, 10.00 FEET
\ \ \\ \\\\\\\\\\ L4 S 890 45' 32"W, 45.07 FEET
\ 10-FT \\\\ \\\ \ L5 N 89° 55' 37" W, 120.98 FEET
Current Owner: L6 S 00° 01' 30" E, 455.24 FEET
\ ,George E. Westlake and R1 R = 484.00 FEET, A = 04° 19'35", L=36.55 FEET
\ \D.K. Martinen, LLC. R2 R = 516.00 FEET, A = 10° 46'48", L= 97.08 FEET
\ R3 R = 484.00 FEET, A = 07° 00'39", L=59.22 FEET
\\\\\ \\\\ \\\ \\ L7 S 89° 43' 20" W, 10.00 FEET
\' \\BLOCK 2 OF\\ R4 R = 494.00 FEET, A= 06° 48' 10", L=58.65 FEET
\\ WESTLAKE'S FOURTH R5 R = 506.00 FEET, A = 10° 59'58", L=97.14 FEET
\\ SUBDIVISION ` R6 R =494.00 FEET, A= 04° 18' 14", L=37.11 FEET
\\ SEC. 1, T2S, R5E L8 N 00° 01' 30" W, 465.25 FEET
01)
\\\\\\\\\\\\\\\\\ R/WLegend
\ \\ \ \
z \\\\\PARCEL 2-2 TCE \ ® Existing Road Right-of-Way
Lu \\\ TEMPORARY \ New Temporary Construction
Q � \\\ CONSTRUCTION \ Easement
_� \\\EASEMENT \\
Area Remaining
\\\\\\\ \\\\\\\\ N
SCALE IN FEET
\\\\\\\\EXISTING
\\\\\\ \ INOEPERTY
\
\\ \ ( ) \
\\\\\ \\\\ \\` \ Block Two (2) of Westlake's Fourth Subdivision to the
a \ \\\\\\\\ \\\ \ City of Bozeman, Montana, according to the official plat
thereof on file and of record in the office of the County
Clerk and Recorder, Gallatin County, Montana; (deed
WEST TAMARACK STREET reference: 2537356).
Said temporary construction easement is more particularly described as:
Beginning at the Northwest corner of the easement herein described, being a point on the East
right-of-way of North 5th Avenue and the South right-of-way of West Hemlock Street, from which
point the Northwest corner of Block 2 bears N 80° 46' 01" W, 31.41 feet, said point of beginning;
Thence, from said point of beginning, S 89° 55' 37" E, 130.97 feet along the South right-of-way of
West Hemlock Street; Thence, N 89° 45' 32" E, 45.04 feet along the South right-of-way of West
Hemlock Street; Thence, S 00° 14' 28" E, 10.00 feet; Thence, S 89° 45' 32" W, 45.07 feet; Thence, N
89° 55' 37" W, 120.98 feet; Thence, S 00° 01' 30" E, 455.24 feet; Thence along a curve to the LEFT,
having a radius of 484.00 feet, a delta angle of 04° 19' 35", and whose curve length is 36.55 feet;
Thence along a curve to the RIGHT, having a radius of 516.00 feet, a delta angle of 10° 46' 48", and
whose curve length is 97.08 feet; Thence along a curve to the LEFT, having a radius of 484.00 feet,
a delta angle of 07° 00' 39" and whose curve length is 59.22 feet to the South right-of-way of West
Tamarack Street; Thence, S 890 43' 20" W, 10.00 feet along the South right-of-way of West
Tamarack Street to the East right-of-way of North 5th Avenue; Thence along a curve to the RIGHT,
having a radius of 494.00 feet, a delta angle of 06° 48' 10", and whose curve length is 58.65 feet
along the East right-of-way of North 5th Avenue; Thence along a curve to the LEFT, having a radius
of 506.00 feet, a delta angle of 10° 59' 58", and whose curve length is 97.14 feet along the East
right-of-way of North 5th Avenue; Thence along a curve to the RIGHT, having a radius of 494.00 feet,
a delta angle of 04° 18' 14", and whose curve length is 37.11 feet along the East right-of-way of North
5th Avenue; Thence, N 00° 01' 30" W, 465.25 feet along the East right-of-way of North 5th Avenue to
the South right-of-way of West Hemlock Street and to the point of beginning, and containing 8,242
sqft., more or less.
AL
of Way Required for 5th Avenue PROJECT: 4524. 02.03
Trail Improvements DATE: 4I7 02017
B O W L City of Bozeman, Montana EXHIBIT A
2D9sD908�dgwm" eaemen'Mm�a�15 PARCEL 2-2 Page 4 of 4