HomeMy WebLinkAbout18- Public Use Easement - G. Westlake and D.K. Martinen, LLC - 5th Ave Trail Improvements, Parcel 3-1 2605443
Return to: Page: 1 of 4 02/06/2018 04:25:46 PM Fee. $28.00
Charlotte Mills - Gallatin County, MT MISC
DOW L I1111111111111111111111111111111111111111111111 IN IIII IIII IIIII I III IIIIII11 II IIIII IIIII IIIII IIII IN
2090 Stadium D PLATTED rive
Bozeman, MT 59715
PROJECT NAME:5TH AVE.TRAIL
CITY OF BOZEMAN IMPROVEMENTS
�' 9x Engineering Division
4 Public Works De artment PROJECT#: '4524.11402.03
p
` x 88^ „ PARCEL#:3-1
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 Three (3) 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: 2537357).
Said public use easement is depicted on Exhibit A attached hereto and more particularly described
as:
Beginning at the Northwest corner of Block 3, being a point on the East right-of-way of North 5th
Avenue and the South right-of-way of West Oak Street, said point of beginning; Thence, from said
point of beginning, S 890 12' 23" E, 20.00 feet along the South right-of-way of West Oak Street;
Thence, S 45° 22'20"W, 21.06 feet; Thence, S 000 02'58" E, 751.50 feet to the North right-of-way of
West Hemlock Street; Thence, S 890 47' 07" W, 5.00 along the North right-of-way of West Hemlock
Street to the East right-of-way of North 5th Avenue; Thence, N 000 02' 58"W, 766.59 feet along East
right-of-way of North 5th Avenue to the South right-of-way of West Oak Street and the point of
beginning, and containing 3,945 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.
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.
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 3-1
PROJECT#:4524.11402.03 Page 1 of 4
GEORGE E.WESTLAKE D.K. MARTINEN, LLC.,A WASHINGTON
LIMITED LIABILITY CORPORATION
r
George E. Westlake Kay . artine
D.K. Martinen, LLC., its Manager
ACKNOWLEDGMENT OF GRANTORS
STATE OF �V�+�><�-�
Q ) ss
County of C. A Y" )
On this d_?—day of -em 4141 , 2011, 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 NESS WHEREOF I have hereunt set my hand and affixed my official seal this day and year
above 'tten. ROSE L.TdMICH
Notary Public
State of Washington
My Appointment Expires Jun 10,2020
L
Notary Public in and for the State of Lr�f1
My Commission Expires:
STATE OF
) SS
County of YcJ.�,_ )
On this ZV�Iay of 201a 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.
FMy
CA R VILLA
ary Public -
Washington
Not ublic in and for the State of csL J
ntment Expires My ommission Expires: `,22,2021
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 3-1
PROJECT#:4524.11402.03 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
By: 9e44is�r Aj�;lr_eA 1j(AV-Iraa'
Interim City Manager
ATTEST:
By: Robin Crough
City Clerk
0 -
�0 '
STATE OF MONTANA )
)Ss.
County of Gallatin )
The foregoing instrument was acknowledged before me t is day of �
& 20/f by is-Taylor and Robin Crough, known to me to be th City Manager and City Jerk
I 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.
sINF� ,, BRE ND �S WEc NEY
y Notary Public in and for the State f Montana
me'aoUftq� '<=for the State of Montana My Commission Expires: v2D)
Residing at:
SEAL.- Bozeman, Montana
My Commission Expires:
♦pbh �
December02,2018
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 3-1
PROJECT#:4524.11402.03 Page 3 of 4
POB WEST OAK STREET
Current Owner:
\\\\\\\\\\\\\\\\\ \\ George E. Westlake and
f\\\\\\\\\\\\\\\\\\\\ D.K. Martinen, LLC.
BLOCK 3 OF
WESTLAKE'SFOURTH
\\ 5-FT\\\\ \\\\\\\\\\ SUBDIVISION
\\\\\\\\\\\\\\\\\\\\ SEC. 1, T2S, R5E
\ \\ PARCEL 3-1 PUE
\\\\ NEW PUBLIC USE \
\ \\'EASEMENT \\
\\\\\\\\\\\\\\\\\\\\ L1 S 89° 12' 23" E, 20.00 FEET
\\\\\\\\ \\\ \\\\ \\ L2 S 45° 22' 20" W, 21.06 FEET
w �\\\\ \\\\\\\\ \\\\\\\ L3 S 000 02' 58" E, 751.50 FEET
Q I\\\\ \\\ \\\\ \\\ \\\ L4 S 89° 47' 07" W, 5.00 FEET
IW\\� L5 N 00° 02' 58" W, 766.59 FEET
O \\\\\\\\\\\\\\\\\\\\
\\\\\\\\\\\\\\\\\\\\
\\\ \\\\\\\\ \\\\\\\ nN
50 0 50 100
SCALE IN FEET
\\ \\\ \\ \\\ \
\EXISTING \\ R/W Legend
\\\\\\\\\\\LINOS ERR \\ ® Existing Road Right-of-Way
\\\\ \\ \\\ \\\\ \\ New Public Use Easement
Area Remaining
WEST HEMLOCK STREET
111r11A
Block Three (3) 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: 2537357).
Said public use easement is more particularly described as:
Beginning at the Northwest corner of Block 3, being a point on the East right-of-way of North 5th
Avenue and the South right-of-way of West Oak Street, said point of beginning; Thence, from said
point of beginning, S 89° 12' 23" E, 20.00 feet along the South right-of-way of West Oak Street;
Thence, S 45° 22' 20" W, 21.06 feet; Thence, S 000 02' 58" E, 751.50 feet to the North
right-of-way of West Hemlock Street; Thence, S 89° 47' 07" W, 5.00 along the North right-of-way
2605444
Page: i of 4 02/06/2018 04:25:46 PM Fee. $28.00
Return t0: Charlott e Mills - I���� MISC
DOWL
2090 Stadium Drive
Bozeman, MT 59715
PROJECT NAME:5TH AVE.TRAIL
CITY OF BOZEMAN IMPROVEMENTS
"tom Engineering Division
Public Works Department PROJECT#: 4524.11402.03
PARCEL#:3-2
CO. Q 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 Three (3) 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: 2537357).
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 Oak Street, from which point the
Northwest corner of Block 3 bears N 89' 12' 23" W, 20.00 feet, said point of beginning; Thence, from
said point of beginning, S 89' 12' 23" E, 14.04 feet along the South right-of-way of West Oak Street;
Thence, S 45' 22'20"W, 26.73 feet; Thence, S 00' 02' 58" E, 747.29 feet to the North right-of-way of
West Hemlock Street; Thence, S 890 47' 07" W, 10.00 feet along the North right-of-way of West
Hemlock Street to the East right-of-way of North 5th Avenue;.Thence, N 000 02' 58" W, 751.50 feet
along the East right-of-way of North 5th Avenue; Thence, N 450 22'20" E, 21.06 feet along East right-
of-way of North 5th Avenue to the South right-of-way of West Oak Street and the point of beginning,
and containing 7,733 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 3-2. Said parcel, containing 7,733 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 5th Ave. Trail
Improvements Project.
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 3-2
PROJECT*4524.11402.03 Page 1 of 4
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 H.-fAartinen
D.K. Martinen, LLC., its Manager
ACKNOWLEDGMENT OF GRANTORS
STATE OF
)S
County of C CA✓j )
On this day of �NPM , 20L7before 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
ROSE L TOMICH
Notary Public
Stateto of Washington -
My Appointment Expires Jun 10,2020
otary Public in and for the State of
My Commission Expires:
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 3-2
PROJECT#:4524.11402.03 Page 2 of 4
STATE OF
)SS
County of C'k�--^ )
On this Z -day of 20)q 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.
JESSICA R VILLA
Notary Public
State of Washington Notary u is in and for the State of
My Appointment Expires
My Commission Expires: "?, ZZ
Mar 22,2021
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 3-2
PROJECT#:4524.11402.03 Page 3 of 4
POB WEST OAK STREET
L6 Georent Owner:
e E. Westlake and
D.K. Martinen, LLC.
BLOCK 3 OF
\\\\ \\\\\\\\ \\\\\\ WESTLAKE'SFOURTH
10-FT \\\\\\\\\\\\\ SUBDIVISION
SEC. 1, T2S, R5E
\\\\\\\TEMPORARYCE \
\ CONSTRUCTION \
\ \\\.EASEMENT \
FEET
\\\\\\\\\\\\\\\\\\\ L2 S 45° 22' 20" W, 26.3 FEET
w \\\�\\\ \\\\�\\\ \\ L3 S 00° 02' 58" E, 747.29 FEET
Q \\ \\ \\\ \\ \\\ L4 S 89° 47' 07" W, 10.00 FEET
L5 N 00° 02' 58" W, 751.50 FEET
j \\�\\\�\\\\�\\\�\\\ L6 N 45° 22' 20" E, 21.06 FEET
z \ \ \ \
\\\ \\\ \\\\ \\\ \\ Ih.
\\\\\\\\\\\\\\\\\\\ `JN
\\ \\\ \\ \\\ \ so o so 100
\\\\ \\\\\\\\\\\\\\ SCALE IN FEET
\\\ \\\ \EXISTING \ R/W Legend
\\\ \\ \\PROPERTY \
\\\\\\ \\ LINE (TYP) \\ ® Existing Road Right-of-Way
New Temporary Construction
Easement
\\ \\ \\\\ \\\ \\\ Area Remaining
ti
WEST HEMLOCK STREET
Block Three (3) 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: 2537357).
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 Oak Street, from which point
the Northwest corner of Block 3 bears N 89' 12' 23" W, 20.00 feet, said point of beginning; Thence,
from said point of beginning, S 89' 12' 23" E, 14.04 feet along the South right-of-way of West Oak
Street; Thence, S 45' 22' 20" W, 26.73 feet; Thence, S 000 02' 58" E, 747.29 feet to the North
right-of-way of West Hemlock Street; Thence, S 89' 47' 07" W, 10.00 feet along the North
rinht_nf_%Aiav of 1AIec+ I-IominnU Q+roc+ +l +ko E=+ r;. k4- ^;—.... .; 1%1 . 4L, eaN n.,,,.... TL-____ ki nno