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HomeMy WebLinkAbout18- Public Use Easement - W. and D. Peterson - Baxter and Davis Right-of-Way Acquisition Return To: 2606204 Security Title Company Page: 1 of 4 02/16/2018 04:20:17 PM Fee: $28.00 P.O. Box 6550 Charlotte Mills - Gallatin County, MT MISC P�P���° IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IN Bozeman, MT 5977 � 550 o g02 PROJECT NAME: BAXTER LN.AND ti��wK S y`ti CITY OF BOZEMAN DAVIS LN. R/W ACQUISITION Engineering Division s= ; Public Works Department PROJECTM 4524,11402.01 ;,� - •: u ''. _�:� PARCEL M 2-1 PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTOR(S), WILLIAM R. PETERSON AND DIANNE PETERSON, as joint tenants, whose address is 5001 East Baxter Lane 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, located in the south half of the southwest quarter of the southwest quarter of the southwest quarter (S'/2SW'/4SW'/4SW'/4) of Section 35, T1 S, 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 southwest corner of the easement herein described, being a point on the north right-. of-way of Baxter Lane, from which point the southwest corner of Section 35, T1 S, R5E, P.M.M., bears S 46° 08' 15" W, 42.63 feet, said point of beginning; Thence, from said point of beginning, N 01° 24' 34" E, 301.59 feet along the east right-of-way of Davis Lane; Thence, S 89' 08' 21" E, 20.12 feet; Thence, S 01' 23' 13"W, 239.33 feet; Thence, S 36' 06' 23" E, 52.87 feet; Thence, S 89° 08' 19" E, 578.66 feet; Thence, S 01° 24' 51" W, 20.06 feet to the north right-of-way of Baxter Lane; Thence, N 89' 08' 05" W, 631.08 feet along the north right-of-way of Baxter Lane to the point of beginning, and containing 19,004 sqft, 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 part, remains a public way. Dated this�day of 20// William R. Peterson Dianne Peterson CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-1 PROJECT NUMBER:4524.11402.01 Page 1 of 3 ACKNOWLEDGMENT OF GRANTORS STATE OF MONTANA ) ) ss County of Gallatin ) On this `y day of 201, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantors, William R. Peterson and Dianne Peterson, as joint tenants, known to me to be the identical persons who executed the foregoing instrument and acknowledged to me that William R. Peterson and Dianne Peterson signed the same as William R. Peterson and Dianne Peterson free and voluntary act and deed, 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. F"� �aqs,; STACEY LAJb o Notary PuRrq�? for the State of* ResidingNotary Public i nd for the State of Montana AL. T; Belgrade, MMy Commission xpires:P�Moe; My CommissionFebruary 12, 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: By: Title: ATTEST: By: POIC L9TjN CO ��O CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-1 PROJECT NUMBER:4524.11402.01 Page 2 of 3 STATE OF MONTANA ) )SS. County of Gallatin ) The foregoing instrument was acknowledge �d before me this day of �` , 20� rP by 1Anc C:, )L-�rrG� and �1C;1n�r ( :i is ,�G11 , known to me to.,be the ; -\� , and ( lC ,r K_ for the City of Bozeman and the persons whose Harries 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. r C ALICIA �J°'PKENH�O�� NOTARY ueNCf�xthe M NEDY Notary Commbss on Ex ices;lic in ani�fb he State of Montana l 'l`jeT-- 4; STATE OF MONTANA y ; SEAL. N�� ,2r) Residing at Bozeman,Montana My Commission Expires August 04,2019 CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-1 PROJECT NUMBER:4524.11402.01 Page 3 of 3 DAVIS LANE POB LDS_ / CURRENT OWNER: /WILLIAM AND DIANNE PETERSON /5001 EAST BAXTER LANE BOZEMAN,MT 59718 S'/2SW V4SW/4 SW1�4 j OF SEC. 35, T1 S, R5E, z 3 W PARCEL 2-1 PUE NEW PUBLIC USE EASEMENT j;EXISTINGEjS�ENT j Al 1401"24 34"E 301.59 FEET/,j\\N A , 12 S 89°08'21"E,20.12 FEET L3 S 01"23'13"W.239.33 FEET / L4 S 36'O6'23"E,52.87 FEET /-5 S 89'08'19"E.578.66 FEET L6 S 01°24'51"W,20.06 FEET L7 89°08'05"W,631.08 FEET /EXISTING PROPERTY LINE / L6 A PUBLIC USE EASEMENT TO THE CITY OF BOZEMAN,LOCATED IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER(S%SW'/.SW'/.SW'/.)OF SECTION 35,T1S,R5E,P.M.M.,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF THE EASEMENT HEREIN DESCRIBED, BEING A POINT ON THE NORTH RIGHT-OF-WAY OF BAXTER LANE,FROM WHICH POINTTHE SOUTHWEST CORNER OF SECTION 35,T18,R5E,P.M.M.,BEARS S 46° RM+LEGEND 08'15-W,42.63 FEET,SAID POINT OF BEGINNING;THENCE,FROM SAID POINTOF BEGINNING,N 01'24'34"E,301.59 FEET ALONG THE EAST RIGHT-OF-WAY OF ® MUM EASEesEur DAVIS LANE;THENCE,S 89°08'21'E.20.12 FEET;THENCE,S 01-23'13"W,239.33 FEET;THENCE,S 35'06'23°E.52.87 FEET;THENCE,S 89°08'19"E,578.66 FEET; THENCE,S 01°24'51"W,20.06 FEET TO THE NORTH RIGHT-OF-WAY OF BAXTER 40 NEW PLRLIC❑SE EASEAIENr LANE;THENCE,N 89"08'05°W,631.08 FEET ALONG THE NORTH RIGHT-OF-WAY OF 0 BAXTER LANE TO THE POINT OF BEGINNING,AND CONTAINING 19,004 SOFT,MORE rAREA REI:AUl4NG SCALE IN FEET OR LESS. BAXTER LANE AND DAVIS LANE PROJECT 4524.11402.01 RIGHT-OF-WAY ACQUISITION DATE 8/27/2015 tit-)O w L CITY OF BOZEMAN,MONTANA PARCEL2-1 EXHIBIT A S)SS"5W1{SWg SEC 35,T1S R5E P.M.M. Security Title �. 2606205 � Page: 1 of 4 02/16/2018 04:20:17 PM Fee: $28.00 I7 OF o 550 PLA�TED _ harlotte Mills - Gallatin County, MT MISC ` Sozema , ®6550 y11111111111111111111111111111111111111111111111111111111111111111111111111111111 ;�BQ2z PROJECT NAME: BAXTER LN.AND l ��° CITY OF BOZEMAN DAVIS LN.R/W ACQUISITION Engineering Division PROJECT#: 4524.11402.01 Public Works Department PARCELM 2-2 TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(S), WILLIAM R. PETERSON AND DIANNE PETERSON, as joint tenants, whose address is 5001 East Baxter Lane Bozeman, MT 59718, as owners of the property described below, and its/their successors and assigns for good and valuable consideration, 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: A temporary construction easement to the city of Bozeman, located in the south half of the southwest quarter of the southwest quarter of the southwest quarter (S'/2SW'/4SW'/4SW'/) of Section 35, T1S, 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 southwest corner of the easement herein described, being a point on the north right-of-way of Baxter Lane, from which point the southwest corner of Section 35, T1 S, R5E, P.M.M., bears S 59' 45' 35" W, 96.81 feet, said point of beginning; Thence, from said point of beginning, N 36' 06' 23" W, 52.87 feet along the east right-of-way of Davis Lane; Thence, N 01' 23' 13" E, 239.33 feet along the east right-of-way of Davis Lane; Thence, S 89- 08' 21" E, 5.00 feet; Thence, S 01' 23' 13" W, 237.68 feet; Thence, S 36' 06' 23" E, 48.68 feet; Thence, S 89' 08' 19" E, 46.01 feet; Thence, N 35° 01' 50" E, 27.80 feet; Thence, S 89- 08' 19" E, 41.00 feet; Thence, S 30' 26' 49" E, 26.92 feet; Thence, S 89' 08' 19" E, 459.61 feet; Thence, S 01' 24' 51" W, 5.00 feet to the north right-of-way of Baxter Lane; Thence, N 89' 08' 19"W, 578.66 feet along the north right-of-way of Baxter Lane to the point of beginning, and containing 5,617 sqft, more or less. 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 No.2-2. Said parcel, containing 5,617 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 Baxter Lane and Davis Lane Intersection Improvement 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 CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-2 PROJECT NUMBER:4524.11402.01 Page 1 of 3 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. A release of easement will be recorded at the conclusion of the project. Dated this J day off 201� William R. Peterson Dianne Peterson ACKNOWLEDGMENT OF GRANTORS STATE OF MONTANA ) ) ss County of Gallatin ) On this I Y day of 201%, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantors, William R. Peterson and Dianne Peterson, as joint tenants, known to me to be the identical persons who executed the foregoing instrument and acknowledged to me that William R. Peterson and Dianne Peterson signed the same as William R. Peterson and Dianne Peterson free and voluntary act and deed, 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. ""' STACEY LARSON a� Y9Sp'<, Notary Public Notary Public in anUfor the State of Montana :for the State of Montana My Commission Expires: pa.-la' ol0a Residing at: SEAL P2�;= Belgrade, Montana My Commission Expires: OF Mo ,,, February 12, 2021 CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-2 PROJECT NUMBER:4524.11402.01 Page 2 of 3 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: By. Title: ATTEST: ` ozz Title: CA>ft4 C -VK- E., • w . • �LLATIN CO STATE OF MONTANA ) )ss. County of Gallatin ) The foregoing instrument w s acknowledged before me this day of ` 1 201 by \Y i and �I hkl'N known to me to be the C> and ,� Y k_ for the City of Bozeman and the persons whose n mes 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. ALICIA KENNEDY NOTARY PUBLIC for the Notary Public in and or t State of Montana STATE OF MONTAPIA My Commission Ex fires: Residing at Bozeman,Montana My Commission Expires of M° August 04,2019 CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-2 PROJECT NUMBER:4524.11402.01 Page 3 of 3 DAVIS LANE 2 POB CURREN/T TO ER/ /WILLIAM AND DIANNE PETERSON /5001 EAST BAXTER LANE "BOZEMAN,MT 59718 / ,;;;ice S%2SM/SW�/4SWl/4� / OF SEC. 35, T1 S, R5E In ca PARCEL 2-2 TCE NEW TEMPORARY CONSTRUCTION EASEMENT \\mN\ R / / / /Lt N 3d'06 23"W,52.87 FEET /L2 N 01°23'13"E,239.33 FEET 3 S 89°08'21"E,5.00 FEET L4 S 01"23'13"W,237.68 FEET/ L5 S 36°06'23"E,48.68 FEET /L6 S 89"08'19"E,46.01 FEET L7 N 35"01'50"E,27.80 FEET L8 S 89"08'19"E,41.00 FEET L9 S 30'26'49"E,26.92 FEET /1-10 S 89'08'19"E,459.61 FEET L11 S01°24'51"W,5.00FEET L12 N 89°08'19"W,578.66 FEET' /EXISTING EASEMENT EXISTING PROPERTY LINE/ L11 / A TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF BOZEMAN,LOCATED IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER(S%SW'/.SlAr%SW'/.)OF SECTION 35, T1S,R5E,P.M.M.,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF THE EASEMENT HEREIN DESCRIBED, BEING A POINT ON THE NORTH RIGHT-OF-WAY OF BAXTER LANE,FROM WHICH POINTTHE SOUTHWEST CORNER OF SECTION 35,T1S,R5E,P.M.M.,BEARS S 59` 45'35-W,96.81 FEET,SAID POINT OF BEGINNING;THENCE,FROM SAID POINT OF RNV LEGEND BEGINNING,N 36°06'23-W,52.87 FEETALONG THE EAST RIGHT-OF-WAY OF DAVIS LANE;THENCE,N 01'23'13'E,239.33 FEET ALONG THE EAST RIGHT-OF-WAY OF DAVIS LANE;THENCE,S 89"08'21"E,5.00 FEET;THENCE,S 01°23'13"W,237.68 ® Eatsrwc EnsEMEur - FEET;THENCE,S 36-06'23-E,48.68 FEET;THENCE,S 89"08'19-E,46.01 FEET; THENCE,N 35°01'50"E.27.80 FEET;THENCE,S 89"08'19"E,41.00 FEET;THENCE, © NE�ITEMPO— S 30°26'49"E,26.92 FEET;THENCE,S 89-08'19"E,459.61 FEET;THENCE,S 01"24' COv RUUION E Ss EW 40 0 40 W 51"W,5.00 FEET TO THE NORTH RIGHT-OF-WAY OF BAXTER LANE;THENCE,N 89' SCALE IN FEET 08'19'W,578.66 FEET ALONG THE NORTH RIGHT-OF-WAY OF BAXTER LANE TO AREA---- THE POINT OF BEGINNING,AND CONTAINING 5,617 SOFT,MORE OR LESS. BAXTER LANE AND DAVIS LANE PROJECT 4524.11402.01 RIGHT-OF-WAY ACQUISITION DATE 8/27/2015 p O W L CITY OF BOZEMAN,MONTANA zaro st�a oR,� Busnd�,Mmb.59715 PARCEL 2-2 EXHIBIT A sXsvrA511^Asw9 SEC 35,T15 R5E P.M.M.