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HomeMy WebLinkAbout18- Public Use Easement - SID 716, LLC - Oak Street Roadway Improvements, Parcel 5-1 2605445 Return to: PLATTE CharlottefMills ©ZGalla0tin County, MTM Fee: $ZMISc DOWL I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII 2090 Stadium Drive Bozeman, MT 59715 o130 PROJECT NAME: OAK STREET ky+ Ct mil, CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division pROJECT#: 4535.11402.09 µ� g - 4 Public Works Department 7rr9r ^$ PARCEL#:5-1 rca?� PUBLIC USE EASEMENT CORRECTED PUBLIC USE EASEMENT This Public Use Easement is to correct the legal description of Document#2595711. THE GRANTOR(S), SID 716, LLC, a Montana Limited Liability Corporation, whose mailing address is 20 W. Haley Springs Road, Unit A, 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 real property located in Gallatin County, Montana: Lot 4 of the Amended Plat of Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 5, located in the Northwest one-quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, all according to the official plat thereof on file and of record in the office of the Clerk and Recorder for Gallatin County, Montana (Plat Reference: J-493A). Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest corner of the easement herein described, being a point on the East right- of-way of Davis Lane and the North right-of-way of West Oak Street, from which point the West quarter corner of Section 2, T2S, R5E, P.M.M., bears S 38' 18' 03" W, 83.34 feet, said point of beginning; Thence, from said point of beginning, N 010 25' 57" E, 170.07 feet along the East right-of- way of Davis Lane; Thence, S 88' 34' 03" E, 2.00 feet; Thence, S 01° 25' 57" W, 29.99 feet; Thence along a curve to the LEFT, having a radius of 309.03 feet, a delta angle of 16' 27' 08", and whose long chord bears S 06' 47' 37" E a distance of 88.43 feet; Thence along a curve to the LEFT, having a radius of 106.50 feet, a delta angle of 160 41' 58", and whose long chord bears S 23' 22' 10" E a distance of 30.93 feet; Thence along a curve to the LEFT, having a radius of 49.00 feet, a delta angle of 580 43' 24", and whose long chord bears S 610 04' 51" E a distance of 48.05 feet to the North right- of-way of West Oak Street; Thence, S 890 33' 27" W, 70.29 feet along the North right-of-way of West Oak Street to the point of beginning, and containing 2,133 sqft., more or less as shown on Exhibit A. CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-1 PROJECT*4535.11402.09 Page 1 of 4 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. SID 716, LLC W. Mark Easton, Member ACKNOWLEDGMENT OF GRANTOR STATE OFfzn�,_ ) ss County of G�,dl�+ltt ) On this day of 9aµ _, 2018, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, W. Mark Easton, a Member of SID 716, LLC, a Montana 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. ONY G'' ANTHONY GADDO �pQ'-i Notary Public e:�oTARia�.o :for the State of Montana Presiding at: Notary Public in and for the State of 04 Bozeman, Montana My Commission Expires. 1130 11q ' 9�OFMOP My Commission Expires: January 30, 2019 CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-1 PROJECT#:4535.11402.09 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: An rea 4urratt City Manager R ^j ATTEST: '`��.a�+■ ■ .G.�1 By: Robin Crough City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this _S'4�'day of 20L9 by Andrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk fcr 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. oAS BRENDA SWEENEY QFi? FZ'. Notary Public Notary Public in and for the Sta e o ontana for the State of Montana My Commission Expires: D .SF,AL. *= Residing �?��. Bozeman, Montana My Commission Expires: December 02,2018 CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-1 PROJECT*4535.11402.09 Page 3 of 4 Current Owner: \\\ \ \\\ � \\\ \\\ \�\SID716, LLC. \\ LOT 4IN WEST WINDS �\ \\3270 Breeze Lane \\ MAJOR SUBDIVISION \\ \\Bozeman, MT 59718 \\ PHASE 4/5 SEC. 2, T2S, \\ \`(Physical Address) ` \\ R5E \ \\\ \ \\\L1 N 01° 25' 57" E, 170.07 FEETJ \\\ \ 0 0 \ \\\;L2 S 88' 34' 03" E, 2.00 FEET \\\\ z z i\\ \ L3 S 01 25 57" W, 29.99 FEET \\ p X0 \i\\\\ \'R1 R = 309.03 FEET, A = 16' 27' 08", \ \\ LC = S 06' 47' 37" E, 88.43 FEET \\ \ \\\\ R2 R = 106.50 FEET, A = 16°41'58", \\\ \ O O \ \\\ LC = S 23' 22' 10", 30.93 FEET \\\ z \\\ \\\R3 R = 49.00 FEET, A =58'43'24", \\\\ z z \\ \\ LC = S 61' 04' 51",48.05 FEET \\\ Q Q \\ \\ \L4 S 890 33' 27" W, 70.29 FEET \ \ cn U) \I ,L2 \\ \ \ \ \ \ Q \\\\ \EXISTING \\ \\\ \ \\\\ \\\ \ r' \ UTILITY \\ \\\ \\ \\ o \\\EASEMENT \\\\ \\\\\ \\\\ \\\ \\\ \\\\ \\\\\ \\\\ \\\\\ \\\\ \\\ \\ \\ \\ \\ \\\ \\ \ \PARCEL5-1PUE \ \\\ \\\\ \\\ i\\ `NEW PUBLIC USE \ \\\\ \\\\\ \\\\ \\ EASEMENT \ \ \\ \\\ \\ \\ \\ \\ \\\ \\ \\\ EXISTING ROAD \ \ R\HT,OF-WAY . POB WEST OAK STREET R/W Legend ® Existing Road Right-of-Way eo o so iao New Public Use Easement SCALE IN FEEr Area Remaining N A public use easement to the City of Bozeman, on Lot 4 of the Amended Plat of Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 5, located in the Northwest one-quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, all according to the official plat thereof on file and of record in the office of the Clerk and Recorder for Gallatin County, Montana (Plat Reference: J-493A). Said public use easement is more particularly described as: Beginning at the Southwest corner of the easement herein described, being a point on the East right-of-way of Davis Lane and the North right-of-way of West Oak Street, from which point the West quarter corner of Section 2, T2S, R5E, P.M.M., bears S 38' 18' 03" W, 83.34 feet, said point of beginning; Thence, from said point of beginning, N 01° 25' 57" E, 170.07 feet along the East right-of-way of Davis Lane; Thence, S 88° 34' 03" E, 2.00 feet; Thence, S 01° 25' 57" W, 29.99 feet; Thence along a curve to the LEFT, having a radius of 309.03 feet, a delta angle of 16' 27' 08", and whose long chord bears S 06' 47' 37" E a distance of 88.43 feet; Thence along a curve to the LEFT, having a radius of 106.50 feet, a delta angle of 16' 41' 58", and whose long chord bears S 23' 22' 10" E a distance of 30.93 feet; Thence along a curve to the LEFT, having a radius of 49.00 feet, a delta angle of 580 43' 24", and whose long chord bears S 61° 04' 51" E a distance of 48.05 feet to the North right-of-way of West Oak Street; Thence, S 890 33' 27" W, 70.29 feet along the North right-of-way of West Oak Street to the point of beginning, and containing 2,133 sqft., more or less . Right of Way Required for Oak Street and PROJECT: 4524.11402.D9 Davis Lane Roadway Improvements DATE: 10/25/2017 B O W L City of Bozeman, Montana EXHIBIT A 40BDB&-8834 "° "" ." PARCEL 5-1 Page 4 of 4 PLATTED 2595711 Page: 1 of 4 10/13/2017 03:49:55 PM Fee: $28.00 Charlotte Mills - Gallatin County, MT MISC Return to:DOWL 1111111111 IN IN 2090 Stadium Drive Bozeman, MT 59715 so PROJECT NAME:OAK STREET CITY OF BOZEMAN ROADWAY;IMPROVEMENTS Engineering Division PROJECT#: 4535.11402.09 .` <} Public Works Department r 9�r9 88 a% PARCEL#:5-1 C . PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTOR(S), SID 716, LLC., a Montana Limited Liability Corporation, whose mailing address is 20 W. Haley Springs Road, Unit A, 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 real property located in Gallatin County, Montana: Lot 1 in Block 4 of the final plat of West Winds Major Subdivision Phase 5, City of Bozeman, Gallatin County, Montana, 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-494). Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest corner of the easement herein described, being a point on the East right- of-way of Davis Lane and the North right-of-way of West Oak Street, from which point the West quarter corner of Section 2, T2S, R5E, P.M.M., bears S 38' 18' 03" W, 83.34 feet, said point of beginning; Thence, from said point of beginning, N 01' 25' 57" E, 170.07 feet along the East right-of- way of Davis Lane; Thence, S 880 34' 03" E, 2.00 feet; Thence, S 01' 25' 57" W, 29.99 feet; Thence along a curve to the LEFT, having a radius of 309.03 feet, a delta angle of 160 27' 08", and whose long chord bears S 060 47' 37" E a distance of 88.43 feet; Thence along a curve to the LEFT, having a radius of 106.50 feet, a delta angle of 16' 41' 58", and whose long chord bears S 23' 22' 10" E a distance of 30.93 feet; Thence along a curve to the LEFT, having a radius of 49.00 feet, a delta angle of 580 43' 24", and whose long chord bears S 610 04' 51" E a distance of 48.05 feet to the North right- of-way of West Oak Street; Thence, S 890 33' 27" W, 70.29 feet along the North right-of-way of West Oak Street to the point of beginning, and containing 2,133 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:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-1 PROJECT#:4535.11402.09 Page 1 of 4 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. SID 716, LLC. W. Mark Easton, Member ACKNOWLEDGMENT OF GRANTOR STATE OF ss County of j`n,) On this 1-2- day of iI�P cun}�r , 2%2 before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, W. Mark Easton, a Member of SID 716, LLC., a Montana 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. •CPU.H(16.',. APRIL HUBERa�, Notary Public pTAR1.1 s for the State of Montana Residing at: Notary Public in and for the St of ;u3�.,SEAL.-Q Bozeman, Montana My Commission Expire My Commission Expires: September 01,2020 CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-1 PROJECT#:4535.11402.09 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: TY OF BOZEMAN Lrl- K. By: 94,r�trlski Dchlni s M.TGt41cm- City Manager (h{ lnn ATTEST: O� By: Robin Crough City Clerk * . .�-_ • `1883 . � c®slab STATE OF MONTANA ) )ss. County of Gallatin The foregoing instrument was acknowledged before mekhe s /a'� day of OCer ?s 20J17 by G44 < � I and Robin Crough, known to me to be City Manager and City Clerk for the DerhiS l y of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to M • 'lq)or 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 SWF�4V, Notary Public Notary Public In and for the St f Montana 3m:�QfARfqj•t'_for the State ofMontana My Commission Expires: *_ Residing at: .SEAL.�Q; Bozcman, Montana My Commission Expires: December 02,2018 CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-1 PROJECT#:4535.11402.09 Page 3 of 4 \\ \\\\ \\\\ \\\ \\\\ \\\ \\\\ \ Current Owner: \\ LOT 1 IN BLOCK 4 \ \\SID 716, LLC. \\ WEST WINDS MAJOR \ \\\3270 Breeze Lane \\ SUBDIVISION PHASE 5 \\ \�\\Bozeman, MT\ Ph s cal Address)18 \\\ SEC. 2, T\\R5E \'\ \\\Ll\ N 010 25 57" E, 170.07 FEET \\\\ \\\\\L2 S 88° 34' 03" E, 2.00 FEET \\\\ \ \L3 S 01° 25' 57" W, 29.99 FEET \\ I\\ \\ \R1 R = 309.03 FEET, A = 16°27'08", 0 0 \\\ LC = S 06' 47' 37" E, 88.43 FEET \\\ \ D � \ \\\ R2 R = 106.50 FEET, A = 16'41'58", \\\ \ m m LC = S 23' 22' 10", 30.93 FEET \\\ \\\ \\ R3 R = 49.00 FEET, A =58'43'24", \ \\\\ /DD \\\ \ LC = S61' 04' 51", 48.05FEET \ \\ O) Zz \\\ L4 S 89° 33' 27" W, 70.29 FEET \\ z z \\\ \\\\\ \\\\ \\\\\ \\\\ \\\\\ \\ Q Q I\� \\ \\\\\ \\\\ \\\\\ \\\\ \\\\\ \\ rn C \ L2 \ \\\\ \\\ \\\\ \\\ \\\\ \\ Q Q \\\\ \EXISTING \\ \\\\\ \\\\ \\\\ \\ 0 0 \ \ UTILITY \\ \\\\ \\\ \\\ \ \\ \\\\\SEMENT\\\\ \\\\\\\\\ \\\\ \\ PARCEL 5-1 PUE \\\EXISTING \ \ \\ \ ANEW PUBLIC USE \\PROPERTY , \\\\ \ \EASEMENT \ LINE N \\\\ \\\\ \\\\\ \\\\EXISTING ROAD \ \ \\\\\ \\\\ \\\\\ \ \ RIGHT-OF-WAY \ \ /V/0/ POB WEST OAK STREET R/W Legend ® Existing Road Right-of-Way 80 0 80 180 New Public Use Easement SCALE IN FEET Area Remaining I N A public use easement to the City of Bozeman on Lot 1 in Block 4 of the West Winds Major Subdivision Phase 5, located in Section 2, T2S, R5E, P.M.M., Gallatin County, Montana, more particularly described as follows; Beginning at the Southwest corner of the easement herein described, being a point on the East right-of-way of Davis Lane and the North right-of-way of West Oak Street, from which point the West quarter corner of Section 2, T2S, R5E, P.M.M., bears S 38' 18' 03" W, 83.34 feet, said point of begi,n,ning; Thence, from Said point of beginning; N 01' 25' 57" E. 170.07 feet along the East right-of-way of Davis Lane; Thence, S 88' 34' 03" E, 2.00 feet; Thence, S 01° 25' 57" W, 29.99 feet; Thence along a curve to the LEFT, having a radius of 309.03 feet, a delta angle of 16' 27' 08", and whose long chord bears S 060 47' 37" E a distance of 88.43 feet; Thence along a curve to the LEFT, having a radius of 106.50 feet, a delta angle of 160 41' 58", and whose long chord bears S 23' 22' 10" E a distance of 30.93 feet; Thence along a curve to the LEFT, having a radius of 49.00 feet, a delta angle of 580 43' 24", and whose long chord bears S 61' 04' 51" E a distance of 48.05 feet to the North right-of-way of West Oak Street; Thence, S 89' 33' 27" W, 70.29 feet along the North right-of-way of West Oak Street to the point of beginning, and containing 2,133 sqft., more or less . Right of Way Required for Oak Street and PROJECT: 4524.11402.09 Davis Lane Roadway Improvements DATE: 11/10/2016 D O W L City of Bozeman, Montana EXHIBIT A 2090 4M58&B°m"°'m° e�'�',"'°"mA.W— PARCEL 5-1 Page 4 of 4 40658FBHi4 wrw�.tlowl.com