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Home My WebLink About18- Public Use Easement - Gallatin Center Limited Partnership - Baxter Lane Roadway Improvements, Parcel 10-1 and 10-2 T E MONTANA TITLE ANC l� CZ p�ATTED ORDER# 1��11 2605726 Page: 1 of 5 02/12/2018 11:13:54 AM Fee: $35.00 Charlotte Mills - Gallatin County, MT MISC illllllillllli III fillllllllllllllIN11llllllllllllllllllllllllllllllllllllllllllllllll11 Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 og so2 - PROJECT NAME: BAXTER LANE fti l CITY OF BOZEMAN ROADWAY IMPROVEMENTS V 9�� Engineering Division PROJECT M 4524.11402.01 E -s __>_ Public Works Department 88 �j� PARCEL#: 10-1 AND 10-2 PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTOR(S), GALLATIN CENTER LIMITED PARTNERSHIP, a Montana Limited Partnership, whose address is 220 W Lamme, Suite 1F Bozeman, MT 59771-0906, 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: Lot 3, of Minor Subdivision 210, recorded July 10, 1997, situated in the NE%and the SE'/of Section 35, T1S, R5E, P.M.M., Gallatin County, Montana. EXCEPT The Gallatin Center Subdivision PUD Phase I, recorded December 8, 1998 in Book J of Plats, Page 264, Official Records. AND EXCEPT The Gallatin Center Subdivision PUD Phase II, recorded December 12, 2000, in Book J of Plats, Page 305, Official records. AND EXCEPT The Gallatin Center Subdivision PUD, Lot 10-Phase III, recorded May 14, 2002 in book J of Plats, Page 333, Official Records. AND EXCEPT The Gallatin Center Subdivision PUD Lot 9.1-Phase II, recorded November 21, 2002, in Book J of Plats, Page 348, Official Records. AND EXCEPT Phase I of the Gallatin Center Subdivision PUD Phase 4, recorded April 5, 2006, in Book J of Plats, Page 423, Official Records. Said public use easements are depicted on Exhibit A and Exhibit B attached hereto and more particularly described as: Parcel 10-1: Beginning at the southwest corner of the easement herein described, being a point on the east right- of-way of Thomas Drive, from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 01' 29' 16" W, 45.00 feet, said point of beginning; Thence, from said point of beginning, N 01' 29' 16" E, 105.00 feet along the east right-of-way of Thomas Drive; Thence, S 89° 01' 07" E, 45.00 feet; Thence, S 01' 29' 16" W, 80.22 feet; Thence, S 43' 43' 41" E, 27.84 feet; Thence, S 89' 01' 07" E, 650.04 feet; Thence, N 00' 58' 54" E, 75.00 feet; Thence, S 89' 01' 07" E, 104.53 feet to the east line of said tract; Thence, S 00° 56' 39" W, 80.00 feet along the east line of said tract to the north right-of-way of Baxter Lane; Thence, N 89' 01' 06" W, 819.43 along the north right-of-way of Baxter Lane to the point of beginning, and containing 16,636 sqft, more or less and as shown on Exhibit A. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10-1 and 10-2 PROJECT#:4524.11402.01 Page 1 of 5 Parcel 10-2: Beginning at the southeast corner of the easement herein described, being a point on the north right- of-way of Baxter Lane, from which point the southeast corner of Section 35, T1S, R5E, P.M.M., bears S 00- 58' 53" W, 45.00 feet to the south section line of Section 35; Thence, S 89' 01' 07" E, 978.26 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 89' 01' 06"W, 398.92 feet along the north right-of-way of Baxter Lane to the west line of said tract; Thence, N 00' 56' 39" E, 5.01 feet along the west line of said tract; Thence, S 89' 01' 07" E, 248.89 feet; Thence, N 00' 58' 53" E, 35.00 feet; Thence, S 89' 01' 07" E, 55.00 feet; Thence, S 00° 58' 53" W, 35.00 feet; Thence, S 890 01' 07" E, 95.03 feet to the west right-of-way of N. 19th Avenue; Thence, S 00' 56' 16" W, 5.01 feet along the west right-of-way of N. 19th Avenue to the north right-of-way of Baxter Lane to the point of beginning, and containing 3,923 sqft, more or less and as shown on Exhibit B. All improvements are the property of the CITY OF BOZEMAN, removable at its option. Said parcels are 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 Roadway Improvements Project. 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 3 day of 20 GALLATIN CENT,IER ITED PARTNERSHIP, a Montana Limited Partnership Nam gene Graf Ti e: General Partner of Gallatin Center Limited Partnership ACKNOWLEDGMENT OF GRANTOR STATE OF 14o1V' 7n/A ) ) ss County of 64w4-nnl ) On this '.; day of 1 NtjaW,( 201 , before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, Eugene Graf, III, General Partner of Gallatin Center Limited Partnership, a Montana Limited Partnership, 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 company, 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. HEIDI SUMMI = ` � Notary Public =— �= oTAR14 for the State of Montana *;N Residing at: Notary Public in and for the State of Ajciv�rnA✓ 5;.SEAL.-,T Bozeman, Montana My Commission Expires: My Commission Expires: MO,,,' December 07,2020 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10-1 and 10-2 PROJECT*4524.11402.01 Page 2 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 Ld,j� ,—v— Date: ` By: Andrea Surratt City Manager ATTEST: J' Z4 i . � f♦ ti� f�j.^ f ~ �• rt • I ^.• By: obin Crough , • City Clerk .-��•. 18g .off • IV Co. STATE OF MONTANA ) )Ss. County of Gallatin ) The foregoing instrument was acknowledged before me this `^ T day of 20`. by Andrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk f r 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. "opshiF', BRENJUA SV EENEY ;.,��,• F IVotery Pt Iblic Notary Public in and for the Soto ol Montana p4 -00TAgIg4'.OA-for the Stnte of Montana My Commission Expires:21- Scalding at: SEAL i Bozornan, Montana �R p` My Commission Expires: December 02,2018 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10-1 and 10-2 PROJECT*:4524.11402.01 Page 3 of 5 \ \EXISTING20' \\Current Owner: \\WIDE UTILITY \ \\Gallatin Center Limited Partnership \\ \ \\EASEMENT \�\X� \N 19thAve. iP) \\ �\\t\\�\\Bozeman,MT59715 \\t\\I \\ \ \ LOT 3 OF MINOR ' - LU t\SUBDIVISION NO.210 \ \\\\\ EXISTING \\\ \\ \ �\� z �\OF SEC.35,T1S R5E \ \\\\v PROPERTY I\\\ Jt �\ LINEEXISTING \\\ I\\t \\\ ¢ I\; \ FL- PUBLIC OPEN DE \\ p \ PARCEL 10-1 PUE \\ \\ SPACE/LINEAR t\\\ \\L`� \\\ z _ \ NEW PUBLIC USE \\ \��\ TRAIL AND STREAM ~ t\'(SEEASE DETAIL \ \\ \\ CORRIDOR. \\ \�. \\\ \\\`I I� EASEMENT EXISTING ROAD \\\\\\\\\\\\\\\\\\\ EASEMENT BARTER LANE tta o tta aoo 90ME N FEET EXISTING 70'WIDE PUBLIC OPEN SPACE/LINEAR TRAIL PARCEL 10-1 DETAIL AND STREAM CORRIDOR EASEMENT ?, \ \EXISTING20' \\\\\\\\\\\\ I\\\ \\i\\y\ \"WIDE UTILITY \\\ \\\ \\\ \ \\'EASEMENT \\\\\\\\\\\\ \\\\ \\ \ ................... ALL \ \\ \\ \ ................::::::::.::.-:. B 10- �� Y717 C 10-1 BAX TER LAN E Eo o to too 90ME N FEET L1 N 01°29'16"E,105.00 FEET L2 S 89°01'07"E,45.00 FEET R/W Legend L3 S 01°29'16"W,80.22 FEET ® Existing Road Easement L4 S 43°43'41"E,27.84 FEET L5 S 89°01'07"E,650.04 FEET New Public Use Easement L6 N 00°58'54"E,75.00 FEET Area Remaining L7 S 89°01'07"E,104.53 FEET L8 S 00°56'39"W,80.00 FEET L9 N 89°01'06"W,819.43 FEET A public use easement to the City of Bozeman, on a tract of land located in Lot 3 of Minor Subdivision No. 210 of Section 35,T1S, R5E, M.P.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 Thomas Drive, from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 01' 29' 16" W, 45.00 feet, said point of beginning; Thence, from said point of beginning, N 01'29'16"E, 105.00 feet along the east right-of-way of Thomas Drive;Thence, S 89° 01' 07" E, 45.00 feet; Thence, S 01' 29' 16" W, 80.22 feet; Thence, S 43° 43' 41" E, 27.84 feet; Thence, S 89'01'07"E,650.04 feet;Thence, N 00°58'54"E,75.00 feet;Thence, S 89°01'07"E, 104.53 feet to the east line of said tract;Thence, S 00*56'39"W, 80.00 feet along the east line of said tract to the north right-of-way of Baxter Lane;Thence, N 89'01'06"W,819.43 along the north right-of-way of Baxter Lane to the point of beginning,and containing 16,636 sgft,more or less. Right of Way Required for Baxter Lane and PPRWECT.- 4524 a m DAM 1-16 �a\ Davis Lane Roadway Improvements B O W L City of Bozeman,Montana EXHIBIT A 2°°05WA-DrW 8�11= 5 PARCEL 10-1 Page 4 of 5 EXISTING20' '\\\�\ \EXIS7ING70'WIDEPUBLIC n\\ AIDEMEN �\3\ \\\\\OPEN SPACE/LINEAR \\ \ \\ TRAIL AND STREAM I\\\ (TYP) \\\\CORRIDOREASEMEN\ w LOT 3OFMINOR \ \ \\\\\ �\\�\ \ Z \ \\ EXISTING \ \\r --. Z �'SUBDIVISIONN0.210\�\i\\\\v Lu PROPERTY o OF SEC.35,T1S,R5E \1\\10\\\-I LINE Q Current PARCEL\ \\�`\\\\ PARCEL10-2PUE \ \\ NEW PUBLIC USE \\ y 0 \ GallatinCanterLimited \ \�� \\ EASEMENT \ \ \\\ z \,Partnership ;\\ \\�\ (SEE DETAIL) \N 19th Ave. Ij ozem an,MT59715 �\\\\y\� EXISTING ROAD EASEMENT BA_XTER LANE too o teo xo SCALE N FELT PARCEL 10-2 DETAIL EXISTING 70'WIDE PUBLIC \ \ \\\ \\\\ \\ \ OPENSPACE/LINEARTRAIL \\\ \\\ `�\\\ \� w \LAND STREAM CORRIDOR \ \\ \\\ \\\\ r\ \hEASEMENT w \1\ \EXISTING20' \IWIDEUTILITY \\\\\\\ \ \\ \\\\\T\ F \ \\\TYP)MENT 04 fy BARTER LANE POB 10-2 eo o eo too W ENFW L1 N 89°01'06"W,398.92 FEET L2 N 00°56'39"E,5.01 FEET R/W Legend L3 S 89°01'07"E,248.89 FEET ® Existing Road Easement L4 N 00°58'53"E,35.00 FEET L5 S 89"01'07"E,55.00 FEET New Public Use Easement L6 S 00"58'53"W,35.00 FEET Area Remaining L7 S 89°01'07"E,95.03 FEET L8 S 00°56'16"W,5.01 FEET A public use easement to the City of Bozeman, on a tract of land located in Lot 3 of Minor Subdivision No. 210 of Section 35,T1S, R5E, M.P.M., Gallatin County, Montana, more particularly described as follows; Beginning at the southeast corner of the easement herein described, being a point on the north right-of-way of Baxter Lane,from which point the southeast corner of Section 35,T1 S, R5E, P.M.M., bears S 00' 58'53"W,45.00 feet to the south section line of Section 35; Thence, S 89° 01'07"E, 978.26 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 89°01'06"W, 398.92 feet along the north right-of-way of Baxter Lane to the west line of said tract;Thence, N 00'56'39"E,5.01 feet along the west line of said tract;Thence, S 89°01'07"E,248.89 feet;Thence, N 00°58'53"E,35.00 feet;Thence, S 89'01'07"E,55.00 feet; Thence, S 00'58'53"W,35.00 feet;Thence, S 89'01'07"E,95.03 feet to the west right-of-way of N. 19th Avenue; Thence, S 00'56' 16"W. 5.01 feet along the west right-of--way of N. 19th Avenue to the north right-of-way of Baxter Lane to the point of beginning, and containing 3,923 sqft,more or less. ® Right of WayRequired for Baxter Lane and PRWEcr: u24.11 o.oi 9Davis Lane Roadway Improvements DATE: IO- DO W L City of Bozeman,Montana EXHIBIT B PARCEL 10-2 Page 5 of 5