HomeMy WebLinkAbout18- Public Use Easement - Bozeman Congregation of Jehovah's Witnesses - Baxter Lane Roadway Improvements, Parcel 9-1 - PARTIALLY EXECUTED ON PREVIOUS DATE (,(-tLJ bg_ 135LEVVvW FUIll-A)q
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2090 Stadium Drive
Bozeman,MT 59715 (i
ID 10' t�
PROJECT NAME:BAXTER LANE
CITY OF BOZEMAN ROADWAY IMPROVEMENTS
FL_� •: Engineering Division PROJECT 4524.11402.01° �_`- Public Works Department
R�. PARCELM 9-1
PUBLIC USE EASEMENT
PUBLIC USE EASEMENT
THE GRANTOR(S), BOZEMAN CONGREGATION OF JEHOVAH'S WITNESSES, whose
address is 1367 Thomas Drive.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,on a tract of land located in the
/2E1/2SE1/4SW1/4 of Section 35,Township 1 South,Range 5 East,M.P.M.,Gallatin County,
Montana,according to deed recorded in film 7,page 821.Excepting therefrom all that portion .
falling within Baxter Lane Subdivision No.1,records of Gallatin County,Montana,more
particularly described as follows and as shown on Exhibit A;
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 south quarter comer of Section 35,T1S,R5E,
P.M.M.,bears S oo•51'5.5 W, 30.00 feet to the south section line of Section 35;
Thence S 89° 08' 05•EA9.67 feet along the south section line of Section 35,said point of
beginning;Thence,from said point of beginning,N 39'08'05"W,280.50 feet along the north
right-of-way of Baxter Lane;Thence,N 01°30'26"E,20.00 feet along the west line of said
tract;Thence,S 89°08'05"E,270.48 feet;Thence,N 64'25'36"E,11.24 feet to the east line
of said tract;Thence,S 01°29'15"W,25.00 feet along the east line of said tract to the north
right-of-way of Baxter Lane to the point of beginning,and containing 5,635 sqft,more or less
and 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 Seller agrees to deliver 3 signed Permanent Right of Way Easement conveying the
Properties to the Purchaser on or before commencement of the work.The Purchaser agrees to
provide the consideration herein specified 30 days from mutual execution of this Agreement or
by mutual agreement,at an earlier date).
All work performed pursuant to this Project shall be at Purchaser expense.The Purchaser shall
install temporary fencing along the area affected by construction at the eastside of the
Temporary Construction Easement boundary and if damaged,the Purchaser shall replace the
Seller's existing plant bedding,monument sign within the easement area.
The Purchaser acknowledges that the Permanent Easement is subject to all liens,
encumbrances,covenants,conditions,restrictions,reservations,contracts,leases and licenses,
easements,and rights of Way pertaining to the Land,whether or not of record.The use of the
word"grant"shall not imply any warranty on the part of the Seller with respect to the Easement
or the Easement Area.
Purchaser hereby agrees to indemnify,defend,save and hold harmless the Seller from any
and all liability,loss or damage,Seller may suffer as a result of any and all actions,claims,
damages,costs and expenses on account of,or in any way arising out of or from this
Agreement, including but not limited to indemnify and save and hold harmless Seller from any
and all losses, claims,actions or judgments for damages or injuries to persons or property
arising out of or from,or caused by,the construction,operation,maintenance and use of the
aforesaid easements and rights-of-way by Purchaser or its agents. This indemnity shall
continue so long as this Easement Agreement is in effect.
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_.
BOZEMAN CONGREGATION OF JEHOVAH'S WITNESSES
Date:
Name�feST f
Title:
Date:
Name:Title:��\' Y` �Z
ACKNOWLEDGMENT OF GRANTOR
STATE OF ®1); 4UA )
ss
County of�CIi )
On this day of .20_,before me,the undersi ed,a Notary Public in and for the
said State, personally appeared the Grantor, hele.r- >7y'.�tt�L!
authorized signatory of Bozeman Congregation Of Jehovah's Witnesses.known to me to be
the identical individuals who executed the foregoing instrument,who acknowledged to me
that each individual executed the same as the free and voluntary act of said congregation,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.
Notary Public in andloF'trhe State of �—
___ \``�WuniT1,nu�" V�CK�in A TQ �LI My Commission Expires:, tip!
-0�'°�E A Top".,,,, Not"Public)
NpTAFII�" F for the State of Montana
Residing at:
SEAL.-, = Belgrade,Montana
,;'` My Commission Expires:
'',,, t ,,,,�" July 15,2022
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:
>.>�
V
City Manag �,
sue.�.s BL-�y, �4A - e17Y ���v. ,�,�0�•B 0
^<`r ♦ cJ� ♦���w
By:Robin Crough V "( ,;_ ■ * ±
City Clerk ■ =
STATE OF MONTANA )ss CL�rIN CO
County of Gallatin ) 11 ,
T e f egoing instrument was acknowledged before me this day of
2018 by Andrea Surratt and Robin Crough,known tome to be the City
Manager and City Clerk for 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.
HEATHER BIENVENUE
�P BIE/4', Notary Public
?••.
NOTARrg4 Vim:for the State of Montana Notary Public in an or the a e of tans
_ Reslding at My Commission Expires:
SEAL *= m' Bozean, Montana
*' .�Q
My Commission Expires:
" OF Mod``'" January 26,2022
Owner:
.Bozeman Congregation \ \
` \ \ of Jehovah's Witnesses
1367 Thomas Dr. \ `
Bozeman,MT 59716 \ '
EYEY25EySWY4 OF \ \ \ t
SEC.35,T1S,R5E
,L1 N B9''08'05"W,280.50 FEET \ \
\ \ L2 N 01°30'25"E,20.00 FEET \\ \
\ 13 S 89'08'05"E,270.48 FEET \
L4 N 64'25'36"E,11.24 FEET ` •. \ \� ,'
\ \L5 S 01°29'15"W,25.00 FEET
\ EXISTING
PROPERTY
LINE
'- PARCEL 023B PUE, ` .\`'EXISTING `\
\NEW PUBLIC USE EASEMENT EASEMENT i.
`•
-37 \1 b,
\ `
—r*-r- �� — f--� �- 7 r- OB
'B XTliR
RIW Legend
Existing Easement
New Public Use Easement w a ao eo
`N
Q Area Remaining I
SCME
A public use easement to the City of Bozeman, on a tract of land located in the F%EYaSFY4SWY4 of
Section 35,T1S,R5E,M,P,M.,Gallatin County,Montana,more particularly described as follows;
Beginning at the southeast comer of the easement herein described, being a point on the north
right-of-way of Baxter Lane, from which point the south quarter corner of Section 35, T1S, R5E,
P.M.M.,bears S 00'51'55`W,30.00 feet to the south section line of Section 35;Thence S 89°OS'
05"E,49,67 feet along the south section line of Section 35,said point of beginning; Thence,from
said point of beginning, N 89"08`05"W,280.50 feet along the north right-of-way of Baxter Lane;
Thence, N 01" 30'26" E, 20,00 feet along the west line of said tract; Thence, S 89' 08' 05" E,
270.48 feet;Thence,N 64'28'38"E,11.24 feet to the east line of said tract;Thence,S 011 29,15"
W,25.00 feet along the east line of said tract to the north right-of-way of Baxter Lane to the point of
beginning,.and containing 6,M sgft,more or less.
Right of WayRegw4adior8®xtarLanaand
Davy Lan®Roadway Impmvenionle
D O W L city of sozannen,Mantana EXHIBIT A
PARCEL&1 PA o 4 of 4
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2090 Stadium Drive
Bozeman,MT 59715
. PROJECT NAME:BAXTER LANE
q CITY OF BOZEMAN ROADWAYIMPROVEMENTS
Engineering Division
Public Works Department RODE CT M 4524.11402.01
PARCELM 9-2
@t!ayyo TEMPORARY CONSTRUCTION
EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
THE GRANTOR(S), BOZEMAN CONGREGATION OF JEHOVAH'S WITNESSES, whose
address is 1367 Thomas Drive,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,on a tract of located in the
E1/2E112SE1/4SW114 of Section 35,Township 1 South,Range 5 East,M.P.M.,Gallatin County,
Montana,according to deed recorded in film 7,page 821.Excepting therefrom all that portion
falling within Baxter Lane Subdivision No.1,records of Gallatin County,Montana,more
particularly described as follows and as shown on Exhibit A;
Beginning at the southeast corner of the easement herein described,being a point on the west
right of-way of Thomas Drive,from which point the south quarter corner of Section 35,T1 S,
R5E,P.M.M.,bears S 00'51'55"W,55.00 feet to the south section line of Section 35;Thence S
89'08'05"E,49.40 feet along the south section line of Section 35,said point of beginning;
Thence,from said point of beginning,S 64'25'36"W,11.24 feet;Thence,N 89°08'05"W.
270.48 feet to the west line of said tract;Thence,N 01°30'26"E,20.01 feet along the west line
of said tract;Thence,S 89°08'06"E,280.48 feet to the west right-of-way of Thomas Drive;
Thence,S 01°29'15"W,15.01 feet along the west right-of-way of Thomas Drive to the point of
beginning,and containing 5,587 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 9-2.Said parcel,containing 5,587 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 Roadway Improvements Project.
The Purchaser and its contractors shall comply with all applicable laws,ordinances and
regulations,including but not limited to all applicable regulatory,environmental and safety
requirements at the Purchaser's sole cost and expense.
The Purchaser shall be responsible for restoration of sod,landscaping beds,plantings,
pavement or other surface improvements which are required to be removed in connection with
installation,construction,repair,replacement or removal in the Right-of-Way.To the extent
permitted by law,however,Purchaser shall be responsible for damage to improvements or
activities arising out of its installation,construction,repairs,replacement or removal in the
Easement Area caused by the Purchaser's negligence.The property shall-be restored to its
original condition,or as close thereto as possible,except the Purchaser will restore topsoil and
seed for the sod in each of the Easement areas.The Purchaser will provide the Seller with one-
year warranty during the grow in period.If the seed fails during the grow in period,the
Purchaser at its expense will reseed the affected area.
With respect to the mature trees(depicted in attachment_)Seller and Purchaser
acknowledge that the work in the Permanent Easement area will damage the root system of 3
mature trees that have matured beyond what the Seller could replace from a nursery.Rather
than have these trees decay in the future and reserving a clause for the Purchaser to remove
them,the Parties have determined it is in their best interest to remove said trees and stumps
during construction.Compensation for the mature trees are included in the gross compensation
to the Seller.
The Purchaser will make such adjustments and/or improvements as may be necessary to the
sprinkler so that the sprinkler system can irrigate the landscaping beds and seeding area.
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 Granter hereby covenants with the CITY OF
BOZEMAN that the Granter 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 1 st 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 day of ,20,_
BOZEMAN CONGREGATION OF JEHOVAH'S WITNESSES
Date:
Nam
Title:
i l Date:
Title:�` �L �
ACKNOWLEDGMENT OF GRANTOR
STATE OF ,d141tl )
)ss
County of r -1/�. )
On this day of .20_,before me the undersigned,a Notary Public in and or the said State,
personally appeared the Grantor, f ! C o 7 l�yriifhorized signatory of
Bozeman Congregation Of Jehovah's Witnesses.known tome to be the identical individuals who
executed the foregoing instrument,who acknowledged to me that each individual executed the same
as the free and voluntary act of said congregation,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.
Notary Public in and fQothe ate of
My Commission Expires; i Z
air
!,C.
, VICKIE A TOES E
R'= Notary Public s for the State of Montanaa Residing at:Belgrade, MontanaMY Com`` mission Expires:
July 7 5,2022
�.. yCurrent Owner: � •- \'-
ti Bozeman Congregation
'-d Jehovah's Witnesses
\ 1367 Thomas Dr.
Bozeman,MT59715
EyiExSEy4SWy4 OF
SEC.35,T18,RM
\ L1\ yS 64'26'36 W.11.24 FEET
3 2 N 89"08 OS W,270.48 FEET
L3 N 01°30'26"E,20.01 FEET. I
L4 S 89°08'O6"E,280.48 FEET `
L5 S 01'29'15 W,15.01 FEET
IN,
EXISTING
�PROPERTYLINE
\ i.
NPARCEL!k iCE -EXISTING
NEW TEMP.CONST. EASEMENT O
EASEMENT
` L4 \
1 l -'.
r-- P49'
` f
BA?(TER LAND,.
WVV Legend
Existing Easement
New Temp.Const.Easement.
N SG1L N R5T
Area Remaining
A temporary construction easement to the City of Bozeman,on a tact of land located in the
f%F%SF.Y4SWX4 of Section 35,T1S,RSE,M.P.M.,Gallatin County,Montana,more particularly
described as follows;
Beginning at the southeast corner of the easement herein described, being a point an the west
right-of-my of Thomas Drive,from which point the south quarter comer of Section 36,T15,RSE,
P.M,M.,bears S 00°51'55"W,55.00 feet to the south section line of Section 35;Thence S 89°08'
05"E,49.40 feet along the south sedon line of Section 36,said point of beginning;Thence,from
said point of beginning,8 64°26 35'W. 11.24 feet;Thence,N 89,08'05"W,270.48 feet to the
West line of said tract;Thence,N 01a 30'26"E,20.01 feet along the west line of said tract,Thence,
S 89-08•OV'E,280.48 feet to the west right-of-way of Thomas Drive;Thence,S Oil 29 16"W,
15,01 feat along the west right=oPWay of Thomas Drive to the point of beginning,and containing
5,587 so,more or less.
Righr of Way Raqutred for aeKter Larre end } --
t>v Lane Roadway trrproaemenW Nrt:
� DOWL Qrydaoaam�n,Mornsoe EXHIBITA
'"�e°a�"'° e •' 'II PARCEL 9-2 Page 3 of 3