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HomeMy WebLinkAbout18- Public Use Easement - Ferguson Meadows Homeowners Association - Durston and Ferguson Roundabout Improvements EEED� -2620358 Charr. efMills !7Ga51a0ie County?SMT MISCM Fee: $28.00 Return to: �,����jj�� DOWL 2090 Stadium Drive Bozeman, MT 59715 40- ,$ PROJECT NAME: DURSTON AND (� yw CITY OF BOZEMAN FERGUSON ROUNDABOUT t Engineering Division IMPROVEMENTS Public Works Department ct 88 PROJECT M 4535.11402.14 �°� PUBLIC USE EASEMENT PARCEL M 5-1 THE GRANTOR, Ferguson Meadows Homeowners Association, whose mailing address is 716 S. 20th Avenue, Suite 102, 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: A tract of land described as the common open space for stream/ditch in Block A of Ferguson Meadows Subdivision to the City of Bozeman, Gallatin County, Montana. [Plat No. J-312]. Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northwest corner of said tract and the easement herein described, being a point on the South right-of-way of Durston Road and the East right-of-way of North Ferguson Avenue, from which point the quarter corner common to Sections 3 and 10, T2S, R5E, P.M.M., bears N 46' 20' 02" W, 66.99 feet, said point of beginning; Thence, from said point of beginning; S 88' 31' 59" E, 20.42 feet along the South right-of-way of Durston Road to the Northeast corner of said tract; Thence, S 01°56' 50" W, 17.32 feet along the East line of said tract; Thence, S 50' 46' 45" W, 27.12 feet to the East right-of-way of North Ferguson Avenue; Thence, N 01' 56'26" E, 35.00 feet along the East right- of-way of North Ferguson Avenue to the South right-of-way of Durston Road and to the point of beginning, and containing 534 sgft., 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 CITY OF BOZEMAN 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. ,A p 0 W L PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 5-1 PROJECT#:4535.11402.14 Page 1 of 4 Ferguson Meadows Homeowners Association Ci,R�"- Name: g#( Title: LeC� ACKNOWLEDGMENT OF GRANTOR STATE OFY ) ) ss County On this day of 201`J, before me, he unded, Notary Public in and for the said tate, personally ap eared the Grantor, -S rsignet KCLS 7 , the d of Ferguson Meado4vs Homeowners Association, 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. l.... ' J ENNIE HORN Notary Public _ ,oraRiq�. :for the State of Montana Residing at: Njary�'ublic in and for t e State of i1 A1 'Q Belgrade, Montana MCommission Expires:�_�D- L9 YT�oF nhO��?, My Commission Expires: June 20, 2019 D O W L PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 5-1 PROJECT#:4535.11402.14 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 City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real roperty, or interest therein, described in this instrument and consents to the recordation thereof: 1 1 V CITY OF BOZEMAN . By: , tt Ptn Q Se_v►be" Q��-jrjCit Manager ATTEST: � � J By: Robin Crough City Clerk U• '. _ -7�A•41 STATE OF MONTANA ) )ss. County of Gallatin The foregoing instrument was acknowledged before me this /6�day of Tc-i 20n b Area-S,wratt-and Robin Crough, known to me to be the City Manager and City CIA for the City of � ___._`L 9 Y Y Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that ►,wlawq they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal this day and year above written. BRENDA SWEENEY Notary Public Nota Public in and for the St to ntana zfor the State of Montana ry y qq Residing at: My Commission Expires: /.Z al .SEAL:=�= Bozeman, Montana -'i�: ccP•'' My Commis$ion Expires: December 02,2018 pW L PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 5-1 PROJECT#:4535,11402.14 Page 3 of 4 COMMON OPEN SPACE FOR Current Owner: STREAM/DITCH IN BLOCK A OF Ferguson Meadows FERGUSON MEADOWS SUBDIVISION Homeowners Association SEC. 10,T2S, R5E / I \_ — - - � - - - - - - I — — I DURSTON ROAD —� — — — — — — — — — — I I POB Ll �......;: .. PARCEL 5-1 I I �\ NEW PUBLIC USE \ \ EASEMENT I Lu \ \ \ w Z I\ \ \> I Z PREROPTY >I Q \ \ \ LINE(TYP) Q OZ \ \ \ I W I w \ \ \ U- \ \ I I \ \ I l \ \ I \ \ I I I \ \ L1 S 88°31'59"E,20.42 FEET L2 S 01°56'50"W, 17.32 FEET L3 S 50°46'45"W,27.12 FEET L4 N 01°56'26"E,35.00 FEET R/W Legend ® Existing Road Right-of-Way 25 0 25 50 New Easement Area SCALE IN FEET IIL \\\\\ ©N Area Remaining I A tract of land described as the common open space for stream/ditch in Block A of Ferguson Meadows Subdivision to the City of Bozeman,Gallatin County, Montana. (Plat No.J-312]. Said public use easement is more particularly described as: Beginning at the Northwest corner of said tract and the easement herein described, being a point on the South right-of-way of Durston Road and the East right-of-way of North Ferguson Avenue,from which point the quarter corner common to Sections 3 and 10,T2S, R5E, P.M.M.,bears N 46'20'02"W,66.99 feet,said point of beginning;Thence,from said point of beginning, S 88°31'59"E,20.42 feet along the South right-of-way of Durston Road to the Northeast corner of said tract:Thence.S n1'