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HomeMy WebLinkAbout18- Public Use Easement - S. & G. Lindblom, C. & C. Croskey - Durston and Ferguson Roundabout Improvements MONTANA TITLE AND ESC OW PLATTED ORDER# 2624841 Page: 1 of 5 08/30/2018 11:13:59 AM Fee $35.00 Charlotte Mills - Gallatin County, MT MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 �oF$o2� PROJECT NAME: DURSTON AND CITY OF BOZEMAN FERGUSON ROUNDABOUT Engineering Division IMPROVEMENTS Public Works Department =8 �� PROJECT#: 4535.11402.14 -co. 0� PUBLIC USE EASEMENT PARCEL M 3-1 THE GRANTORS, Sherryl L. Lindblom and Greg A. Lindblom, as joint tenants (as to Unit 4092), whose address is P.O. Box 2271, Gillette, WY 82717; and Cody J. Croskey and Chelsey K. Croskey, as joint tenants (as to Unit 4094), whose address is 4094 Carbon St., 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: Unit 4092 and 4094 of the Carbon Street Condominium, located on Lot 1 in Block 4 of Diamond Estates Subdivision No. 2, Phase 1, 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, Gallatin County, Montana. (Plat J-360) together with an undivided 50% interest in the common elements of the condominium appertaining to each unit as set forth above. The preliminary declaration and bylaws for which were recorded April 19, 2004, as Document No. 2147019, and the final declaration for Carbon Street Condominium recorded April 28, 2004, as Document No. 2148147, records of Gallatin County, Montana. The use of the condominium units are for single family residential Purposes only. Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest corner of Lot 1 and the easement herein described, being a point on the North 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 S 49' 52' 17" W, 66.78 feet, said point of beginning; Thence, from said point of beginning, N 02' 22' 06" E, 14.00 feet along the East right-of-way of North Ferguson Avenue; Thence, S 50' 19' 00" E, 22.63 feet to the North right-of-way of Durston Road; Thence, N 88' 31' 45"W, 18.00 feet along the North right-of-way of Durston Road to the East right-of-way of North Ferguson Avenue and to the point of beginning, and containing 126 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. I]O W L PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-1 PROJECT#:4535.11402.14 Page 1 of 5 The above-named Grantors hereby covenant with the CITY OF BOZEMAN that said Grantors have good title to the above-described tract of land and covenant 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. The CITY OF BOZEMAN hereby covenants and agrees to defend and indemnify Grantors, its officers, directors, employees, agents, and invitees and save them harmless from any and all liability, loss, costs or obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of, any such injury or loss caused or claimed to be caused by the exercise of this easement or use of this easement, however occurring, other than those caused solely by the willful or negligent acts or omissions of the Grantors. Sherry[ L. Lindblom and Greg A. Lindblom, as joint tenants (as to Unit 4092) i herry . d Greg A indblom ACKNOWLEDGMENT OF GRANTORS 1^ 1 Tashina Cortez-Notary Public STATE OF_ VV M\X+ ) County of ��;.�. State of (�)�� L)ss Campbell $ S Wyom y i Count of �� 1 res - ) y Commission Expi On this[day of UU1 20� before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantors, Sherryl L. Lindblom and Greg A. Lindblom, as joint tenants (as to Unit 4092), known to me to be the identical individuals who executed the foregoing instrument, who acknowledged to me that the individuals executed the same as the free and voluntary act of said Grantors, 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 Ptiblic in and for the State of UMN&Al My Commission Expires: i irI p O W L PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-1 PROJECT*4535.11402.14 Page 2 of 5 Cody J. Croskey and Chelsey K. Croskey, as joint tenants (as to Unit 4094) Co Ch . Cros ACKNOWLEDGMENT OF GRANTORS STATE OF P4t,14!j_4Q ) )ss County of ) On this ZOA day of Tu"e— 20)8, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantors, Cody J. Croskey and Chelsey K. Croskey, as joint tenants (as to Unit 4094), known to me to be the identical individuals who executed the foregoing instrument, who acknowledged to me that the individuals executed the same as the free and voluntary act of said Grantors, 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 affix fficial seal this day and year above written. 7P, ANTHONY GADDONotarPublic in and for the State of 9N,o.,k.�• Notary Public yfor the State of Montana My Commission Expires:Residing at: Np. . Bozeman, Montana My Commission Ex ires: January 30,2019 . 17 W L PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-1 PROJECT#:4535.11402.14 Page 3 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 .- C� By: Andrea Surratt City Manager ATTEST: By: Robin Crough ,� • City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this. ;S 'day of /1�cCC�S 20L by Andrea Surratt and Robin Crough, known to me 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. a.a"p SW''.. BRENDA SWEENEY Notary Public in'and for the State f Montana ,'�,�• FFq;`�, Notary Public M Commission Expires:. ' mQ'NOTnRigc�.c for the State of Montana y p �� Residing at: * SEAL-*= Bozeman, Montana cc MY Commission Expires: December 02,2018 All p O W L PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-1 PROJECT#:4535.11402.14 Page 4 of 5 LOT 1 IN BLOCK 4 OF DIAMOND Current Owner: ESTATES SUBDIVISION NO.2,PHASE I Sherryl L.Lindblom and Greg A.Lindblom(Unit 4092) SEC.3,T2S,R5E Cody J.Croskey and Chelsey K.Croskey(Unit 4094) j I CARBON STREET I I I W I \ \ \ \ \ \ \ \ \ \ \ 1 z \ \I\ \ \ \ \ \ \ \ \ \ EXISTING j \ \I\ \ \ \ \ \ \ \ \ \ PROPERTY I Q \ \I\ \ \ \ \ \ \ \ \ \ LINE(TYP) 1 0 \ \ \ \ \ \ \ \ \ \ \ \ \ \I\ \ \ \ \ \ \ \ \ \ 0 I\ \1 \ \ \ \ \ \ \ \ \ \ I w \ \ \ \ \ \ \ \ \ \ \ u- \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ EXISTING UTILITY EASEMENT (NP) PO PARCEL 3-1 NEW PUBLIC USE 1 EASEMENT DURSTON ROAD I I L1 N 02°22'06"E, 14.00 FEET L2 S 50°19'00"E,22.63 FEET L3 N 88°31'45"W, 18.00 FEET R/W Legend Existing Road Right-of-Way 25 0 25 s0 New Easement Area SCALE IN FEET \\\\\ tN © Area Remaining I Units 4092 and 4094 of the Carbon Street Condominium, located on Lot 1 in Block 4 of Diamond Estates Subdivision No.2, Phase 1, 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, Gallatin County, Montana. (Plat J-360) together with an undivided 50% interest in the common elements of the condominium appertaining to each unit as set forth above. The preliminary declaration and bylaws for which were recorded April 19,2004,as Document No.2147019,and the final declaration for Carbon Street Condominium recorded April 28,2004, as Document No.2148147, records of Gallatin County, Montana.The use of the condominium units are for single family residential purposes only. Said public use easement is more particularly described as: Beginning at the Southwest corner of Lot 1 and the easement herein described, being a point on the North 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