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HomeMy WebLinkAbout18- Public Use Easement - Gallatin Valley Presbyterian Church - Durston and Ferguson Roundabout Improvements Q PLATTED MONTANA TITL AND ESC O ORDER t 2624839 Page: 1 of 4 08/30/2018 11:13:59 AM Fee: $28.00 Charlotte Mills - Gallatin County, MT risc IIIIII IN 1111�111111111 1I1 11111 IIIIIII III 11111 IIIII IIIII ii111 Ill Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 1302�'Jry PROJECT NAME: DURSTON AND CITY OF BOZEMAN FERGUSON ROUNDABOUT ° Ux , Engineering Division IMPROVEMENTS _ =<rJ Public Works Department 0 PROJECT#: 4535.11402.14 °°• % PUBLIC USE EASEMENT PARCEL#: 2-2 THE GRANTOR, Gallatin Valley Presbyterian Church, whose address is 4720 Classical Way, Bozeman, MT 59718, for and in consideration of Ten and No/100 - Dollars, and other valuable consideration, in hand paid, grants 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 1 of Diamond Estates No. 2, Phase I to the City of Bozeman, Gallatin County, Montana [Plat No. J-360], according to the official plat thereof on file and of record in the office of the County Clerk and recorder of Gallatin County, Montana. Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Lot 1 and the easement herein described, being a point on the North right-of-way of Durston Road and the West 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 46' 08' 56" E, 66.78 feet, said point of beginning; Thence, from said point of beginning, N 88' 31' 02" W, 30.50 feet along the North right-of-way of Durston Road; Thence, N 66' 13' 15" E, 33.97 feet to the West right- of-way of North Ferguson Avenue; Thence, S 02' 22' 06"W, 14.50 feet along the West right-of-way of North Ferguson Avenue to the North right-of-way of Durston Road and to the point of beginning, and containing 221 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. The CITY OF BOZEMAN agrees to hold GRANTOR harmless from any and all liability that may result from incidents, damage, or any other issue that occurs on the above-described real property. Further, the p O W L PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 2-2 PROJECT#:4535.11402.14 Page 1 of 4 CITY OF BOZEMAN shall be responsible for any and all maintenance necessary to restore and/or keep the above-described real property in a safe condition and ensure that the above-described real property remains in compliance with all applicable city, county, and state ordinances, laws, and regulations. Gallatin Valley Presbyterian Church Name: y Title: /'re S�eK+ o �' 3 Ca, d ACKNOWLEDGMENT OF GRANTOR STATE OF Mell,4i'4wI ) )ss County of 66/k4t ) ct On this ZI day of 20& before me, the undersigned, a Notary Public in and for the said State, onally appeared the Grantor, W jck ka,j L. WCA tt , the FVILSers� of Gallatin Valley Presbyterian Chur h , 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 GAO, ANTHONY GADDO Notary Public �.�01AR�q�;o=for the State of Montana Notary Public in and for the State of W.P&s('tvu� * _A , = Residing at: My Commission Expires: 130 m .SFAI., /lq 2e; Bozeman, Montana 9OF MOr My Commission Expires: January 30,2019 [--)OWL PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 2-2 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 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 urratt City Manager ATTEST: OF B 02 • .ti 1 •9 "J! • By: Robin Crough '_ �, -' •Z< City Clerk 88.E ¶� STATE OF MONTANA ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this, ' day of 2CjE�_ 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. oAswF,, BRENDA SWEENEY Notary Public in and for the State Montana Qua "' •Fy,! Notary Public My Commission Expires: _ / m;NOTARIAL•<'_for the State of Montana Residing at: 9,SEAL.P2Q;= Bowman, Montana My Commission Expires: December 02,2018 p(0 W L PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 2-2 PROJECT#:4535.11402.14 Page 3 of 4 LOT 1 IN BLOCK 1 OF DIAMOND Current Owner: ESTATE NO.2,PHASE I Gallatin Valley Presbyterian SEC.3,T2S,R5E Church \ \ \ \ \ \ \ \ \ \ \ \ \ \ .EXISTING \ \ \ \ \ \ \ \ \ \ \ \ \ \ UTILITY \ \ \ \ \ \ EASEMENT \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Y z I I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Lu I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ a \ \ \ \ \ \ \ \ \ \ \ \ \ PARCEL2-2 \ \ \ I I O NEW PUBLIC USE I I \ \ \ \ \ \ \ \ \ \ \ \ \ EASEMENT ` \ \ \ D I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \I \ \ Lu LL I I 77 I POB DURSTON ROOA I I L1 N 88-31'02"W,30.50 FEET L2 N 66°13'15"E,33.97 FEET L3 S 02°22'06"W, 14.50 FEET R/W Legend ® Existing Road Right-of-Way 25 0 25 50 New Easement Area SCALE IN FUT ````` Area Remaining N Lot 1 in Block 1 of Diamond Estate No.2,Phase I to the City of Bozeman, Gallatin County, Montana. [Plat No.J-360]. Said public use easement is more particularly described as: Beginning at the Southeast corner of Lot 1 and the easement herein described, being a point on the North right-of-way of Durston Road and the West 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 46°08'56"E, 66.78 feet,said point of beginning;Thence,from said point of beginning, N 88°31' 02"W, 30.50 feet along the North right-of-way of Durston Road;Thence, N 66° 13' 15" E, 33.97 feet to the West right-of-way of North Ferguson Avenue;Thence, S 02°22' 06"W, 14.50 feet along the West right-of-way of North Ferguson Avenue to the North right-of-way of Durston Road and to the point of beginning,and containing 221 sgft.,more or less. Right of Way Required for the Durston and PROJECT: 4535w"402.14 Ferguson Roundabout Improvements Project DATE.. 1/23/2018 to, O W L City of Bozeman,Montana EXHIBIT A 090E3 Drve e�"'a",M°°1 sou 406Sfi6-88A634 PARCEL 2-2 Page 4 of 4 www.tlowl.rAm