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
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DOWL
2090 Stadium Drive
Bozeman, MT 59715
1302�'Jry PROJECT NAME: DURSTON AND
CITY OF BOZEMAN FERGUSON ROUNDABOUT
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, 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
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