HomeMy WebLinkAbout18- Storm Drain Easement - Christ the King Lutheran Church of Bozeman, Montana - Durston and Ferguson Roundabout Improvements M'ONTAINAT L AND ES W
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PLATTEI
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2090 Stadium Drive Charlotte Mills - Gallatin County, MT MISC
Bozeman, MT 59715
PROJECT NAME: DURSTON AND
CITY OF BOZEMAN FERGUSON ROUNDABOUT
r
Engineering Division IMPROVEMENTS
Department
Public Works De
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8 ' PROJECT#: 4535.11402.14
CO.-- ✓ STORM DRAIN EASEMENT PARCEL M 1-1
THE GRANTOR, Christ The King Lutheran Church of Bozeman, Montana, which acquired title as
Christ The King Lutheran Church, whose address is 4383 Durston Road, 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 storm
drain easement to lay, construct and maintain public storm drainage distribution facilities with the usual
appurtenances in, over, under, along, through, and across the following-described real property located in
Gallatin County, Montana:
Lot 1 of Minor Subdivision No. 253, a tract of land being a portion of the E'/2SW'/4 of Section 3,
Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, 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 storm drain 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, from which point the quarter corner common to Sections 3 and
10, T2S, R5E, P.M.M., bears S 84' 38' 16" E, 665.13 feet, said point of beginning; Thence, from said
point of beginning, N 88' 31' 02"W, 60.00 feet along the North right-of-way of Durston Road; Thence,
N 020 18' 57" E, 30.00 feet; Thence, S 88' 31' 02" E, 40.00 feet; Thence, N 02' 18' 57" E, 40.00 feet;
Thence, S 88' 31' 02" E, 19.99 feet to the East line of Lot 1; Thence, S 02' 18' 57" W, 70.01 feet
along the East line of Lot 1 to the North right-of-way of Durston Road and to the point of beginning,
and containing 2,600 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
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 access and maintain said
A
p O W L- PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 1-1
PROJECT#:4535.11402.14 Page 1 of 4
improvements for the purpose of constructing and/or improving storm drainage distribution facilities as
necessary.
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.
Christ The King Lutheran Church of Bozeman, Montana
Name: ,_rd14 T3ecAie_r'
Title: �--
ACKNOWLEDGMENT OF GRANTOR
STATE OF Mvw%f" )
) SS
County of
On this day of May 20,6, before me, the undersigned, a Notary Public in and for
the said State, personally a peared the Grantor, ( (H Vt'VA the
P'V.4c66,{ of Christ The King Lutheran Church of Bozeman,
Montana, 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.
GAO ANTHONY GADDO Notary Public in and for the State of Mop
•' p . Notary Public My Commission Expires: 1/3 a
Q•'NpTAA1.14:o:for the State of Montana
* *_ Rm iding at:
N9 SEAJ,; ,; eoZeman, Montana
OF MOP My Commission Expires:
January 30,2019
E3 O W L PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 1-1
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 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
4AndreaSurratt
City Manager
ATTEST:
By: obin Crough T
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this ;L�t day of A',"kL 20
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.
FBRENDA SWEENEY
Notary PublicNotary Public in and for the State f Montanaq( �=ffor the State of Montana M Commission Ex Ires:Residing at: y pL, r Bozeman, Montana
My Commll�lon Expires:
,';� • December 07 2018
p O W L PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 1-1
PROJECT#:4535.11402.14 Page 3 of 4
Current Owner:
Christ the King Lutheran Church
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\ \ \ \ \ \ \ \ \ \ \ \ \ \EASEMENT \ \ \I\i\ L.5
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L1 N 88"31'02"W,60.00 FEET
L2 N 02"18'57"E,30.00 FEET
L3 S 88"31'02"E,40.00 FEET
L4 N 02°18'57"E,40.00 FEET
L5 S 88°31'02"E, 19.99 FEET
L6 S 02"18'57"W,70.01 FEET
R/W Legend
® Existing Road Right-of-Way
75 0 75 150
New Easement Area
SCALE IN FEET ````` Area Remaining
N
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Lot 1 of Minor Subdivision No.253, a tract of land being a portion of the E'Y.SW'/of Section 3, Township 2 South, Range 5
East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County
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