HomeMy WebLinkAbout18- Public Use Easement - Flanders Creek, HOA - Oak and Cottonwood Roundabout Improvements f �
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MONTANA TIT. ,..
OPDER# _ R w3 2632630
Page: 1 of 4 11/28/2018 11:22:17 AM Fee $28.00
Charlotte Mills - Gallatin County, MT MISC
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DOWL
2090 Stadium Drive
Bozeman, MT 59715
og130 PROJECT NAME: OAK AND
CITY OF BOZEMAN COTTONWOOD ROUNDABOUT
7 *� Engineering Division IMPROVEMENTS
Public Works Department
PROJECT#: 4524.11402.16
PUBLIC USE EASEMENT PARCEL#: 1-1
THE GRANTOR, Flanders Creek, HOA, whose mailing address is P.O. Box 10684, Bozeman, MT
59719, 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 Common Area No. 1 in Block 5 of the final plat of Flanders Creek
Subdivision, City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file
and of record in the office of the Clerk and Recorder of Gallatin County, Montana. [Plat No. J-434].
Said public use easement is depicted on Exhibit A attached hereto and more particularly described
as:
Beginning at the Northeast corner of said tract and the easement herein described, being a point on
the South right-of-way of West Oak Street and the West right-of-way of North Cottonwood Road, from
which point the quarter corner common to Sections 3 and 4, T2S, R5E, P.M.M., bears N 45' 22' 45"
E, 85.98 feet, said point of beginning; Thence, from said point of beginning, S 01° 07' 40" W, 50.07
feet along the West right-of-way of North Cottonwood Road; Thence, N 22' 00' 41" W, 53.85 feet to
the South right-of-way of West Oak Street; Thence, N 89° 37' 49" E, 21.17 feet along the South right-
of-way of West Oak Street to the West right-of-way of North Cottonwood Road and to the point of
beginning, and containing 530 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.
p0 W L PROJECT NAME:OAK AND COTTONWOOD ROUNDABOUT IMPROVEMENTS Parcel 1-1
PROJECT#:4524.11402.16 Page 1 of 4
FLANDERS CREEK, HOA
JL'5 1_/'
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J#Cloar
I'Vesident
ACKNOWLEDGMENT OF GRANTOR
STATE OF MT )
County of 0,� AK_) ) ss
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On this/�_'_"'day of ON-Ober , 20 before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, Jim Doar, the President of Flanders Creek, HOA,
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.
',I I"> SARAH GRACEY
�`�°c'' Notary Public Notary Public in and for th St to of T
yP.pTAR/,q�� for the state of Montana
4. My Commission Expires: D g Oa
-- * = Residing at:
* SEAL.-__ 6ozeman, Montana
y Q�:
•• My Commission Expires:
�"''"o,�OF MO
� January 18,2021
O W L PROJECT NAME:OAK AND COTTONWOOD ROUNDABOUT IMPROVEMENTS Parcel 1-1
PROJECTM 4524.11402.16 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
w� 1
By: Andrea t}rrat
City Manager
ATTEST:
` B O
0 *
By: Robin Crough �'�' — ■
City Clerk
f
L�T1N CO.�10, '
STATE OF MONTANA )
)ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this day of �� �rr- 20jt
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.
�AS`"FF BRENDA SWEENEY
Notary Public \
rmQ'�pTARIq��� for the State of Montana ��
Residing at: Notary Public in and for the State of ontana
Bozeman, Montana My Commission Expires: ��
9 P My Commission Expires:
December 02 2018
p O W L PROJECT NAME:OAK AND COTTONWOOD ROUNDABOUT IMPROVEMENTS Parcel 1-1
PROJECTM 4524.11402.16 Page 3 of 4
COMMON AREA NO. 1 IN Current Owner:
BLOCK 5 OF FLANDERS Flanders Creek,HOA
CREEK SUBDIVISION
SEC.4,T2S,R5E
e1
WEST OAK STREET �POOB I
F�tL3:. I
r-:--`--------------`----`-- 5�
o
EXISTING PARCEL 1-1 �I � o I PROPERTY I NEW PUBLIC USE
LINE(TYP) ' ' EASEMENT O
O
1
EXISTING ' ' ' 1 Z
UTILITY
O
EASEMENT II I1 O�
Vol
I
� I
t�
L1 S 01°07'40"W,50.07 FEET
L2 N 22°00'41"W,53.85 FEET
L3 N 89°37'49"E,21.17 FEET
RM Legend
® Existing Road Right-of-Way
New Easement Area
Area Remaining
75 0 75 I50 �N
SCALE IN FEET I■
A tract of land described as Common Area No. 1 in Block 5 of Flanders Creek Subdivision to the City of Bozeman, Gallatin
County,Montana.[Plat No.J-434]
Said public use easement is more particularly described as:
Beginning at the Northeast corner of said tract and the easement herein described, being a point on the South right-of-way of
West Oak Street and the West right-of-way of North Cottonwood Road, from which point the quarter comer common to
Sections 3 and 4, T2S, R5E, P.M.M., bears N 45'22'45" E, 85.98 feet, said point of beginning; Thence, from said point of
beginning, S 01' 07'40"W, 50.07 feet along the West right-of-way of North Cottonwood Road; Thence, N 22' 00'41"W,
53.85 feet to the South right-of-way of West Oak Street;Thence, N 89°37'49" E,21.17 feet along the South right-of-way of
West Oak Street to the West right-of-way of North Cottonwood Road and to the point of beginning, and containing 530 sgft.,
more or less.
Right of Way q Re uired for the Oak and Cottonwood PROJECT: 4524.11402.16
Roundabout Improvements Project DATE: 3116l2018
p p W L City of Bozeman,Montana EXHIBIT A
2M SfMbm 00- 8memen,M ntd 69715 PARCEL 1-1
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