HomeMy WebLinkAbout19- Public Use Easement - PJB, LLC - Tract 3, Block 3 of Valley West Subdivision (Cottonwood, Babcock to Durston Project) M T E
MONTANA TIRE AND SCRO
ORDER#
PLATTED
2638178
Page: 1 of 4 02/19/2019 11:34:47 AM Fee: $28.00
Eric Semerad - Gallatin County, MT MISc
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Sanderson Stewart
106 East Babcock
Bozeman, MT 59715
I ff��so � Project Name: Cottonwood-
City of Bozeman Babcock to Durston
Engineering Division Project No: 18092.03
Public Works Department
�o_,0 Parcel No: 2-1
PUBLIC USE EASEMENT
The GRANTOR, PJB, LLC, a Montana limited liability company, whose address is 1 Automotive Avenue,
Bozeman, MT 59718, for and in consideration of One and No/100 - Dollars, and other valuable
consideration, in hand paid, conveys and grants to the GRANTEE, 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:
Tract 3 in Block 3 of Valley West Subdivision, 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 of Gallatin County, Montana. (Plat J-320)
Said public use easement is depicted on Exhibit A attached hereto and more particularly
described as:
Beginning at the Southeast corner of Tract 3 and the easement herein described, being a point
on the West right-of-way of North Cottonwood Road and the North right-of-way of West Babcock
Street, said point of beginning; Thence, from said point of beginning, N 89' 39' 18"W, 15.01 feet
along the North right-of-way of West Babcock Street; Thence, N 38' 38' 10" E, 25.48 feet to the
West right-of-way of North Cottonwood Road; Thence, S 02' 34' 28" W, 20.02 feet along the
West right-of-way of North Cottonwood Road to the North right-of-way of West Babcock Street
and to the point of beginning, and containing 150 sq.ft., more or less, as shown on Exhibit A.
All improvements installed within the easement by GRANTEE are the property of the GRANTEE,
removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be
construed as a waiver or abandonment of the right.
GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tract
of land and covenants that GRANTEE shall have quiet and peaceable possession of the easement; and
shall have a free and unrestricted right to access and maintain said facilities as long as the right-of-way of
which this easement area is a part, remains a public way.
The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers, directors,
employees, agents, and invitees and save them harmless from any and all liability, loss, costs or
S A N D E R S O N A*% Cottonwood-Babcock
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STEWART
Page 1 of 3 1892.03
Parcel 2-1
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 GRANTOR.
PJB, LLC
Z�0,84
Name: Peder Billion
Title: Memb of PJB, LLC
ACKNOWLEDGMENT OF GRANTOR
State of A4 f )
) ss.
County of
On this 4 day of 20L, before me, the undersigned, a Notary Public in and for the
said StV, personally appeared the GRANTOR, R0 the
of PJB, LLC, a Montana limited liability company, 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.
��.
Notary Signat e Line
LORI A JONES L J Uk o
oP`A'JO`.Fs, Notary Public �� Notary Printed Name
oTnFai4�, :fc S�)State of Montana y
Residing at: Notary Public for the State of "t
Belgrade, Montana -�
My Commission Expires: Residing at: JL'Z &vk
�OF Mn'" April 03, 2021
My Commission Expires: / U 3 /20.2- 1
S A N D E R S O N G% Cottonwood-Babcock
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STEWART
Page 2 of 3 1892.03
Parcel 2-1
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: Andrea Surratt
City Manager
��
ATTEST: 1342
By: Robin Crough : V' :, W"—'r •
City Clerk • * • �_r, r� .Z
_ a3 •o
, LL'• . . . • 1
�rIN co.�
State of Montana )
) ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this '7- day of /-c i. 20.L 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.
BRENDA SWEENEY Notary Signature Lin
Notary Public
,�'�,��ASwFF1`
m�'�oTARIA for the State Of Montana
}�esigin9 at: Notary Printed Name
.SEAL. = Borte?As1h, Montana
My Commission Expires: Notary Public e State of
December 02,2022
Residing at:
My Commission Expires: 1 /20
S A N D E R S O N V-71 Cottonwood-Babcock
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STEWART
Page 3 of 3 1892.03
Parcel 2-1
EXHIBIT A
PUBLIC USE EASEMENT
WITHIN
TRACT 3 IN BLOCK 3 OF VALLEY WEST SUB., S9, T2S, RSE, P.M.M.
PREPARED FOR CITY OF BOZEMAN NOVEMBER, 2018
PREPARED BY S A N D E R S O N S T E W/a R TAI-9 BOZEMAN, MONTANA
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 30'\ \ \20, \
EXISTING DITCH \' EXISTING UTILITY
\ \ \ \ \ \ \MAINTENANCE I \ \ \ \ \ \ \ \
\ \ \ \ \ EASEMENT
\\EASEMENT \ \ \ \` \ + \ \ .\ I
(J-320) (J-320)
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
\ \ \ \ \ \ \ \ \ \ \ PARCEL 2-1 \ \ \ \ o¢
\ \ \ \ \ \ \ \ \ \ \ PUBLIC USE \ \ \ \ \
\ \ \ \ \ \ \ \ \ \ \ EASEMENT \I\ \ \ \ o
\ \ \ EXISTING \ \ \ \ \ \ \ \ \ \ \ \ \
\ \ \ (TYPjERTY LINE)
INE
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ y
W Z
POB I
O
z
WEST BA COCK STR T
L1 N 89' 39' 18" W, 15.01 FEET
L2 N 38' 38' 10" E, 25.48 FEET
L3 S 02' 34' 28" W, 20.02 FEET
R/W LEGEND
is 0 is 30 EXISTING ROAD R/W COTTONWOOD—BABCOCK
NEW EASEMENT AREA TO DURSTON
NORTH SCALE:I'-as
AREA REMAINING PARCEL 2-1
18092-3—EXHIBITS.DWG 18092.03 11/16/18 TC