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HomeMy WebLinkAbout19- Public Use Easement - Islamic Center of Bozeman, Inc. - 15th Avenue and Beall Street M T E MONTANA T E AND ES_R W ORDER# PLATTED 2648196 Eric SeX-9 - Ge1la?inOCou©ty02MTi PM Fee $28.00 Return to: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIsc Sanderson Stewart � 106 East Babcock Bozeman, MT 59715 Project Name: 15th and Beall Bozeman High School District#7 Project No: 18077 t Parcel No: 1-1 PUBLIC USE EASEMENT The GRANTOR, Islamic Center of Bozeman, Inc., whose address is 301 North 15'h Avenue, Bozeman, Montana 59715, 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: Lot 5-B of the amended subdivision plat of Lot 5 of Block 4 of the Kirkwood Baptist Church's Rearrangement of Block 4 of Kirk's Second Subdivision to the 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 G-26-A) Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Lot 5-B and the easement herein described, being a point on the North right-of-way of West Beall Street and the West right-of-way of North 151h Street, said point of beginning; Thence, from said point of beginning, N 89' 16' 20" W, 45.99 feet along the North right-of-way of West Beall Street; Thence, N 570 53' 34" E, 55.45 feet to the West right-of- way of North 151h Street; Thence, S 01' 52' 13" W, 30.07 feet along the West right-of-way of North 151h Street to the North right-of-way of West Beall Street and to the point of beginning, and containing 691 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 free from any interference or claim by GRANTOR or anyone lawfully claiming by, through or under GRANTOR; and shall have a free and unrestricted right to access and maintain said facilities, free from any interference or claim by GRANTOR or anyone lawfully claiming by, through or under GRANTOR, as long as the right-of-way of which this easement area is a part, remains a public way. 4 SANDERSON *&Y' Page ��y 180 and Beall S T E WA R.Y 9 18077 Parcel 1-1 The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers, directors, members, employees, agents, and invitees and save them harmless from any and all liability, loss, costs or 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, its officers, directors, members, employees, agents, and invitees. ISLAMIC CENTER OF BOZEMAN, INC. Name: d"e\V is M.v,11 b 2N,)H NJ A-1 -T rU Title: �:>,.Q_s 1 ACKNOWLEDGMENT OF GRANTOR State of i" lorL,^4 ) ss. County of �,�o r ) On this day of ri l 2019, before me, the undersigned, a Notary Public in and for the said State, perso ally appeared the GRANTOR, moo-iAMMAD RyHu i_- A MTr-4 the s�J+.9--.T- of Islamic Center of Bozeman, Inc., 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. �n "MOpp EVAN MOPPERT Notary Signature Line F9�;-; Notary Public NpTAN/A< for the State of Montana * SEAL ) Residing at: Notary Printed Name I Bozeman, Montana "9 Mpis�,' My commission Expires: Notary Public for the State of "� November OB,2022 Residing at: My Commission Expires: / /20 S A N D E R S O N Oiy 15th and Beall S E A l Page 2 of 3 � �� 18077 Parcel 1-1 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 ZEMAN By: Andrea urratt City Manager ZE ATTEST: By: Robin Crough /' City Clerk 't* ' ���••�,�0 C�LLATLI`I C'�. State of Montana ) ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this day of 201 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. Notary Signature Line "opWF' BRENDA SWEENEY Notary Public 'mQ'NpT!n �t fTAgtate of Montana Notary Printed Name *\ JCG Residing at: u5:.SEAL.�� Bozeman, Montana Notary Public for the Sate of My Commission Expires: December 02,2022 Residing at: onoinunaP"• My Commission Expires: ) . /20 .0`v S A N D E R S O N * r, 15th and Beall S T E WA R T Page 3 of 3 18077 Parcel 1-1 EXHIBIT A PUBLIC USE EASEMENT WITHIN LOT 5-13 OF PLAT G-26-A, S12, T2S, R5E PREPARED FOR BSD #7 / CITY OF BOZEMAN4a , OCTOBER, 2018 PREPARED BY S A N D E R S O N« i ti:° ' ;E> tj►u BOZEMAN, MONTANA \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ EXISTING \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ PROPERTY LINE \ \ \ \ \ \ \ (TYP) EXISTING UTILITY / \ \ \ \ \ 'EASEMENT \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ (23MISCBK179) W 20 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ;/ PARCEL 1-1 0 PUBLIC USE 'W WEST BEALL STREET POB L1 N 89° 16' 20" W, 45.99 FEET L2 N 57' 53' 34" E, 55.45 FEET L3 S 01° 52' 13" W, 30.07 FEET R/W LEGEND ^ 15 0 is 30 ®EXISTING ROAD R/W NEW EASEMENT AREA 15TH AND BEALL 0 AREA REMAINING PARCEL 1-1 18077—EXHIBITS.DWG 18077 10/24/18 CMK/TG