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Home My WebLink About19- Public Use Easement - Bozeman Main and 15th Avenue Shopping Center, LLC - 15th Avenue and Beall Street �M T�E MONTANA TITLE AAN�D�ESCRO OFZDER# � !- 2650945 Page: 1 of 5 07/22/2019 03:03:41 PM Fee. $35.00 Eric Semerad - Gallatin County, MT MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII E LT�-C:D:K� Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 Project Name: 15th and Beall Bozeman High School District#7 Project No: 18077 Parcel No: 3-1 PUBLIC USE EASEMENT The GRANTOR, Bozeman Main and 15th Avenue Shopping Center, LLC, a Delaware Limited Liability Company, whose address is 5670 Wilshire Blvd., Ste. 1250, Los Angeles, CA 90036, 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 2 of Minor Subdivision No. 352, located in the NW%of Section 12, Township 2 South, Range 5 East, P.M.M., 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. Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northeast corner of Lot 2 and the easement herein described, being a point on the South right-of-way of West Beall Street and the West right-of-way of North 151h Avenue, said point of beginning; Thence, from said point of beginning, S 01° 49' 18" W, 42.89 feet along the West right-of-way of North 151h Avenue; Thence, N 30' 19' 08" W, 25.06 feet; Thence, N 88° 10' 42" W, 13.29 feet; Thence, N 01' 49' 18" E, 10.00 feet to the North line of Lot 2; Thence, N 68' 09' 21" E, 29.07 feet along the North line of Lot 2 to the South right-of-way of West Beall Street and the West right-of-way of North 151h Avenue and to the point of beginning, and containing 563 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, provided that the removal of any improvements shall not adversely affect GRANTOR'S access to or use of GRANTOR'S property. Upon completion of said project for which access is hereby provided, the GRANTEE shall restore the property as nearly as possible to its original condition. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. GRANTEE agrees to maintain its improvements installed within the easement area including roads, public utilities, curb and gutters, street signs and associated public facilities. S A N D E R S O N 0A 15th and Beall S T E W A R T Page 1 of 3 18077 Parcel 3-1 GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tract of land and covenants that, subject to all matters of record, 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 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. BOZEMAN MAIN AND 15TH AVENUE SHOPPING CENTER, LLC, a Delaware Limited Liability Company *1 .Jll" Steven Usdan, managing member of CCA Acquisition Company, LLC, Managing Member of Bozeman Main and 15th Avenue Shopping Center, LLC ACKNOWLEDGMENT OF GRANTOR State of ) ss. County of ) On this day of 20_, be re me, the undersigned, a Notary Public in and for the said State, personally appeared the GRANT R, Steven Usdan, the managing member of CCA Acquisition Company, LLC, managing membe of Bozeman Main and 15th Avenue Shopping Center, LLC, known to me to be the identical ' dividual who executed the foregoing instrument, who acknowledged to me that the individual xecuted the same as the free and voluntary act of said GRANTOR, with full authority to do so an with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have h eunto set my hand and affixed my official seal this day and year above written. Notary Signature Line (Se ) Notary Printed Name Notary Public for the State of Residing at: My Commission Expires: / /20 SEE ATTACHED CA CERTIFICATE S A N D E R S O N '� 15th and Beall S T E WA R T Page 2 of 3 18077 Parcel 3-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On O-D, l ri _before me, Lori Guttenberg, Notary Public Date �y Here Insert Name and Title of the Officer personally appeared 0<-Aa4n Name,4 of SignerW who proved to me on the basis of satisfactory evidence to be the person('whose nameSsoare- subscribed to the within instrument and acknowledged to me that&sboAbe�,executed the same in his her reif authorized capacity(ies),and that by is herAheh-signatures)on the instrument the person(s); or the entity upon behalf of which the person(s)-acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .-�..F LORIGUTTENBERG WITNESS my hand and official seal. ` = Notary Public-California Los Angeles County > Commission M 2284447 My Comm.Expi•es May 3.2023 Signature Signature of Not Pub is Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 ` $r 0Z 0:. 0aa .:�A'. ✓ ATTEST: ^4•� � •`''r.�^. 0-4 By: Robin Crough p• 3 • ¢' City Clerk 9tL.• �aa •#off ` TIN CO•� State of Montana ) ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this day of 20j by Andrea Surratt and Robin Crough, known to me to be the City Manager and City C erk 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. Asw'�. BRENDA SWEENEY Notary Signature Linq °�O ... try.', V .{.' Notary Public m�'�,o7AR��!�<=for he State of Montana Notary Printed Name eahesiding at: %.SEAL. * Bozeman, Montana Notary Public for the State of My Commission Expires: December 02,2022 Residing at: My Commission Expires: �/�/20 S A N D E R S O N A9 15th and Beall S T E W A R T Page 3 of 3 18077 Parcel 3-1 EXHIBIT A PUBLIC USE EASEMENT WITHIN LOT 2 OF MINOR SUB. 352, S12, T2S, R5E PREPARED FOR BSD #7 / CITY OF BOZEMAN OCTOBER, 2018 PREPARED BY SANDERSON STEWART009 BOZEMAN, MONTANA WEST BE ALL STREET POB Ld PARCEL 3-1 I �" :> -' PUBLIC USE EASEMENT \t EXISTING PROPERTY LINE '' \ x\ \ \EXISTING UTILITY \ \ \ \ / EASEMENT TO MPC (21FM1245) \ \ \ \ z \ \ \ \ \ \ \ EXISTING IRRIGATION DITCH EASEMENT \ \ \ \ \ \ \ \ \ \ \ \ \ EXISTING UTILITY (MINOR 352) EASEMENT (MINOR 352) .t2' 9p EXISTING EASEMENT FOR WATER LINE. SEWER LINE AND \ \ \ \ \ \ \ \ UTILITIES (MINOR 352) \30' \ \ EXISTING STORM \ \ \ \ \ \ \ \ \ \ \x \ \ \ \ \ \ \ DRAINAGE EASEMENT \ \ \ \ \ \ \ \ \ \ \ (MINOR 352) \ I\ \ X \ / L1 S 01° 49' 18" W, 42.89 FEET L2 N 30° 19' 08" W, 25.06 FEET L3 N 88° 10' 42" W, 13.29 FEET L4 N 01° 49' 18" E, 10.00 FEET L5 N 68° 09' 21" E, 29.07 FEET R/W LEGEND ®�® is 0 is 30 ® EXISTING ROAD R/W NORTH SCALE:i^=301 NEW EASEMENT AREA 15TH AND BEALL AREA REMAINING PARCEL 3-1 18077_EXHIBITS.DWG 18077 10/24/18 CMK/TG I i