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HomeMy WebLinkAbout20- Public Use Easement - Gregory H. and Whitney W. Pritham - Baxter Cottonwood Intersection Parcel 1 E MONTANA TITLE AND ESCROW ORDER# O :rFIIS DOCUMENT HAS BEEN ELECTRONICALLY Return to: KOORDED. SEETHE ATTACHED COVER PAGE Sanderson Stewart 106 East Babcock FOR THE RECORDING INFORMATION Bozeman, MT 59715 of$a2g PROJECT NAME: CITY OF BOZEMAN BAXTER/COTrONWOOD Engineering Division • �'; `• PROJECT#: 18092.01 Public Works Department j8§ 4�c PARCEL#: 1 TI"I INO PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTOR(S), GREGORY H. PRITHAM AND WHITNEY W. PRITHAM, as joint tenants, whose address is 4687 Baxter Lane, 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, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following-described tract of land located in Gallatin County, Montana: A public use easement to the City of Bozeman, on Tract 5 of Certificate of Survey No. 2202, located in the SW'/4SW%of Section 34, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the Office of the County Clerk and Recorder, Gallatin County, Montana; A public use easement more particularly described as follows and as shown on Exhibit A; Beginning at the southwest corner of the easement herein described, being a point on the north right- of-way of Baxter Lane and the east right-of-way of Harper Pucket Road, from which point the section corner common to Sections 33 and 34, T1S, R5E and Sections 3 and 4, T2S, R5E, P.M.M., bears S 450 06' 33"W,42.65 feet, said point of beginning; Thence, from said point of beginning, N 00' 24' 34" E, 216.51 feet along the east right-of-way of Harper Pucket Road to the north line of said tract; Thence, N 89' 45' 07" E, 30.00 feet along the north line of said tract; Thence, S 000 24' 34" W, 196.54 feet; Thence N 89° 48' 32" E, 186.88 feet to the east line of said tract; Thence, S 01° 38' 12" E, 20.01 feet along the east line of said tract to the north right-of-way of Baxter Lane; Thence, S 89° 48' 32" W, 217.59 feet along the north right-of-way of Baxter Lane to the point of beginning, and containing 10,241 sq.ft., 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 GRANTEE 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. CITY OF BOZEMAN PROJECT NAME:BAXTER/COTTONWOOD Parcel 1 PROJECT*18092.01 Page 1 of 3 2689458 Page 1 of 4 07/16/2020 12 29:28 PM Fee: $28.00 Eric Semerad- Gallatin County, MT MISC MONTANA TITLE AND ESCROW ORDER 'f Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 of soli PROJECT NAME, CITY OF BOZEMAN BwcTERICOTTONWOOD Engineering Division Public Works Department PROJECT M 18082.01 PARCEL#:1 PUBLIC USE EASEMENT PUBLIC USE EASEMENT THE GRANTOR(S), GREGORY H. PRITHAM AND WHITNEY W. PRITI-IAM, as joint tenants, whose address is 4687 Baxter Lane, 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,full and unrestricted easement and right-of-way in,over, under,along,through, and across the following-described tract of land located in Gallatin County, Montana: A public use easement to the City of Bozeman, on Tract 5 of Certificate of Survey No. 2202, located in the SW'/.SWY4 of Section 34,Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the Office of the County Clerk and Recorder, Gallatin County, Montana; A public use easement more particularly described as follows and as shown on Exhibit A; Beginning at the southwest corner of the easement herein described, being a point on the north right- of-way of Baxter Lane and the east right-of-way of Harper Pucket Road,from which point the section comer common to Sections 33 and 34,T1S, R5E and Sections 3 and 4, T2S, R5E, P.M_M., bears S 450 06'33"W,42.65 feet, said point of beginning;Thence,from said point of beginning, N 00'24'34" E, 216.51 feet along the east right-of-way of Harper Pucket Road to the north line of said tract; Thence, N 89° 45' 07" E, 30.00 feet along the north line of said tract; Thence: S 00' 24' 34" W, 196.54 feet; Thence N 89'43' 32" E, 186.88 feet to the east line of said tract; Thence, S 01° 38' 12" E, 20.01 feet along the east line of said tract to the north right-of-way of Baxter Lane; Thence, S 89° 48' 32" W, 217.59 feet along the north right-of-way of Baxter Lane to the point of beginning, and containing 10,241 sq.ft.,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 GRANTEE 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. CITY OF BOZEMAN PROJECT NAME_BAxTER/COTTONWOOD Parcel 1 PROJECT*:1809201 Page 1 of 3 GREGORY H. PRITHAM AND WHITNEY W. PRITHAM, as joint tenants G ory . Pritham W-/V I— Whitney W. Pritham ACKNOWLEDGMENT OF GRANTORS STATE OF /14 )ss County ofl2,/6� r,\ ) On this-4 day of 20,L before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, Gregory H. Pritham, as a joint tenant, 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. ` -y MCCC KELLY MCCLOY °��C.• 0 ;; Notary Public NoTARI.A :for the State of Montana D Residing at: 46tau W in and for the ate of c5.SEAL.-,; Bozeman, Montana My Commission Expires: iviy commission Expires: December 01, 2022 STATE OF )ss County of&AA0 ) On this day of 21_ , before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor,Whitney W. Pritham, as a joint tenant, 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, 1 have hereunto set my hand and affixed my official seal this day and year above written. °1w MCA°' KELLY MCCLOY C ��� ... coo,, - OJ, H l A4 E Notary Public ota Publ in and for the Stat aoTARi,y� =for the State of Montana * —— * Residing a My om Ission Expires: o'L— NA SEAL.�Q Bozeman, tviontana OF mission Expires: L2�2�__ber01, 2022 CITY OF BOZEMAN PROJECT NAME:BAXTERICOTTONWOOD Parcel 1 PROJECT#:18092.01 Page 2 of 3 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 ff helich BOA Ci M ager .�..,...• .., ATTEST: ;• By: Oke Maas City Clerk ��1�''CO. C State of Montana ) ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this N' day of., C 20X by Jeff Mihelich and Mike Maas, 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 ixed my official seal this dray and year above written. rotary,Signature Line n i1a � Seal Notary Printed Name p��TTEq''•,: BERNACETTE A MASSEY Notary Public for the State of Mtiy\ �Yl , = Notary Public , me•'NOTagiq�,m for the State of Montana Residing at: 1�4i SEAL. MY Co ��'`' Residing at: My Commission Expires: `� /�� /20� y'• 2Q Bozeman Montana , " mrission Expires- OF May 23, 2023 CITY OF BOZEMAN PROJECT NAME:BAXTER/COTTONWOOD Parcel 1 PROJECT#:18092.01 Page 3 of 3 EXISTING ROAD RIGHT-OF-WAY 2� \ \ I�Current Owner: \ \ \ \ \ \ \ Gregory H. Pritham and TRACT 5 OF C.O.S. 2202 \ I \Whitney W. Pritham IN SEC. 34, T1S, R5E �. . . . . ., 4687 Baxter Lane \ \ \ \ \ \ \ o ` Bozeman, MT 59718 \ \ \ \ \ \ \ \ 0 . . . . . .I \ EXISTING \ \NOPERTY � \ \ \ w � . . C .I. . . . '�'' \ \ L1 N 00° 24' 34" E, 216.51 FEET \ \ \ \ ° T;. . .;. . . . .I\ L2 N 89° 45' 07" E, 30.00 FEET w \ \L3 S00° 24' 34" W, 196.54FEET \ \ \ \ \ L4 N 89° 48' 32" E, 186.88 FEET \ _ ' \ \L5 S 01° 38' 12" E, 20.01 FEET \ \ \ ,. . .I . . . . . 1\ \L6 S 89° 48' 32" W, 217.59 FEET \ \ \ I. . . . . .J \ PARCEL 1 PUENEW \ \ \ \ \ \ \ EASEMENTC USE \ \ \ \ \ \ \ \ 4 \ \ . . . . . . . . . . . . . . . . . . . . . U, . . . . . . . . . . . . . . . . . . . . . EXISTING POB TELEPHONE EASEMENT (FILM 49, PG. 1168) 44 BAXTER LANE EXISTING ROAD - \ - -\R ./- jY F-� R/W Legend I ® Existing Road Right-of-Way New Public Use Easement I Area Remaining 25 0 zs 50 SCALE IN FEET A public use easement to the City of Bozeman, on Tract 5 of Certificate of Survey No. 2202, located in the SW'/SW'/4 of Section 34, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the county clerk and recorder, Gallatin County, Montana, and more particularly described as follows: Beginning at the southwest corner of the easement herein described, being a point on the north right-of-way of Baxter Lane and the east right-of-way of Harper Pucket Road, from which point the section corner common to Sections 33 and 34, T1S, R5E and Sections 3 and 4, T2S, R5E, P.M.M., bears S 45° 06' 33" W, 42.65 feet, said point of beginning; Thence, from said point of beginning, N 00° 24' 34" E, 216.51 feet along the east right-of-way of Harper Pucket Road to the north line of said tract; Thence, N 89° 45' 07" E, 30.00 feet along the north line of said tract; Thence, S 00° 24' 34" W, 196.54 feet; Thence N 89° 48' 32" E, 186.88 feet to the east line of said tract; Thence, S 01° 38' 12" E, 20.01 feet along the east line of said tract to the north right-of-way of Baxter Lane; Thence, S 89° 48' 32" W, 217.59 feet along the north right-of-way of Baxter Lane to the point of beginning, and containing 10,241 sq.ft., more or less . Right of Way Required for Baxter Lane and Cottonwood Road Roadway Improvements City of Bozeman, Montana EXHIBIT A PARCEL 1