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HomeMy WebLinkAbout24 - Liens & Releases - ELEANOR M. WESTLAKE TRUST, DK MARTINEN LLC, N 3rd APART - Westlake's Fourth Subdivision, Block 1 Lots 1 & 2 2821805 Page: 1 of 6 03/11/2©24 12:56:08 PM Fee. $5 oo Eric Semerad - Gallatin County, MT RELLIEN I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII When Recorded,Return to: NORTH 3RD APARTMENTS,LLC Attn: David Ratliff PO Box 4108 Bellevue, WA 98009 RELEASE OF LIEN FOR PARK PURPOSES Grantor: 1.CITY OF BOZEMAN Grantee: 1.ELEANOR M.WESTLAKE SPOUSAL TRUST 2.D.K.MARTINEN,LLC 3.NORTH 3RD APARTMENTS,LLC Legal Description: 1.WESTLAKES 4TH ADD,SO 1,T02 S,R05 E,BLOCK 1,ACRES 3.23, (Abbreviated) REMAINDER LOT 1,PLAT I-16 2.WESTLAKES 4TH ADD,SO1,T02 S,R05 E,BLOCK 1,LOT 2,ACRES 2.64 Complete Legal Descriptions: EXHIBIT A Assessor's Tax Parcel ID#: RGG6409&RGG6410 THIS RELEASE OF LIEN FOR PARK PURPOSES, dated for reference purposes as of the date set forth below, is made by the City of Bozeman, a municipal corporation of the state of Montana ("Grantor") for the benefit of ELEANOR M. WESTLAKE SPOUSAL TRUST(as successor to George E. Westlake), D.K. MARTINEN, LLC, a Washington limited liability company, and NORTH 3RD APARTMENTS, LLC, a Washington limited liability company (collectively, "Grantee"). RECITALS A. Grantor and Grantee's predecessor Myron M Westlake and Aura D. Westlake, husband and wife, entered into an agreement dated October 21, 1964,which was recorded in the office of the County Clerk and Recorder of Gallatin County, Montana on October 23, 1964, in Book 21 of Miscellaneous Records of Gallatin County, Montana, at page 510 (the"Park Agreement"). B. The Park Agreement required Grantee to dedicate certain land for park purposes in connection with platting certain real property owned by Grantee, more particularly described on the attached EXHIBIT A("Grantee's Property"). C. Grantee's Property and the surrounding area, known as Westlake's Fourth Subdivision, was platted on the plat dated May 8, 1973, filed in the office of the County Release of Lien for Park Purposes page 1 2821805 Page 2 of 6 03/1 1/2024 12.56.08 PM Clerk and Recorder of Gallatin County, Montana, and dedicated for park purposes a park area described as "Westlake Park". D. Grantor entered into and recorded that certain document Release of Lien for Park Purposes recorded in the office of the County Clerk and Recorder of Gallatin County, Montana on August 16, 1973, under Film 20, Page 1450, releasing the remaining requirements under the Park Agreement to dedicate land for park purposes other than Westlake Park, but reserving a potential requirement for park dedication purposes on the portion of Grantee's Property located within Block 1, Lot 1 ("First Lien Release"). E. Grantee is currently redeveloping Grantee's Property and has asked to pay a cash donation in-lieu of further land donation in connection with its development. In a memorandum dated September 18, 2023, Grantor approved Grantee's proposal to pay a cash donation in-lieu of land dedication, conditioned on receipt of payment. On October 2, 2023, a payment of$248,726.18 was made to Grantor on behalf of Grantee to satisfy the condition of approval. AGREEMENT In consideration of the mutual promises and covenants set forth below,the Grantor and Grantee agree as follows: 1. Release of Lien. Grantor acknowledges and agrees that receipt of the required payment by Grantee on October 2, 2023 satisfies in full its obligation to pay a cash donation in-lieu of further land donation in connection with development of Grantee's Property, and by its officers duly authorized by action of the City Commission of said City of Bozeman, does hereby release all of Grantee's Property from the lien and any other requirements to dedicate additional land for park purposes,whether under the Park Agreement,First Lien Release, or otherwise. 2. Binding Effect. The provisions of this document shall binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. [Signature page follows] Release of Lien for Park Purposes Page 2 2821805 Page 3 of 6 03/1 1/2024 12.56.08 PM EXECUTED as of 2 , 202/H — —s-q 02-2G-20Zq GRANTOR: CITY OF BOZEMAN p �Z�-�0ZylBy. k�w 1�.�►--`-i_ � Z- Name:4eff-MihZrT& ChV�Ck\jri hv�\ b Imo° r 14c+tr.5 cr+y rko&ACLIer STATE OF MONTANA ) ss. COUNTY OF� ) The foregoing Agreement was acknowledged before me on'F 2.(a , 202/,, 0Z_2,4-2a2_c•/ by Jeff44ike4ek,,the City Manager of the City of Bozeman, Montana. Chv-(-tCW Inh A Not7!� is JULIE HUNTER ATTEST: >;���E ' NTF9', Notary Public for the State of Montana *= Residing at: ;,.SEAL. Q; Bozeman, Montana C ,.•.0�` My Commission Expires: aU'J 0 June 11,2025 Mike Maas, City Clerk A PROVED AS TO FORM: Greoullivan, Ci Attorney Release of Lien for Park Purposes page 3 2821805 Page 4 of 6 03/1 1/2024 12.56.08 PM EXHIBIT A Legal Description of Grantee's Property Parcel 1: Lot 1, of Block 1, of Westlake's Fourth Subdivision to the City of Bozeman, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, and said tract consisting of approximately 4.4 acres,EXCEPTING THEREFROM the following described parcel: A tract of land being a portion of Lot 1, Block 1, Westlake's Fourth Subdivision to the City of Bozeman, located in the Southeast One-Quarter Section 1, Township 2 South, Range 5 East,Principal Meridian Montana and being further described as follows: Beginning at the Northeast corner of said Lot 1, Block 1, thence South 00-02-21 East, along the East line of said Block 1, a distance of 168.94 feet. Thence North 89-57-41 West a distance'of 194.03 feet. Thence South 00-01-15 West a distance of 31.90 feet. Thence North 89-58-45 West a distance of 100.00 feet to the West line of said lot 1, Block 1. Thence North 00-01-15 East along said West line of Lot 1, a distance of 200.87 feet. Thence South 89-57-41 East along the North lineof said Block 1, a distance of 293.85 feet to the point of beginning. Said tract of land being 1.213 acres along with and subject to any existingeasements. The above described tract of land being Lots 403, 405, 407, 409, 501, 502, 503, 504, 505, 506, and 507 and all common area and private street area contained within the plat of Homestead Townhouses, Phase I, City of Bozeman, Gallatin County, Montana. [Parcel TaxID: RGG6409] Parcel 2: Lot Two (2) of Block One (1) of Westlake's Fourth Subdivision to the City of Bozeman, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana [Parcel TaxID: RGG6410] Release of Lien for Park Purposes Exhibit A d ac 21 w510 dGRssYExr THI6 Ion I.T. nd nude and entered into this / day of(��A 964, by and between Myron D.;, and Aura D. 1`(eatla3® of Bozemn ntana, par f'the First Part, and City of Bozeman, a municipal corporation of the of the Second Part; State of Montana, party i if I T N E S S E T H s That the Parties of the First Part are the osmers of the following described unplatted real estate Situated in the City of Bozeman and/or County of Gallatin, State of Montana to - wits East of the S.E. j Section 1, T-2S, R-5E 102 except; beginning at a point, said paint being, 58-` feet East and 2.5 feet North of S.W. corner of said east half of S.E. j Section 1; thence north along the east Iinelof Montana State Eighwgq right-away on Seventh Avenue as now exists a distance of 1027.0 feet; thence South 890 471 east a distance of 553 feet; thence south along the line parallel to east'line of said highway a distance of 1027 feet; thence N 890 471 W a distance of 553 feet to point of beg Montzri. inning, containing 13 acres more or less, also except Westlake's First Addition to the City of Bozeman, i Also, all that portion of East half of the Northeast Quarter (E NFZ}) of Sec- tion 1lTownship Two (2) South of Ran Five (5) East, M.P.M., and all that I portion of the,Northwest Quarter (NV ) of Section Six (6) Township Two (2) South Range Six (6) East, M.p.M., described as follows; j Beginning at the quarter section corner on the West side of Section 6, Town- I ship Si 2]South Range 6 East, the same being the S.W. corner of thelN.W. quarter of Said section six, thence along the South line of said N* 1330.6 feet, I) thence North 2,degrees West, allowing 19 degrees variation East, feet, more or less to a point 30 feet Southerly measured at right angles from the Southerly side of the right of way of the Northern Pacific Railway Campany and being 130 feet from the center of said right of way, thence North 73 degrees 43 minutes West parallel with said right of way 1700 feet, thence de North 70 degrees 52 minutes West 1052 feet more or less, to the East si of the County road, said point being 30 feet southerly measured �t right angles from the Southerly side of said right of way the same being 80 feet is from the center,of said right of way, thence South along the East aide of the County Road,1482 feet more,or less to the South line of the East half of the IJ NH4 of Section 1, Township12 South, Range 5 East, thence along said line 1308 feet more or less, to�the point of beginning containing 64.05 acres, more or''less. yi 6 E:pting therefrom that part of NW4 Section 6 Township 2 South o£ Range 6 East described as follows commencing at the quarter seeticsa eo er on the West line of said Section 6, the same being the Southwest corner bf the N'* of said section, thence East along the South line of said K t to a point; thenoe North 2 degrees West allowing nineteen degrees ivariation et t East, 200 feet to a point; thence Southwesterl to the contain approximately _ Y point of beginning lands conveyed the State SOf Montana efor exclusiv. Also e of the Montana therefrom a� } Highway11 =ission as recorded in Book 245 page 253 Deed Records of the Clerk and Recorder of allatin County, Montana, said lands being 7.61 acres more or less.' � � I I S i I w 21 w511 That Parties of the First Part desire to Plat a strip of land in the above described property to be known as Westlake's Second Addition to Bozemani Montana. That party of the Second Part has required as a.00ndition to accepting the plat of said Westlake,a Second Addition that heParties of the First aarrtParties in connection with platting the remaining portions, of First Part, that Parties at First Part Dedicate one-ninth (1/9) of the total First Part, area. of ds reinbefore set out and owned Parties of exclusiveaid of Streetse y and Alleys when platted to beset aside forhpark parposesf That in consideration of this agreement, Second Party is willing to waive the requirement that one-ninth (1/9) of the area contained in said plat to be known as tiieetlake'a Second Addition at the City of Bozeman to be set aside for Park purposes at this time. NOY!THEREFORE, in consideration of the Party of the Second Part permitting stlake's Second Addition the Parties of the First Part to file said plat of We to the City of Bozeman, Montana, osses, Parties of setting ide a portion of said lands First Part hereby covenant Included. rpo is said pant for park above and agree thect iY and when the above described lands, less 1Yastaake's Second Addition to the City of Bozeman, Montana, now owned by Parties of the First part, are platted, that there shall be included in the plat such area for park pur oses as the laws of Montana may require, not exceeding, however, one-ninth (17) of the total area of the lands hereinbefore described now owned di Parties of the First Part, including the land platted and Sfestlake's Second Addition to the City of Bozeman, Montana, exclusive of streets and alleys, when platted. THIS AGREEMENT shall constitute a lien upon hlands herein described,_ maned by Parties of the First Part, for park purposes ore provided, exclusive of llestlake's Second Addition, and shall bind the successors, assigns and heirs of Parties of the First Part. IN WITNESS 1EREOF, the Parties of the First Part have signed their names and executed these presents, and the Party of the Second Part has caused t ca presents to be executed by the du these ly authorized officers of the party the day and year first above written. v / Z'� L -parties of the First wart: State of Montana ) s County of Gallatin) LL On this day of Qere�rr- 1964, before me, Harold A. Fryslie, a Notary Public for the State of M tana, p onersonally appeared 3!yron M. Yiestlake and Aura D. vfestlake, husband and wife, known tdo meacknowledgedto be the personsto M whoseat names cared the subscribed to the within agreement, same. IN WITNESS, I have set my hand and affixed my notarial seal the day and Year In this certificate first above written. C" . '•_!-�'? l�o ary Pu lic i'or the State f ]dontaaa `'r• n,O, �- Residing at Bozeman, Montana My Commission expires Janw:.rY 20, 1967 a .