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HomeMy WebLinkAbout17- Utility Easement - East Main Investments, LLC - Lots 1 and 2, Block 1, Elks Club Property Subdivision (Blackmore Bend) Recorded Deed to: East ain Investment, LLC 1184 NoAh l5th Avenue, Suite 4 Bozeman, MT 715 Return to: PLATTED City of Bozeman City Clerk PO Box 1230 2593381 Bozeman, MT 59771-1230 Page: 1 of 5 09/20/2017 04:23:45 PM Fee. $35.00 Charlotte Mills - Gallatin County, MT MISC III IIII III III IIII IIIIIII 111111 IIIII IIII IIIII III IIIIIII III IIIII IIIII IIIII IIII IIII UTILITY EASEMENT EAST MAIN INVESTMENTS, LLC, GRANTOR, in consideration of$ 1.00 and for other and valuable considerations, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, and for Grantor's own benefit, a perpetual utility easement for the use of each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, through, and across strips of land situated in Gallatin County, Montana, which easement shall be ten (10) feet wide and shall be located on the following described real property: Lots 1 and 2 in Block 1 of Elks Club Property Subdivision, located in the SWl/4 of Section 8, Township 2 South, Range 6 East, City of Bozeman, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Plat Reference: ) The easement areas are more particularly described and depicted on the attached Exhibits A and B which by this reference is made a part hereof. The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATED this f-� day of , 20 0 GRANTOR: East Main Investments, LLC: By: Donald E. Cape, Jr, Member of JWT Restaurant Group, LLC, Mana0g',Member of East Main Investments, LLC STATE OF MONTANA ) ):ss County of Gallatin ) On this r' day of'7� , 2017, before me the undersigned, a Notary Public for the State of Montana, pers nally appeared Donald E. Cape, Jr., known to me to be Member of JWT Restaurant Group, LLC, the Managing Member of East Main Investments, LLC and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of East Main Investments, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) d , P�eYwis' SHIRLEY VISSER Notary Pubiic ���_-_ 1:Lk � NOTARrq�9 `:for the State of Montana Not ,A ary Publicifor the State of Montana *= , =�9 S Residing at: Q Be e, Montana•' lgrad �= �c OF Mo�P>' My Commission Expires: January 28, 2020 (Printed Name) Residing in »e e My Commission Expires /20 ACCEPTED: CITY OF BOZEMAN BOZO b 4 .• f f f• City Manager ATTEST: U 3. f �1 City Clerk co' STATE OF MONTANA ) )ss. County of Gallatin ) On this day of � �,,�e� , 2017, before me, a Notary Public for the State of Montana, personally appeared 7jt pi 1 S M , (,/-n(-,\Q-t1'-� aA;)-, � , known to me to be the City Manager and City Clerk, respectively,� City of Bozeman the persons whose names are subscribed to the within 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 Notarial Seal the day and year first above written. *, ) BRENDA SWEENEY ,??moo ''' F "O1 Notary Public a mQ-�O-TAR14j7AS.for the State of Montana -- Residing at: ' SEAI,Pam,= Bozeman, Montana Notary Public for the State ot ontana My OF December 02,20118e e (Printed Name) Residing at��n��„�� My Commission. Expires / 3 /20 EXHIBIT UTILITY EASEMENT FOR LOT 1 , BLOCK 1 , ELKS CLUB PROPERTY SUBDIVISION ��• ,FMB&� � `\ ST �•�� �Fss4 ��� S 66 S 10'WIDE UTILITY N 23°03'02"E 440.. `\�. j F EASEMENT 10.00, 7- 4q0„� ro 30'WIDE WATER PIPELINE AND ACCESS EASEMENT/ FX�STj 20p S 30°10'57"E LOT 2 +./ % NSF AIG, 3(9, 35.05' �\ 15'WIDE SEWER FNT7S EASEMENT 94w SERVICE LOT 1 /39� �:�•� t / BLOCK 1 N 30'10'57"W ELKS CLUB 28.20' / _ I r PROPERTY N 08°43'16"E / I CO 35' I UTILITY SUB. 97.08' 3s ' / 15'WIDE PUBLIC / EASEMENT STREET AND / j UTILITY I / UTILITY EASEMENT / I EASEMENT N 23°03'02"E / � % 6856 S.F. � 10.01, / ! S 64°42'34"E 0.157 ACRES A=10°23'22" / 50.39' R=382.10' / M t ------- / L=69.29' / I 30'WIDE SEWER / I c/) — PIPELINE AND / ACCESS EASEMENT S 73°03' % I / 0=11'56'27" -- 55" N 88°44'54"E R=372.10' i N 73°123SS 13.04' / I L=77.55' 1 N 64°42'34"W w / I/ I i f50.73' 209.07, 1 j j ( 10'WIDE UTILITY /I I}— j ' EASEMENT 211•40, W I I 1 S 88°44'54"W I I I o W LOT 3 LOT 4 24.85' I I i Q Q ' i I I EXISTING SEWER EASEMENT 1 1 = J 1 i I SHOWN ON PLAT H-29-B aEASEMENT GRANTED WITH THIS EXHIBIT jv 30 0 30 60 SCALE FEET KLI71 Jun 26,2017-10:47am-P:\Private\MT\City\Bozeman\11415006 East Main Commercial\Cadd\Util Easements\Exhibit A1.dwg EXHIBIT UTILITY EASEMENT FOR LOT 2, BLOCK 1, ELKS CLUB PROPERTY SUBDIVISION -'N 33°02'09"E c 7/ 10.15' 10'EA TM EASEMENT ------- S66° S44p„F Fx�STING 5. 4 p ti1F/V?- �F 247.12, F 739R A TN / 4s / / i MFNr 1� `• \�2428& } 664 �. �•� / / 12'WIDE PUBLIC ``���•`� � 7'�S 23°03'02"W y ACCESS EASEMENT UTILITY 10.00' �?` / �•�. F WIDE PUBLIC STREET EASEMENT AND UTILITY EASEMENT 2420 S.F. 30'WIDE WATER PIPELINE AND / 0.056 ACRES ACCESS EASEMENT u / p i i LOT 2 BLOCK 1 "^�`// i 15'WIDE m t EXISTING 20' EWER ELKS CLUB PROPERTY SUB. 1� /�-s RV ICE PLANTER STRIP / EASEMENT z l 1 j l PLAT H-29 / / Q t i i I UTILITY EASEMENT ji I I 1 2361 S.F. / / / ,` / LOT 1 = I 1 ! ! 0.054 ACRES ( 1 1 ! 10'WIDE UTILITY EASEMENT / ; S 23°03'02"W N 00°24'21"E 10.87' ! ! ! N 90°00'00"E 238.21' / / 10'WIDE UTILITY I10.00' 1 I f' L, r EASEMENT ! N 90°00'00"W 234.03' ' �[ 1 I r r-- -----•-•-•-•-•-•-- 1 j _ 30'WIDE WATER ( \ l i l PIPELINE AND LOT 3 I I j ACCESS ( LOT 4 EASEMENT I I I EASEMENT GRANTED WITH THIS EXHIBIT N 30 0 30 60 io SCALE FEET r� KLI 11� Jun 26,2017-11:29am-P:\Private\M'RClty\13ozemaMl1415006 East Main Commercial\Cadd\Util Easements\Exhibit B1.dwg