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HomeMy WebLinkAbout17- Corrected Utility Easement - East Main Investments, LLC - Lots 1 and 2, Block 1, Elks Club Property Subdivision (Blackmore Bend) Return after Recording: City of Bozeman City Clerk P.O.Box 1230 Bozeman, MT S9 S PLATTEDS 259613& Page: 1 of 5 10/19/2017 04:17:39 PM Fee: $35.00 Charlotte Mills - GallatinIIIII CountyIIIII , MT MISC 1 IIIIIII Illlll III IIII IIIIIII(IIIII IIII IIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII CORRECTED UTILITY EASEMENT EAST MAIN INVESTMENTS, LLC, GRANTOR, in consideration of$ 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, Block 1, of Amended Plat of the Elks Club Property Subdivision, located in the SWIA of Section 8, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, under Document No. -?6'1(, / 2 y and as Plat H-29- C recorded in the office of the County Clerk and Recorder, Gallatin County, Montana. 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. This Corrected Utility Easement corrects the described real property contained in the Utility Easement, recorded on September 20, 2017 as Document No. 2593381, and amends, supercedes and replaces such previously recorded Utility Easement. DATED this-W. day of U��,,l,{,_ , 2017. GRANTOR: East Main Investments,LLC: By: Donald E e, Jr, Member of JWT Restaurant Group, LLC, Manag' g ember of East Main Investments, LLC STATE OF MONTANA ) ):ss County of Gallatin ) On this�-1-, day of �Lk-t, ,W , 2017, before me the undersigned, a Notary Public for the State of Montana,personally 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) �`°ysNocq* ST sA TA pUSLlWG PAN(R Notary Pu c for the State of ntana Qor •? £ bORY FUBIJC forof montm tlb 3,FAL •" �sldln : mama (Printed Name) YF mmi�lon E2$rp Residing in ---- my 01,202D ~�� - "��"z' -- My Commission Expires / /20 ACCEPTED: CITY OF BOZEMAN by 'BoPCh rj Ci Manager ' 0F. ♦ . .2�i'^ ATTEST: .� ♦ r �_ 1 City Clerk " ���•, 1883 ,.•�� STATE OF MONTANA )ss. County of Gallatin ) On this day of� � , 2017, before me, a Notary Public for the State of Montana, personally appeared and , known t me to be thetCityy� Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are (1 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 ... F2 Notary Public m`r NOTAR/,q A for the State of Montana *: Residing at: ;N•.SEAL. Bozeman Montana 9 Pr ' Notary Public for the State o ontana ;.• My Commission Expires: December 02,2018 (Printed N� Residing at ZA-V-Ip,� My Commission Expires 1.)_/ Q /20 I9 EXHIBIT UTILITY EASEMENT FOR LOT 1 , BLOCK 1, OF THE AMENDED PLAT OF THE ELKS CLUB PROPERTY SUBDIVISION PLAT H-29- �'`•�' 74F ` `� lS�`'C `'�'�•sS4 �/•. S E6 S4. 10'WIDE UTILITY \ FT N 23°03'02"E i 40"F EASEMENT \ 10.00, / 66°S b \ �. jo 30'WIDE WATER PIPELINE AND ACCESS EASEMENT~ LOT 2 2p0 8 _ S 30-10'57"E /// 15'WIDE SEWER �SFMFNT SSF�F 3\ 35.05' SERVICE LOT 1 / EASEMENT ELKSCK 1 CLUB N 30'10'57"W `� I 28.20' r /i/ PROPER 0 35' PROPERTY N 08°43'16"E i/I ^ 0 35 I ' / / i UTILITY 97.08' / " ' 15'WIDE PUBLIC / '^ % EASEMENT STREETAND j 10'WIDE I UTILITY N 23°03'02"E // %/ 6856 S.F. UTILITY EASEMENT I EASEMENT 10.01, A= 10*23'22" 50.942'34"E 0.157 ACRES R=382.10' L=69.29' i 0 I 30'WIDE SEWER / AI l tq "' PIPELINE AND % I r J3° ACCESS EASEMENT jl S I —'—'--- I 03 SS"F N 88°44'54"E I j A=11'56'27" I E /V;,3°03s6 13.04' j ^ i L=77250' N 64°42'34"W w i ii I I 50.73' 20A p;,'jl ^ i I I I 10'WIDE UTILITY I EASEMENT 2j�•4p I i W S 88°44'54"W i j ! W LOT 3 LOT 4 24.85' Q Z I I I ( EXISTING SEWER EASEMENT I = J I I I SHOWN ON PLAT H-29-B N\ONTAAI DARRYL E. EASEMENT GRANTED ;a MAGNIUSOIq WITH THIS EXHIBIT 17791LS N I!0' ad o 90 60 -1 SCALE FEET \/ Oct 06,2017-12:50pm-P:\Private\M11City\Bozeman\11415006 East Main Commercial\Cadd\Util Easements\Exhibit A1.dwg EXHIBIT B UTILITY EASEMENT FOR LOT 2, BLOCK 1 , OF THE AMENDED PLAT OF THE ELKS CLUB PROPERTY SUBDIVISION PLAT H-29- L- N 33°02'09"E ' 10.15', 10 EASEMENT IDEUTIITY -------y M��Ns '9 T 666466- 4oI Fk RFFr \ i SFFt1,FR — i %�%/ %� gGgSFMFG2s• �� � � �� 12'WIDE PUBLIC \ T� ACCESS EASEMENT S 23°03'02"W UTILITY 10.00' ? // 5'WIDE PUBLIC STREET EASEMENT AND UTILITY EASEMENT / 2420 S.F. 30'WIDE WATER / �% �•� 0.056 ACRES ACC S3 EASEMENT�y p i LOT 2 f / / BLOCK 1 / 15'WIDE m I a I l ! EXISTING 20' ELKS CLUB PROPERTY SUB. // ^i SEWERSERVICE - PLANTER STRIP / / EASEMENT Z j I I I PLAT H-29 Q i I i i i UTILITY EASEMENT ! /� / 2361 S.F. i i LOT 1 0.054 ACRES I 10'WIDE UTILITY i/ h EASEMENT j / / S 23°03'02"W N 00°24'21"E I I 10.87' N 90°00'00"E 238.21' 10.00, i I ^ / 10'WIDE UTILITY L, EASEMENT N 90°00'00"W 234.03' w w� w w w w J I I i t 1 I i I 30 WIDE WATER \ PIPELINEAND LOT 3 l i i ACCESS AI I LOT 4 l i EASEMENT O N r AI NN .And DARRYL E. AGNUEASEMENT GRANTED 0O ( h"i177191 S O WITH THIS EXHIBIT � L �., N 9� v 111 r �e 30, 0 30 60 y�{ �,(�(/SCALE FEET zKLI Oct 06,2017-12:52pm-P:\Private\MT\City\Bozeman\11415006 East Main Commercial\Cadd\Util Easemenls\Exhhllbflit1Bt.dwg