HomeMy WebLinkAbout76- South 23rd and West Main Easement, Lovfald and Mecklenberg
EASEMENT AND RIGHT OF WAY AGREEMENT FOR
STREET CONSTRUCTION
THIS AGREEMENT, Made and entered into this 22nd day of
September A.D., 1976, by and between Anton Lovfald and Bruce
Mecklenberg parties of the first part, hereinafter called the
Grantors and THE CITY OF BOZEMAN, a municipal corporation of
the State of Montana, in Gallatin County, the party of the
second part, hereinafter called the Grantee.
WIT N E SSE T H :
WHEREAS, The Grantors are the legal record title owners
of property near South 23rd and West Main Street more parti-
cularly described below, and
WHEREAS, The Grantee, in the exercise of its power and
authority as a municipality of the State of Montana, proposes
to construct and install streets and necessary appurtenances
to serve various properties located within the southwest
portion of the City of Bozeman and requires access across
the Grantors land; and
WHEREAS, The Grantee desires to acquire from the Grantors,
and the Grantors are willing to grant to the Grantee an ease-
ment and right of way across the above described property of
the Grantors.
NOW THEREFORE, in consideration of the sum of $1.00 and
other considerations in hand paid by the City of Bozeman, the
receipt whereof is hereby acknowledged, and in further consid-
eration of the covenants and agreements between the parties
hereto, the Grantors have granted the following rights and
privileges:
A construction easement for the purpose of manuvering
equipment, stockpiling material and associated activities dur-
ing the construction of S.I.D. 562.
The description of the areas covered in this easement
are as follows:
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IN WITNESS WHEREOF, The said parties of the first part have
hereunto set their hands and seals the day and year first above
written.
STATE OF MONTANA )
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County of Gallatin)
On this ~ day
public in and for said
and Anton Lovfald,
name s are
instrument, and acknowledged
executed the same.
of Sept. 197 -2-, before me, a notary
State, personally appeared W. Bruce Mecklenburg
known t. me to be the person~ whose
subscribed to the within
they
to me that
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Notary Public for the State of MonGna
Residing at Bozeman, Montana
My Commission Expires
November 30, 1976
P,TTEST:
~""1.~' I~~/.vk-CL
~Rt'A--'\f;;- UAf1JHiC, ,
Acting Cler~' O( the City Commission
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J1I. ,$ W. VOLLllER, Hayor
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SID 562
EASEMENT DESCRIPTION
UNIVERSITY MALL PROPERTY
The following three descriptions outline the boundaries of a construction
easement for use only during construction of S.I.D. 562.
A construction easement located in the University Mall Tract, in the
Southeast 1/4 of Se~on 11, Township 2 South, Range 5 East, Montana
Principal Meridian, including Block 3 and Block 4 of the Kirk Subdivision
Number 4 and the former Toluma Gas Property, City of Bozeman, Gallatin
County.
The following described line is the Easterly right-of-way of 23rd
Avenue.
Beginning at the center one-sixteenth corner of the said Southeast 1/4,
Section 11; thence North 0002'05" West, along the one-sixteenth line
common with the Westerly right-of-way of 23rd Avenue, a distance of 682.20
feet; thence North 89057'55" East, a distance of 60.0 feet to the true
point of beginning, a pipe and cap; thence Northerly, along a 330.00 foot
radius curve to the right (central angle 25022'18"), an arc distance of
146.13 feet; thence North 25020'13" West, a distance of 207.58 feet;
thence along a 626.31 foot radius curve to the right (central angle
24050'00") an arc distance of 271.46 feet; the construction easement
shall extend 15 feet Easterly and perpendicular to said easement line
described.
Beginning at the center one-sixteenth corner of the Southeast 1/4 of said
Section 11; thence North 00002'05" West, along the one-sixteenth line
common with the Westerly right-of-way of 23rd Avenue, a distance of
682.20 feet to the true point of beginning; thence Northerly, along
said Westerly right-of-way of South 23rd Avenue to the intersection of
the access road to U.S. 191 and South 23rd Avenue; thence Westerly, along
the South right-of-way of said access road, a distance of 15.69 feet;
thence South 25020'13" East, to the intersection with the one-sixteenth
line, cornmon with the West right-of-way of South 23rd Avenue extended.
Beginning at the center one-sixteenth corner of the Southeast 1/4 of
Section 11, Township 2 South, Range 5 East, Montana Principal Meridian;
thence North 00002'05" West, along the one-sixteenth line, a distance of
949.68 feet; thence North 42021'30" East, a distance of 41.70 feet to
the Easterly right-of-way of the access road; thence South 47038'30"
East, along said right-of-way, a distance of 68.11 feet to the true
point of beginning.
A construction easement 15 feet in width, Westerly and parallel to the
Westerly right-of-way of South 23rd Avenue; thence Northerly, along
the Westerly right-of-way of South 23rd Avenue, until the easement
intersects the Easterly right-of-way of U.S. 191.
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