Loading...
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 $1.00 and other considerations in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further consid- eration of the covenants and agreements between the parties hereto, the Grantors have granted the following rights and privileges: A construction easement for the purpose of manuvering equipment, stockpiling material and associated activities dur- ing the construction of S.I.D. 562. The description of the areas covered in this easement are as follows: .- -.. 1 IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. STATE OF MONTANA ) /I/~/JV~ C- [~ / ( . ":~tt7m (-. ..c-z~~ / I ss County of Gallatin) On this ~ day public in and for said and Anton Lovfald, name s are instrument, and acknowledged executed the same. of Sept. 197 -2-, before me, a notary State, personally appeared W. Bruce Mecklenburg known t. me to be the person~ whose subscribed to the within they to me that ~ /lJcrJ~~_ Notary Public for the State of MonGna Residing at Bozeman, Montana My Commission Expires November 30, 1976 P,TTEST: ~""1.~' I~~/.vk-CL ~Rt'A--'\f;;- UAf1JHiC, , Acting Cler~' O( the City Commission ( ~~'. ~1,<< l CU, ~:jX~, ~ J1I. ,$ W. VOLLllER, Hayor ~4- ~ 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. ~. ." !16 COR # ~tRYE LNlm L1,2"" SO' t>d" ,II,,;,; 5(f,.4/ .. .J. r 24"- '* .. 7.-./~4.S0" J CONS TiC.uC r 10^, ,: l €ffSEMENT .. ._~~~ ~-' ---~~~ -'.- ~ ;~\.. ~ ~ ... k\ ~ ~ ~ /. 07/ AC. ~ , ~ ~ ~ ~ =t .sB9*:2~W /,e.ooL ~CURVE a4TA .::J;" .!19-/.,3'/.2'- H,37atJo' ~ ~.2S.3.27' . r,. /.11.4.2' Nt1I'E: IfQIID A'S DO NOr AU n:f1 MJIINJJAA., svllvd .lUARIN6$ ..1' o-Q6.'&5- O/FF'&RENCE /JtIE ", SNaRT 8ACIfSIG.Hr:5 ON /fOAD A,/GNMENT .. ~ C~AYI' Atl#U. J · 36- ZZ'/8- ,If 'I' ..!JiGO, Q() , N ~ .. /.s!A .,/' r so .!I/. C., , , \:I ~ ~ ~ ~ \~ I~ 10;) ;\..9 S C fI L E / II ::.- /OG '