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HomeMy WebLinkAbout18- Public Street and Utility Easement - Bozeman Apartment Group, LLC - Icon Apartments, Lot 3A of Minor Subdivision No. 365 urn to: San e Stewart 106 East Ba k _ Bozeman,MT 5 15 PLATTED J Return to: City Gi Bozeman City2628758 Page: 1 or 5 10/11/2018 02:48:22 PM Fee: $35.00 PO Box 1230 Charlotte Mills — Gallatin County, MT MISC Bozeman, MIT 59771-1230 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 PUBLIC STREET AND UTILITY EASEMENT Bozeman Apartment Group, LLC, GRANTORS, in consideration of$ 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, a perpetual street and utility easement for the use of the public, in, through, and across the following described real property: A tract of land situated in the SW1/4 of Section 10, Township 2 South, Range 5 East, P.M.M., in the City of Bozeman, Gallatin County, Montana, being a portion of Lot 3A of Minor Subdivision No. 365, as recorded in the office of the County Clerk and Recorder of said County. The easement is more particularly described on said Exhibits A and B, which by this reference are made a part hereof. The GRANTORS state that they possess the real property described above and that they have a lawful right to grant an easement thereon. The GRANTORS further agree that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. 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. 130Z:17007.02_BKC P_Public_S treet_Utility_Easement_0801 18 1 DATED this *� day of , 20A. Bozeman Apart ent Group, LLC By: Title: �1�•�,.._ r�'lb STATE OF MONTANA ) ss County of Gallatin ) On this Z day of f , 20 ,before me the undersigned, a Notary Public for the State of Montana,per§6nally appeared 6r 'VL KI&I ,known to me to be AMICIP of Bozeman Apartment Gr up, LLC and the person whose name is subscribed to the ithin instrument and acknowledged to me that he executed the within instrument for and on behalf of Bozeman,Apartment Group, LLC IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. NATALIE PURKETT •y Public fo a State of'140ntana tE P q '% NOTARY PUBLIC for the State of Montana _*NOTARIAL*_ Residing at SEAL Bozeman, Montana �9h1 �lP� Fi�no��. My Commission Expires January 01, 2022 BOZ:17007.02_BKCP_Public_Street_Utility_Easement_080118 2 ACCEPTED: CITY OF BOZEMAN B �T < Y• ' �B p2 An rea Surratt, City Manager O . ATTEST: jsn�aid '=i�- Robin Crough, City C '.1a3 Oct . l�7"jT Co,b1 STATE OF MONTANA ss County of Gallatin ) On this Pl- day of 1, , 20-L-,before me, a Notary Public for the State of Montana,personally appeared ANDREA SURRATT and ROBIN CROUGH,known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and 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 °mQ�apTAR//q�y�cfor the star ofbMontana Notary Public for the State of< ontana sft Residing at: *' S 'AL.� ` Bozeman, Montana Commission Expires: `%�,,,,, ► ;��' December 02,201B BOZ:17007.02_BKCP_Public_Street_Utility_Easement 080118 3 EXHIBIT A PUBLIC STREET & UTILITY EASEMENT WITHIN LOT 3A, MINOR SUB. No. 365 PREPARED FOR BRAXTON DEVELOPMENT , JULY, 2018 PREPARED BY S A N D E R S O N S T E W A R T+ BOZEMAN, MONTANA N 89'40'17" W — EXHIBIT•e• 92.27'POINT OF WEST BABCOCK STREET BEGINNING - .. N 00 34'39" _ s71553; i 0=18'5000" R=185.00' �I T LrI] L=60.81' uS�S r CHORD r I „ 6054939"E;rT�—_. r t 1 1 N 19*24'39" E j 50.20' —Fat lr }} A=18'500 0" L) w' =37.80' o CHOR 04 � N09SD'39 E 6=73'13'40" eo d 37.63' � � I, - R=17.79'�,- \� t o a �Y — L=22.73' 7 j( Z' C I r �, (� CHORD _N 50'33 58 W,D � S36'50'48"W, l 8.07, (� /p 21.22' �S iR N 8925'21 W 623.92 O 'PALISADE DRIVE 89'25'21,'_E da -�! I. _v626.39� � I �I�' N 51'51'04" E S 43*15*25" Ej 8.04' 15.54' }J = � � 88.35� l � OF L1 ki qr '-lam 01 I 1 o jt A, - �I I� IL Z� ► -W3 - - j i1 N 48 58'55" W 1 10.1 FALLON STREET --LS 89'25'19" E� —T — 67.71' MONTH s :r=15W BKCP_PUB_ST_h_UTIL ESMT_EXA.DWG 17007.02 7/13/18 MDB TIOZ:17707.03 BKCP Public Street Utility Faseemcu[080118 4 EXHIBIT B Metes & Bounds Description: A tract of land situated in the SWl/4 of Section 10, Township 2 South, Range 5 East, P.M.M., in the City of Bozeman, Gallatin County, Montana, being a portion of Lot 3A of Minor Subdivision No. 365, as recorded in the office of the County Clerk and Recorder of said County, being more particularly described as follows, to wit: Beginning at a point which is the northwest corner of said Lot 3A.; thence, from said Point of Beginning, S 00°34'39" W along the west line of said Lot 3A, a distance of 1228.13 feet to the southwest corner of said Lot 3A; thence S 89'25'19" E along the south line of said Lot 3A, a distance of 67.71 feet; thence, leaving said south line,N 48°58'55" W a distance of 10.14 feet; thence along a line running parallel with and 60.00 east of said west line,N 00°34'39" E a distance of 655.81 feet; thence, leaving said parallel line, N 51°51'04" E a distance of 8.04 feet; thence along a line running perpendicular to said west line, S 89°25'21" E a distance of 626.39 feet; thence, leaving said perpendicular line, S 43°15'25" E a distance of 15.54 feet to a point on the east line of said Lot 3A; thence N 00°08'31" E along said east line, a distance of 88.35 feet; thence, leaving said east line, along a non-tangent curve to the right with a central angle of 73°13'40", a radius of 17.79 feet, and a length of 22.73 feet(chord bears S 36°50'48" W a distance of 21.22 feet); thence N 89°25'21" W a distance of 623.92 feet; thence N 50°33'58" W a distance of 8.07 feet; thence along a line running parallel with and 60.00 feet east of said west line,N 00°34'39" E a distance of 264.17 feet; thence along a curve to the right with a central angle of 18°50'00", a radius of 115.00 feet, and a length of 37.80 feet(chord bears N 09°59'39" E a distance of 37.63 feet); thence N 19°24'39" E a distance of 50.20 feet; thence along a curve to the left with a central angle of 18°50'00", a radius of 185.00 feet, and a length of 60.81 feet (chord bears N 09°59'39" E a distance of 60.54 feet); thence N 00°34'39" a distance of 87.53 feet to a point on the north line of said Lot 3A; thence N 89°40'17"W along said north line, a distance of 92.27 feet to said Point of Beginning, having an area of 2.703 acres, more or less. BOZ:17007.02_BKCP_Public_Street_Utility_Easement_080118 5