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HomeMy WebLinkAbout19- Utility Easement - NWX, LLC - Northwest Corner of Cottonwood and Oak Annexation Return to: City of Bozeman City-Clerk PO Box 1230 Bozeman, MT 59771-1230 UTILITY EASEMENT NWX, 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, a perpetual utility easement for the use 1^4 of each and every person, firm or corporation, whether public or private, providing or offering to o provide telephone, electric power, gas, internet, cable television or other similar utility or service, LU 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 a strip of land situated in Gallatin County, Montana, , feet wide to be located on the following described real property: A description of land being the NE 1/ of Section 4 also known as Tract 5 of Certificate of Survey No. 2552; located in the NE 1/ of Section 4, Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit B which by this 0 0 NN reference is made a part hereof. E� LL The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. N = The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the Q�= N =_ rights and privileges herein granted without any interruption by the GRANTOR. o �= The terms, covenants, and provisions of this easement shall extend to and be binding N �= �� - upon the heirs, executors, administrators, personal representatives, successors, and assigns of the mom= m= (Q m parties hereto. NaW 1 DATED this I day of , 20�. By: Grantor—NWX, LLC By: Bryan Klein, Manager STATE OF MONTANA ) )ss. County of Gallatin ) On this I� day of ,TUt R 120 A,before me, the undersigned, a Notary Public for the State of Montana,personally appeared (3f lan Elf l known to me to be th h sowho �}h� es s ub"s`cr i �dg= to the withi�trument, and acknowledged to me Hthat he/se 1 xec � §&e. ACCEPTED: j CITY OF BOZEMAN < $O Z ps City Manager 0 •, ,• i ATTEST: =' ,' •, •• City Clerk 83 •_ STATE OF MONTANA ) LA TIN )ss. County of Gallatin ) On this _. "�f`"` day of ��;_ ;t> , 2 ��',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 Notary Public — =-1':'1%0TARj44.A! for the State of Montana *= Residing at: SEAL Bozeman, Montana Nota ` C ' Public for the State of M tana ' '9 My Commission Expires: f�%", ,,,, " December 02,2022 OF,,,,,, (Printed Name)--_`` Residing at My Commission Expires 120 EXHIBIT B -EASEMENT EXHIBIT LOCATED IN THE NE 1/4 OF SECTION 4 T2S, R5E, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MT Beginning at the Northeast Corner of Section 4,the Point of Beginning;thence 5.2°16'25"W.on the east line of Section 4 for a distance of 2413.53 feet to the north line of the existing Public Street and Utility Easement and Fill Slope Easement;thence N.87°43'35"W.along said existing easement for a distance of 60.00 feet;thence N.2'16'25"E.for a distance of 1175.95 feet;thence along a curve to the left having a radius of 7934.64 feet,a central angel of 7'58'01",for an arc length of 1103.30 feet;thence N.88"58'42"W.for a distance of 215.70 feet;thence N.0"00'00"E.for a distance of 83.10 feet;thence N.89'15'30"W.for a distance of 2274.30 feet;thence 5.1°42'36"W.for a distance of 2512.68 feet;thence 5.89"13'13"E.for a distance of 2385.60 feet to the westerly line of the existing Public Street and Utility Easement and Fill Slope Easement;thence S.68'24'32"W.along said existing easement for a distance of 80.41 feet;thence N.89"13'13"W.for a distance of 1069.14 feet;thence S.0"46'47"W.for a distance of 31.90 feet to the mid-section line of Section 4;thence N.89'13'13"W.on the mid-section line of Section 4 for a distance of 1288.12 feet to the Center Corner of Section 4,also being the Southeast Corner of Tract 4 of Certificate of Survey No.2552;thence N.1"42'36"E.on the east line of said Tract 4 of Certificate of Survey No.2552 for a distance of 2625.17 feet to the North''/,Corner of Section 4 as described in Certified Corner Record Book 3,Page 922 doc.#2294184 also being the Southwest Corner of Tract 1 of Certificate of Survey No.2553;thence 5.89"15'30"E.on the north line of Section 4 for a distance of 2675.75 feet to the Point of Beginning. The area of the above described easement is 11.55 acres,more or less. TRACT 1 XISTING 30 FOOT COS 2553 COS42672A RIGHT OF WAY EASEMENT PER COUNTY ROAD MAP T1S R5E SHEET NO.6 P S89'15'30"E 2675.75' r ————__ _ .30'————————————————-1 NO'00'00"E VAT I — r— N89°15'30"W 2274_ II BAXTER LANE � _�N88'58'42"W 215.70' j1 0 W II I II o a II I� `) o II I II II I II II I R=7934.64' TRACT 4 II I L-1103.30' COS 2552 �I II em7'58'01" II III - I II II � I I II O II � IO II � I II h "III TRACT 5 1 M�I� COS 2552 II 171 �II � II 10 ojl II I� NII � u IA Ij 10'P_ UE mil �O 11 60.00' III I� II N II I� I II 10'PUE II" 10 I IIW IC.> II III I II 45' EXISTING PUBLIC STREET IIN I 11 &UTILITY EASEMENT AND IIZ I II FILL SLOPE EASEMENT LU N87-43.35-W 60.00' 11 a o S68'24.32"W 174.75' 1 LO O nj S75°50'44"W 222.53' S89°13'13"E 238560' I 1 . � � I II S68°24'32"W 80.41' S2'16'25"W 86.47' I SO'46'47"W 31.90' LL=__ _----- — N89°73'73"1N 1069.14' ----- — --- ----- S2°16'25"W39.78'- WEST OAK S N89"13'13"W 19.91' N89'13'13"W 1288.12'