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HomeMy WebLinkAbout20- Utility Easement by North Park Development Partners - Tract 4A of Survey No. 2153, Principal Meridian Montana ifUrn to: CRY of Bozeman City Clerk PC) 80X 1 230 0946man3 MT 99771-1230 V pLAf�tiD 2711979 Ergc Semerad - G21a0in0CouO`Y, MT PM Fee-M$SC 00 1111 IIIII$1 IN UTILITY EASEMENT NORTH PARK DEVELOPMENT PARTNERS, LLC, GRANTOR, in consideration of One Dollar($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 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 a strip of land situated in Gallatin County, Montana, ten (10) feet wide to be located on the following described real property: Tract 4-A of Certificate of Survey No. 2153, located in the Northeast One-Quarter and the Northwest One-Quarter of Section 36, 'Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit"A"which by this reference is made a part hereof. The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the 1 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. DATED this 2-7 day of s �r'''�� , 20 NORTH PARK DEVELOPMENT PARTNERS LLC By: /a� ayl Sc�cU6�� Its: /f , STATE OF MONTANA ) )ss County of Gallatin ) On this2?dri�ay of *AeW4e'- ,20 l before me, the undersigned, a Notary Public for the State of Montana, personally appeared C4.,fow 5e**,-4WD -/ known to me to be theA4614 pize wie a of North Park Development Partners, LLC and the person whose name�cribed to the within instrument, and acknowledged to me that he/she executed the within instrument for and on behalf of North Park Development Partners, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) /J /ea ,,,, KEN OLSON'i'°' Notary Public• for the State of Montana otary Public for the State of Montana *= Residing at:zQ, Bozeman, Montana �E� DlsOyQo`'�` My Commission Expires: <° May 07,2023 (Printed Name Residing at 4W, /�0 4 f-le't My Commission Expiree�/_�/36 Lot.3 2 ACCEPTED: OF s -� CITY OF BOZEMAN .............. .. • �� Ci'' •` •••:���\ By CitydZa6&ger ATTEST: City Clerk 1.�;' •..:�...•• �� STATE OF MONTANA ) ) ss. County of Gallatin ) On this / day of [l , 20`ll, before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for 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 seal on the day and year first above written. (S AL) HEATHER BIENVENLiE �� t.•. F Notary Public OTARI,ci?-- for the State of Montar otar Public for the State of Montana =a. SE _._ k REsidinr� .�t: 1 Y .SEAS . Q Bozeman, Montan t 6 My Com �minlcn xr,irz- �,�'�� J-anuary 26, 21u22 (Printed Name) Residing at Bozeman, Montana My Commission Expires: _/ /20 EXHIBIT SHOWING A 90 FOOT WIDE PUBLIC ROAD AND UTILITY EASEMENT, SITUATED WITHIN TRACT 4-A OF CERTIFICATE OF SURVEY No.2153, LOCATED IN THE NORTHEAST ONE-QUARTER AND THE NORTHWEST ONE-QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA LEGAL DESCRIPTION The following is a description of the centerline of a ninety foot (90.00) wide Public Road and Utility Easement and a ten foot (10.00) wide utility easement, situated within Tract 4—A of Certificate of Survey No. 2153, located in the Northeast One—Quarter and the Northwest One—Quarter of Section 36, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana. Said Public Road and Utility Easement centerline being more particularly described as follows: Beginning at a point which bears North 88`08'35" West, a distance of 19.62 feet from the Center One—Quarter Corner of said Section 36; thence along a 300.00 foot radius non—tangent curve to the left through a central angle of 33`09'50" for an arc length of 173.65 feet, with a chord bearing of North 33°42'48" West a distance of 171.23 feet; thence North 50`20'11" West a distance of 249.98 feet, to a point being the center of a 100.00 foot radius cul—de—sac. Said Public Road and Utility Easement being 60,852 square feet. EXHIBIT A PROJECT SURVEYOR: KIT SHEET 02 DISCOVERY DRIVE Civil Engineering ineering SOZEMAN,MT 55718 �T DRAMBY: KWO oF� 1�4 SGC. T. R. PHONE ICO6)5n-oui Geatechnical Engineering S) ALLIED. FAX e an d5770 Land Surveying REVIEWED BY: KIT PROJECT No.14-167 36 1S 5E a n.l.�• DATE 12/26/2018 —Survey\Z—BND.dwg I I , I , SET YELLOW TRACT 4-A ► PLASTIC CAP AS 100' W.C. I , 10' WIDE ► PUBLIC UTILITY EASEMENT ACCESS f \ \ EASEMENT \ (60,852 sqft) \ \ 100, I \► // DETENTION ► I CUL_ RADIUS POND / ► DE—SqC ► / EASEMENT I I \ \ / 30' WIDE DRAINAGE EASEMENT I� \ \ 2Qgi0- 90' WIDE \ \ \\ p- - - __ EXISTING — PUBLIC ROAD & C' \ 1— UTILITY EASEMENT \\� \ \\'�'i>' \ I CELL TOWER 10' WIDEIIEASEMEN PUBLIC UTILITY \ EASEMENT \ TOWER / ACCESS ASEMENj 36 POINT OF C 1/4 COR BEGINNING SEC 36 N88'08'35"W 19.62' SET 5/s' REBAR WITH YELLOW PLASTIC CAP ACCESS EASEMENT DETAIL SCALE 1 " = 80' BASIS OF BEARING,COORDINATES BEARINGS SHOWN ARE MONTANA STATE PLANE GRID. DISTANCES ARE GROUND DISTANCES IN INTERNATIONAL FEET. MONTANA COORDINATE SYSTEM NAD 83 HORIZONTAL DATUM: BOZEMAN CONTINUOUSLY OPERATING REFERENCE STATION PEn DESIGNATION DK7547 MTSU BOZEMAN CORS ARP MONTANA STATE PLANE NAD 83 (2011) (EPOCH: 2010.0000) NORTH LATITUDE 45'39'40.37689" k WEST LONGITUDE 111'02'42.00898" UNITS: INTERNATIONAL FEET Convergence angle: —01'07'49" PROJECT SURVEYOR: KIT SHEET 82 DISCOVERY DRIVE Civil Engineering BOZEMAN,MT 59718 DRA'hN BY: KYO 2 OF 2 1/4 See. T. R. PHONE(w6)m-221 Geotechnical Engineering F.(w8)5823779 ALLIED Land Surveying REVIEWED BY: KIT PROJECT No.th167 36 1S 5E .asl• DATE: 12/26/2018 —Survey\Z—BND.Ewg