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HomeMy WebLinkAbout3.3_Public Access Easement - Mid Block_2021-03-12 PUBLIC ACCESS EASEMENT Saccoccia Lands II LLC, GRANTOR(S), in consideration of one dollar ($1.00) and for other and valuable consideration, receipt of which is hereby 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, a public access easement for a multi-use path for the use of the public in, through and across a 30 feet wide strip of land situated in Gallatin County, Montana, which is located on the following described property: LEGAL DESCRIPTION FOR A PUBLIC ACCESS EASEMENT ACROSS LOT 5 OF BRIDGER PEAKS VILLAGE SUBDIVISION, PLAT J-368, SITUATED IN THE NW1/4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA The easement is more particularly described on the attached Exhibit(s) which by this reference are made a part hereof. The GRANTOR(S) agrees: (1) To construct and maintain the multi-use path at their own expense in accordance with relevant City Ordinances, including, but not limited to, snow removal and all major and minor repair work. (2) To allow the City to make any and all inspections of the multi-use path and land appurtenant thereto as the City reasonably deems necessary. The GRANTOR(S) warrant that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. The GRANTOR further agrees 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. DATED this day of , 20 . GRANTOR: STATE OF MONTANA ) ) ss. County of Gallatin ) On this ____ day of ___________________, 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared, ___________________, known to me to be the ____________________________ of _____________________________ and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of _________________________________. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana ___________________________________ (Printed Name) Residing in My Commission Expires ______/ /20 ACCEPTED: _________________________ CITY OF BOZEMAN By: _______________________ City Manager ATTEST: _______________________________ City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this ______ day of ___________________, 2 , 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 Notarial Seal on the day and year first above written. (SEAL) ______________________________________ Notary Public for the State of Montana ______________________________________ (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20 S2°21'23"W 493.32'N87°39'57"W 152.02'W 30.00' PUBLIC ACCESS EASEMENT SETBACK40.00' PUBLIC ACCESS EASEMENT SETBACKN. 15TH AVE.N69°12'52"W34.27'N64°25'05"W34.04'N87°39'57"W 70.63'S4 7 ° 0 4 ' 4 8 " W 1 5 1 . 3 6 'N42°55'12"W 474.52'N2°04'48"E 209.93'S87°55'12"E 30.00'S2°04'48"W 197.51'S42°55'12"E 432.09'N4 7 ° 0 4 ' 4 8 " E 1 3 3 . 8 7 'S87°39'57"E 89.30'S64°25'05"E27.36'S2°23'33"W32.64'TSCHACHE LANE11x17 HORIZONTAL SCALE: 1" = 60'GRAPHIC SCALE0(IN FEET)153015301 INCH = 30 FTEXHIBIT DFIGURE NUMBER©PROJECT NO.DRAWN BY:DSGN. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE, INC.,2021N:\3959\022\ACAD\Sheets\Exhibits\Easements\EX D - Midblock crossing Easement.dwg Plotted by celine saucier on Mar/22/2021engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.net3959.022EX DBOZEMAN EAST APARTMENTSBOZEMANMONTANAPUBLIC ACCESS AND UTILITY EASEMENTCMSJCW11/2020A 30' PUBLIC ACCESS AND UTILITY EASEMENTACROSS LOT 5 OF BRIDGER PEAKS VILLAGESUBDIVISION, SITUATED IN THE NW1/4 OFSECTION 1, TOWNSHIP 2 SOUTH, RANGE 5EAST, PRINCIPAL MERIDIAN, CITY OFBOZEMAN, GALLATIN COUNTY, MONTANABRIDGER PEAK VILLAGESUBDIVISION, PLAT J-368LOT 5DESCRIPTIONCommencing from the Southeast Corner of Lot 5 of Bridger PeaksVillage Subdivision Plat J-368, thence N69°12'52"W. a distance of34.27 feet to the Point of Beginning; thence N.64°25'05"W. adistance of 34.04 feet, thence N.87°39'57"W. a distance of 70.63feet, thence S.47°04'48"W. a distance of 151.36 feet, thenceN.42°55'12"W. a distance of 474.52 feet, thence N.2°04'48"E. adistance of 209.93 feet, thence S.87°55'12"E. a distance of 30.00feet, thence S.2°04'48"W. a distance of 197.51 feet, thenceS.42°55'12"E. a distance of 432.09 feet, thence N.47°04'48"E. adistance of 133.87 feet, thence S.87°39'57"E. a distance of 89.30feet, thence S.64°25'05"E. a distance of 27.36 feet, thenceS.2°23'33"W. a distance of 32.64 feet to the Point of Beginning.PT LAND PHASE 2SUBDIVISIONPLAT J-498Public Street andUtility EasementDoc. # 2622608P.O.B.BRIDGER PEAK VILLAGESUBDIV IS ION, PLAT J-368LOT 4SURVEYOR'S CERTIFICATEI Jon C. Wilkinson, Professional Land Surveyor, License No. 16411LS,do hereby certify that I conducted this easement survey.Dated this 22 day of March, 2021___________________________Jon C. Wilkinson, PLS, CFedSMT Reg. # 16411LSMorrison-Maierle