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HomeMy WebLinkAbout3.13.13_Public Access and Utility Easement PUBLIC ACCESS AND UTILITY EASEMENT Saccoccia Lands II LLC, GRANTOR(S), in consideration of $ 1.00 and for other and valuable considerations, 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 and utility easement 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 AND UTILITY 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 D which by this reference is made a part hereof. The GRANTOR(S) agrees: (1) To construct and maintain the driveway area 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 driveway and land appurtenant thereto as the City reasonably deems necessary. (3) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (4) At no time will they modify the finished grade of the land over the pipeline by removal of existing soil or by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (5) That where the subject improvements are not located under improved public or private streets or other provided access, a 12 foot wide all-weather access road may be constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. (6) The GRANTOR(S) warrants 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. (7) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. THE GRANTOR(S) AGREES: (1) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (2) At no time will they modify the finished grade of the land over the pipeline by removal of existing soil or by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) That where the subject improvements are not located under improved public or private streets or other provided access, a 12 foot wide all-weather access road may be constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. (4) The GRANTOR(S) warrants 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. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). The terms, covenants and provisions of this easement and agreement 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 . By: 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 person whose name is subscribed to the within instrument, and acknowledged to me that he/she did execute the same. 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 at 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 , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be 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 at My Commission expires / /20 S2°21'23"W 493.32'N87°39'57"W 152.02'W 6FIRE6FIRE6FIRE30.00' 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.,2020N:\3959\022\ACAD\Sheets\Exhibits\Easements\EX D - Midblock crossing Easement.dwg Plotted by celine saucier on Dec/3/2020engineers 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 V ILLAGESUBDIVISION, PLAT J-368LOT 4