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3.13.1_10' PUE_2021-03-12
UTILITY EASEMENT Saccoccia Lands II 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 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, 10’, feet wide to be located on the following described real property: LEGAL DESCRIPTION FOR A 10 FOOT WIDE 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(s) C1 & C2 which by this reference is made a part hereof. The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the 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 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 / /200 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 S87°55'12"E 799.23'TSCHACHE LANES1°29'24"W30.00'N1°29'24"E10.00'S2°21'23"W10.00'S87°55'12"E 798.78'N87°55'12"W 798.63'S2°21'23"W30.00'S87°55'12"E 799.23'EXHIBIT C1A 10' UTILITY EASEMENT ACROSS LOT 5 OF BRIDGER PEAKS VILLAGE SUBDIVISION, PLAT J-368, SITUATED INTHE NW1/4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN,GALLATIN COUNTY, MONTANAFIGURE NUMBER©PROJECT NO.DRAWN BY:DSGN. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE, INC.,2021N:\3959\022\ACAD\Sheets\Exhibits\Easements\EX C- Proposed PUE.dwg Plotted by celine saucier on Mar/22/2021engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.net3959.022EX C1BOZEMAN EAST APARTMENTSBOZEMANMONTANA10' PUE - TSCHACHE LANECMSJCW11/202011x17 HORIZONTAL SCALE: 1" = 60'GRAPHIC SCALE0(IN FEET)153015301 INCH = 30 FTP.O.B.BRIDGER PEAK V ILLAGESUBDIV ISION , PLAT J-368LOT 5DESCRIPTIONCommencing from the Northwest Corner of Lot 5 of Bridger PeaksVillage Subdivision Plat J-368, thence S.1°29'24"W. a distance of30.00 feet to the South Right of Way of Tschache Lane, being thePoint of Beginning; thence S.87°55'12"E. along said South Right ofWay, a distance of 798.78 feet to the west line of PT Land Ph 2Subdivision Plat J-498, thence S.2°21'23"W. a distance of 10.00 feet,thence N.87°55'12"W. a distance of 798.63 feet to the east line ofBridger Peaks Town Center Subdivision Ph 1 & 2 Plat J-275, thenceN.1°29'24"E. a distance of 10.00 feet to the Point of Beginning.BRIDGER PEAKS TOWNCENTER SUBDIVSION PH 1 & 2PLAT J-275PT LAND PHASE 2SUBDIV IS IONPLAT J-498SURVEYOR'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 S2°21'23"W 493.32'N87°39'57"W 152.02'10.0' PUEN87°39'57"W10.00'N2°21'28"E36.47'N30°29'38"E42.47'R=215.50'L=105.83'Δ=28°08'17"CB=S16°25'29"WCH=104.77'S2°21'23"W21.20'S30°29'38"W23.77'S2°21'28"W36.47'R=205.50'L=100.92'Δ=28°08'17"CB=S16°25'29"WCH=99.91'N87°39'57"W35.50'N87°39'57"W 106.52'N. 15TH AVE.EXHIBIT C2A 10' UTILITY EASEMENT ACROSS LOT 5 OF BRIDGER PEAKS VILLAGE SUBDIVISION, PLAT J-368, SITUATED INTHE NW1/4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN,GALLATIN COUNTY, MONTANAFIGURE NUMBER©PROJECT NO.DRAWN BY:DSGN. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE, INC.,2021N:\3959\022\ACAD\Sheets\Exhibits\Easements\EX C- Proposed PUE.dwg Plotted by celine saucier on Mar/22/2021engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.net3959.022EX C2BOZEMAN EAST APARTMENTSBOZEMANMONTANA10' PUE - 15TH STREETCMSJCW11/202011x17 HORIZONTAL SCALE: 1" = 60'GRAPHIC SCALE0(IN FEET)153015301 INCH = 30 FTP.O.B.BRIDGER PEAK VILLAGESUBDIVISION, PLAT J-368LOT 5DESCRIPTIONCommencing from the Southeast Corner of Lot 5 of Bridger PeaksVillage Subdivision Plat J-368, thence N87°39'57"W. a distance of35.50 feet to the west Right of Way of N. 15th Ave., also being thewest line of Public Street and Utility Easement Doc. # 2622608, beingthe Point of Beginning; thence N.87°39'57"W. a distance of 10.00feet, thence N.2°21'28"E. a distance of 36.47 feet, thence along acurve to the right having a radius of 215.50 feet and a central angleof 28°08'17" for an arc length of 105.83 feet, thence N.30°29'38"E. adistance of 42.47 feet to the west line of PT Land Phase 2 Plat J-498,thence S.2°21'23"W. a distance of 21.20 feet to the west line ofPublic Street and Utility Easement Doc. # 2622608, thenceS.30°29'38"W. along said west line a distance of 23.77 feet, thencealong a curve to the left having a radius of 205.50 feet and a centralangle of 28°08'17" for an arc length of 100.92 feet, thenceS.2°21'28"W. a distance of 36.47 feet to the Point of Beginning.PT LAND PHASE 2SUBDIVISIONPLAT J-498Public Street andUtility EasementDoc. # 2622608SURVEYOR'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