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HomeMy WebLinkAbout3.13.2_Conservation Easement_2021-03-19 CONSERVATION EASEMENT Saccoccia Lands II LLC, GRANTOR, 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 perpetual conservation easement for the use of the public in, through and across a strip of land situated in Gallatin County, Montana, which is located on the following described property: LEGAL DESCRIPTION FOR A CONSERVATION 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 H which by this reference is made a part hereof. The GRANTOR warrants that he is lawfully seized and possessed of the real property described above, that he has and that he will forever defend the title of 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 in and 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 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 Residing at My Commission expires ACCEPTED: ____________________________________ City of Bozeman By __________________________________ City Manager ATTEST: ____________________________________ City Clerk STATE OF MONTANA ) )ss. Gallatin County ) 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 official seal the day and year first above written. (SEAL) __________________________________ Notary Public for State of Montana (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20 . HYDHYD S87°55'12"E 799.23' N. 15TH AVE.TSCHACHE LANEN65°24'06"E5.84'S87°55'15"E44.72'S2°21'23"W 287.79'S30°29'38"W42.47'R=215.50'L=93.38'Δ=24°49'42"CB=S18°04'46"WCH=92.65'N64°25'05"W13.60'N87°39'57"W 69.39'N89°42'44"W13.96'N24°36'21"W10.56'R=57.00'L=54.19'Δ=54°28'07"CB=N2°37'43"ECH=52.17'N29°51'46"E 150.06'R=16.00'L=15.33'Δ=54°52'58"CB=N2°25'18"ECH=14.75'N26°27'40"E15.30'N8°35'19"E 184. 4 3 'S2°21'23"W30.00'11x17 HORIZONTAL SCALE: 1" = 60'GRAPHIC SCALE0(IN FEET)153015301 INCH = 30 FTEXHIBIT HFIGURE NUMBER©PROJECT NO.DRAWN BY:DSGN. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE, INC.,2021N:\3959\022\ACAD\Sheets\Exhibits\Easements\EX H - Conservation Easement.dwg Plotted by celine saucier on Mar/22/2021engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.net3959.022EX HBOZEMAN EAST APARTMENTSBOZEMANMONTANACONSERVATIONEASEMENTCMSJCW11/2020A CONSERVATION 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, MONTANABRIDGER PEAK VILLAGESUBDIVISION, PLAT J-368LOT 5PT LAND PHASE 2SUBDIVISIONPLAT J-498Public Street andUtility EasementDoc. # 2622608P.O.B.DESCRIPTIONCommencing from the Northeast Corner of Lot 5 of Bridger PeaksVillage Subdivision Plat J-368, also being the west line of PT LandPhase 2 Plat J-498, thence S.2°21'23"W. a distance of 30.00 feet tothe Point of Beginning; thence S.2°21'23"W. along said west line adistance of 287.79 feet, thence S.30°29'38"W. a distance of 42.47feet, thence along a curve to the left having a radius of 215.50 feetand a central angle of 24°49'42" for an arc length of 93.38 feet,thence N64°25'05"W. a distance of 13.60 feet, thence N.87°39'57"W.a distance of 69.39 feet, thence N.89°42'44"W. a distance of 13.96feet, thence N.24°36'21"W. a distance of 10.56 feet, thence along acurve to the right having a radius of 57.00 feet and a central angle of54°28'07" for an arc length of 54.19 feet, thence N.29°51'46"E. adistance of 150.06 feet, thence along a curve to the left having aradius of 16.00 feet and a central angle of 54°52'58" for an arc lengthof 15.33 feet, thence N.26°27'40"E. a distance of 15.30 feet, thenceN.8°35'19"E. a distance of 184.43 feet, thence N.65°24'06"E. adistance of 5.84 feet, thence S.87°55'15"E. a distance of 44.72 feet,to the Point of Beginning.SURVEYOR'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