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HomeMy WebLinkAboutAPPENDIX J.11_Temporary Access easementAfter recording return to: Buffalo Run Bozeman LLC 5400 Fowler Ln Bozeman, MT 59718 TEMPORARY ACCESS EASEMENT AT THE HOMESTEAD AT BUFFALO RUN CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA BUFFALO RUN BOZEMAN LLC, GRANTOR, in consideration of the receipt of One Dollar ($1.00) and for other valuable consideration, receipt of which is hereby acknowledged, does hereby grant to the City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230, GRANTEE, temporary access for temporary hammerhead turnarounds for the use by the public in, through, and across a strip of land situated in the City of Bozeman, on a being no more than 40 ft. in width (perpendicular to the R-o-W) by 40 ft. in length (chord length on the R-O- W), to be located on the following described real property: Temporary Access Easements all within the Homestead at Buffalo Run Property, Situated in the N1/2 SW1/4 SW1/4 of Section 23, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana. according to the official plat thereof on file and of record in the office of the County Clerk & Recorder of Gallatin County, Montana, as shown and more particularly described on Exhibit K attached hereto. 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 peacefully hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 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 . GRANTOR: BUFFALO RUN BOZEMAN LLC By: ____________________ 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 ACCEPTED: __________________________ CITY OF BOZEMAN by ______________________ City Manager ATTEST: _______________________________ City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this ______ day of ___________________, 20 , 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 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 S89°52'06"W 1330.04'N89°51'57"E 1331.58'N81°34'01"E 386.13'S38°10'26"E 774.23'L1L2L3L4 L5L6L7L8 S18° 2 3 ' 4 2 " W 6 5 7 . 6 5 'L13L14L15L16 L9 L12L10L11 Line TableLine #L1L2L3L4L5L6L7L8L9L10L11L12L13L14Length35.0040.0035.0040.0040.0240.0939.9540.0040.0040.0040.0040.00115.0740.00DirectionN89° 51' 57"ES00° 08' 03"ES89° 51' 57"WN00° 08' 03"WN89° 51' 57"ES00° 00' 00"EN90° 00' 00"WN00° 06' 02"WS00° 08' 03"ES89° 52' 06"WN00° 08' 03"WN89° 52' 06"EN68° 43' 31"WS00° 08' 03"ELine TableLine #L15L16L17Length40.0040.0040.00DirectionS89° 52' 06"WN00° 08' 03"WN89° 52' 06"EN0°06'25"W 665.51' S0°01'33"W 665.57'651300SCALE IN FEET©PROJECT NO.FIGURE NUMBERCOPYRIGHT MORRISON-MAIERLE,2022Plotted by nick mcmichael on Jan/26/2022DRAWN BY:DSGN. BY:APPR. BY:DATE:engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.netN:\6475\005 - Buffalo Run - Site Plan\ACAD\Survey\EASEMENTS\6475005 Easement Exhibit Temporary Access Easement.dwg 6475.005EX. KTEMPORARY ACCESS EASEMENT SHEET 1 OF 2THE HOMESTEAD AT BUFFALO RUNLOCATED IN THE NORTH 1/2 SOUTHWEST 1/4 SOUTHWEST 1/4 SECTION 23,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANABOZEMANMONTANANMMMGNM01/2022SURVEYOR'S CERTIFICATEI, Nicholas J. Dougherty-McMichael, Professional Land Surveyor, LicenseNo. 72686LS, do hereby certify that I conducted this easement survey.Dated this ______ day of ____________, 2022___________________________Nicholas J. Dougherty-McMichael, PLSMT Reg. # 72686LSMorrison-MaierleEXHIBIT KA TEMPORARYACCESS EASEMENTIN, THROUGH ANDACROSS THEPROPERTY,SITUATED IN THEN 1/2 SW 1/4 SW 1/4SECTION 23,TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN,GALLATIN COUNTY,MONTANA.30' EXISTINGR.O.W.20' EXISTINGR.O.W.DOC. # 273132110' EXISTINGP.U.E.DOC. # 2731321POINT OFBEGINNINGTEMPORARY ACCESSEASEMENT #1POINT OF COMMENCEMENT TEMPORARY ACCESS EASEMENT # 3FOWLER LANE (60')20 FOOT PUBLIC STREET AND UTILITY EASEMENT DOC. # 2731321 POINT OF BEGINNINGTEMPORARY ACCESSEASEMENT #3POINT OF BEGINNINGTEMPORARY ACCESSEASEMENT #2TIE LINE ONLYPOINT OF COMMENCEMENT TEMPORARY ACCESS EASEMENT #1TIE LI N E O N L Y POINT OF COMMENCEMENT TEMPORARY ACCESS EASEMENT #2TIE LINE ONLYPOINT OFBEGINNINGTEMPORARYACCESSEASEMENT #4POINT OF COMMENCEMENT TEMPORARY ACCESS EASEMENT # 4T.L.O. S89°52'06"W 1330.04'N89°51'57"E 1331.58'N81°34'01"E 386.13'L1L2L3L4 L5L6L7L8 L13L17L14L15L16 L9 L12L10L11 N0°06'25"W 665.51' S0°01'33"W 665.57'651300SCALE IN FEET©PROJECT NO.FIGURE NUMBERCOPYRIGHT MORRISON-MAIERLE,2022Plotted by nick mcmichael on Jan/26/2022DRAWN BY:DSGN. BY:APPR. BY:DATE:engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.netN:\6475\005 - Buffalo Run - Site Plan\ACAD\Survey\EASEMENTS\6475005 Easement Exhibit Temporary Access Easement.dwg 6475.005EX. KTEMPORARY ACCESS EASEMENT SHEET 2 OF 2THE HOMESTEAD AT BUFFALO RUNLOCATED IN THE NORTH 1/2 SOUTHWEST 1/4 SOUTHWEST 1/4 SECTION 23,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANABOZEMANMONTANANMMMGNM01/2022EXHIBIT KA TEMPORARYACCESS EASEMENTIN, THROUGH ANDACROSS THEPROPERTY,SITUATED IN THEN 1/2 SW 1/4 SW 1/4SECTION 23,TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN,GALLATIN COUNTY,MONTANA.TEMPORARY ACCESS EASEMENT #1Commencing from the Southwest corner of the North ½ Southwest ¼ Southwest ¼, Section 23, Township 2 South, Range 5 East, Principal Meridian, being the Point of Commencement;thence N81°34'01”E a distance of 386.13 feet to a point on the Southwest corner of Temporary Access Easement #1, being the Point of Beginning 1; thence N89°51'57”E a distance of35.00 feet; thence S00°08'03”E a distance of 40.00 feet; thence S89°51'57”W a distance of 35.00 feet; thence N00°08'03”W a distance of 40.00 feet to the Point of Beginning 1.Said easement contains 0.03 acres, more or less.TEMPORARY ACCESS EASEMENT #2Commencing at the Southwest corner of Tract 1 of Certificate of Survey 2074, being the Point of Commencement; thence S38°10'26”E a distance of 774.23 feet to the Northwest corner ofTemporary Access Easement #2, being the Point of Beginning 2; thence N89°51'57”E a distance of 40.02 feet; thence S00°00'00”E a distance of 40.09 feet; thence N90°00'00”W a distanceof 39.95 feet; thence N00°06'02”W a distance of 40.00 feet to the Point of Beginning 2.Said easement contains 0.04 acres, more or less.TEMPORARY ACCESS EASEMENT #3Commencing at the Southeast corner of Tract 1 of Certificate of Survey 2074, being the Point of Commencement; thence S18°23'42”W a distance of 657.65 feet to the Northeast corner ofTemporary Access Easement #3, being the Point of Beginning 3; thence S00°08'03”E a distance of 40.00 feet; thence S89°52'06”W a distance of 40.00 feet; thence N00°08'03”W a distanceof 40.00 feet; thence N89°52'06”E a distance of 40.00 feet to the Point of Beginning 3.Said easement contains 0.04 acres, more or less.TEMPORARY ACCESS EASEMENT #4Commencing from the Southeast corner of the North ½ Southwest ¼ Southwest ¼, Section 23, Township 2 South, Range 5 East, Principal Meridian, being the Point of Commencement;thence N68°43'31”W a distance of 115.07 feet to a point on the Northeast corner of Temporary Access Easement #4, being the Point of Beginning 4; thence S00°08'03”E a distance of40.00 feet; thence S89°52'06”W a distance of 40.00 feet; thence N00°08'03”W a distance of 40.00 feet; thence N89°52'06”E a distance of 40.00 feet to the Point of Beginning 4.Said easement contains 0.04 acres, more or less.POINT OF COMMENCEMENT TEMPORARY ACCESS EASEMENT #1POINT OF COMMENCEMENT TEMPORARY ACCESS EASEMENT # 4