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HomeMy WebLinkAboutAPPENDIX J.3_Public Access and Utility EasementAfter recording return to: Buffalo Run Bozeman LLC 5400 Fowler Ln Bozeman, MT 59718 PUBLIC ACCESS AND UTILITY EASEMENT BUFFALO RUN BOZEMAN 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 a driveway and parking area for the use of the public 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 30 feet wide strip of land situated in Gallatin County, Montana, which is located on the following described property: Public Access and Utility Easement 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. The easement is more particularly described on the attached Exhibit C which by this reference is made a part hereof. The GRANTOR(S) agrees: (1) To construct and maintain the driveway and parking 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 parking area 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(S) 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: 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 ___________________, 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, respectively, of 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 My Commission Expires / /20 S0°01'33"W 30.00'S89°51'57"W 148.91'S0°08'03"E 635.56'S89°52'06"W 60.00'N0°08'03"W 635.56'S89°51'57"W 645.81'S89°52'06"W 60.00'N0°08'03"W 635.53'N0°06'25"W 30.00'N89°51'57"E 1281.45'N0°06'25"W 665.51' S0°01'33"W 665.57'N89°51'57"E 645.81'S89°51'57"W 645.81'N0°08'03"W 30.00'S0°08'03"E 30.00'N34°36'50"W 365.89'S0°08'03"E 635.53'S89°51'57"W 366.78'651300SCALE IN FEET©PROJECT NO.FIGURE NUMBERCOPYRIGHT MORRISON-MAIERLE,2022Plotted by lee hageman on May/11/2022DRAWN BY:DSGN. BY:APPR. BY:DATE:engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.net\\mmi\Share\Bozeman\Projects\6475\005 - Buffalo Run - Site Plan\ACAD\Survey\EASEMENTS\6475005 Easement Exhibit.dwg 6475.005EX. CPUBLIC ACCESS AND UTILITY EASEMENTTHE 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, MONTANABOZEMANMONTANANMMMGJW01/2022SURVEYOR'S CERTIFICATEI, Nicholas J. Dougherty-McMichael, Professional Land Surveyor,License No. 72686LS, do hereby certify that I conducted thiseasement survey.Dated this ______ day of ____________, 2022___________________________Nicholas J. Dougherty-McMichael, PLSMT Reg. # 72686LSMorrison-MaierleEXHIBIT CA PUBLIC ACCESSAND UTILITYEASEMENT IN,THROUGH ANDACROSS THEPROPERTY,SITUATED IN THEN 1/2 SW 1/4 SW 1/4SECTION 23,TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPALMERIDIAN, GALLATINCOUNTY, MONTANA.30' EXISTINGR.O.W.20' EXISTINGR.O.W.DOC. # 273132110' EXISTINGP.U.E.DOC. # 2731321PUBLIC ACCESS ANDUTILITY EASEMENT #1PUBLIC ACCESS ANDUTILITY EASEMENT #2TIE LINE ONLYPOINT OF BEGINNINGPUBLIC ACCESS ANDUTILITY EASEMENT #2POINT OF BEGINNING PUBLIC ACCESS AND UTILITY EASEMENT #1FOWLER LANE (60')20 FOOT PUBLIC STREET AND UTILITY EASEMENT DOCUMENT # 2731321PUBLIC ACCESS AND UTILITY EASEMENT #1Commencing from the Southeast Corner of Tract 1of Certificate of Survey No. 2074, being the Pointof Beginning 1; thence S00°01'33”W along theWestern boundary of Meadow Creek SubdivisionPhase 1 Plat J-453a distance of 30.00 feet; thenceS89°51'57”W a distance of 148.91 feet; thenceS00°08'03”E a distance of 635.56 feet to theNorthern boundary of Deed Film 146 Page 3341;thence S89°52'06”W along the Northern boundaryof said Deed a distance of 60.00 feet; thenceN00°08'03”W a distance of 635.56 feet; thenceS89°51'57”W a distance of 645.81 feet; thenceS00°08'03”E a distance of 635.53 feet to theNorthern boundary of said Deed; thenceS89°52'06”W along the Northern boundary of saidDeed a distance of 60.00 feet; thence N00°08'03”Wa distance of 635.53 feet; thence S89°51'57”W adistance of 366.78 feet to the Eastern boundary ofPublic Street and Utility Easement Doc. # 2731321;thence N00°06'25”W a distance of 30.00 feet to theSouthern boundary of Tract 1 of Certificate ofSurvey No. 2074; thence N89°51'57”E along theSouthern boundary of said tract a distance of1281.45 feet to the Point of Beginning 1.Said easement contains 2.63 acres, more or less.PUBLIC ACCESS AND UTILITY EASEMENT #2Commencing from the Southeast corner of the North 1/2 Southwest 1/4 Southwest 1/4 Section 23,Township 2 South, Range 5 East, Principal Meridian, thence N34°36'50”W a distance of 365.89feet to the Southeast corner of Public Access and Utility Easement #2, being the Point ofBeginning 2; thence S89°51'57”W a distance of 645.81 feet; thence N00°08'03”W a distance of30.00 feet; thence N89°51'57”E a distance of 645.81 feet; thence S00°08'03”E a distance of 30.00feet to the Point of Beginning 2.Said easement contains 0.44 acres, more or less.POINT OF COMMENCEMENT PUBLIC ACCESS AND UTILITY EASEMENT #2COS 2074