HomeMy WebLinkAbout22- Public Access Easement - Virga Venture II, LLC - Silo AnnexationReturn to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman,MT 59771-1230
2791403
˪ήs e3 -cAÍÍÎU2°2 uѹtà!'
"""®®°°
||||||||||||I1Illl!llllllllllllllllllllllllllllllllllllll4llllllllllllllllllllllll
PUBLIC ACCESS EASEMENT
Virga Venture II LLC.,GRANTOR(S),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 public access easement for
a multi-use path for the use of the public in,through and across a 25'feet wide strip of land
situated in Gallatin County,Montana,which is located on the following described property:____
Three parcels of land as described in Warranty Deed document number 2736653
Parcel 1 and Parcel 2 and the parcel described in Warrant Deed document number 2736654;
situated in the NE 1/4 of Section 27,Township 1 South,Range 5 East,Principal Meridian,
Gallatin County,Montana.
The easement is more particularly described on the attached Exhibit A which by this
reference are made a part hereof.
The GRANTOR(S)agrees:
(1)To construct and maintain the multi-use path 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 multi-use path 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 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 2L
°h
CORPORATE
STATE OF MONTANA )
)ss.
County of Gallatin )
On this 23 day of ,20 22 ,before me the undersigned,a
Notary Public for the State of Mohtana,personally appeared,Mad lctk i'gg ,known to
me to be the MW w of \)h |bM ¶LLC and the
person whose name is subscribed to the within instrumedt and acknowledged to me that he
executed the within instrument for and on behalf of eptfure 3T LL C
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
SUSAN L,DES JARDINS
c kkW L Du jdun gQ,
"°
Notary Public for the State o ontana
*.SEAL :*
Boze an Montana
My Commission Expires
August 01,2025
(Printed Nam
Residing in cL MI
My Commission xpires O h /0 t /20 25
ACCEPTED:
CI 'OF
...By
C lager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this )\0 day of N O V tm b e r ,2022,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 on
the day and year first above written.
(SEAL)
Nota ublic for the State of Montana
or hdX[
for the S te of Montana
(Print Name)
*SEAL Bozeman,Montana
Residing at Bozeman,Montana anu ry 2 2
My Commission Expires:Ol /12./2025
SO'36'05"w
NORTH
92.06
0
27
¯¹ª³
,
___
___
___
EXHIBITA
------.
e19'20'os
saswwnowr
orw
v
SURVEYOR'S
CERTIFICATE
----
-
CB=S78'5
01"E
P
ED
N0*36'05"E
.
..
.
.
CH=616.25
nua
m.
PAGE
640
JJon
C.
Wilkinson,
ProfessIonal
Land
Surveyor,
License
No.
16411LS,
through
and
across
a
strip
of
land
25
feet
wide
located
in
the
NE
Section
2
2
03
do
hereby
certify
that
Iconducted
this
easement
survey.
27
Township
1South,
Range
S
East,
Principal
Meridian,
GaDatin
County,
R-1849.86'
Dated
this
day
of
_,
2022
Montana,
and
being
more
particuiarly
described
as
foflows.
CB
2
02
B=S61
3608"E
..
.-:.,,
Commencing
at
the
N¾
of
Section
27,
Township
1South,
Range
5
East;
CH
6
CH=374.77
Jon
C.
V
kinson,
PL
O
N
T.4
thence
S.0°36'05"W.
adistance
of
92.06
feet
to
the
Point
of
Beginning
Taeg.
#164uts
.
.
being
the
south
right
of
way
of
Valley
Center
Road,
thence
along
acurve
N8T50'3rW
59.39
MordsonMaserle
JON
C
to
the
right
having
aradius
of
1834.86
feet,
a
central
angle
of
19'20'05",
Wilp30
along
said
curve
for
an
arc
length
of
619.18
feet,
thence
S.82°50'39"E.
a
-
17"E
No.
distance
of
59.79
feet,
thence
along
a
curve
to
the
right
having
a
radius
of
A=1r30
4
1849.86
feet,
acentral
angle
of
11°37'40",
along
said
curve
for
an
arc
CB=N6PS3'16"W
N
length
of
375.42
feet,
thence
S.54°16'17"E.
adistance
of
147.56
feet
CH=366.02
thence
S.53°32'27"E.
a
distance
of
302.20
feet,
thence
S.39°33'03"E.
a
EASEMENT
AREA
PER
STPS
N54'1617
235
1(4)
5PLANS
147.07
thence
S.33°5f43"E.
a
distance
of
120.68
feet
to
the
westerly
line
of
\
S39'33'o3"E
thence
along
said
right
of
way
along
acurve
to
the
right
having
aradius
62.05'
of
523.09
feet,
acentral
angle
of8°04
27",
along
said
curve
for
an
arc
N53°32
2
length
of
73.71
feet,
thence
N.33°51'43"W.
a
distance
of
185.61
feet,
thence
N.53°32'27"W.
adistance
of
1348.87
feet,
thence
N.39°33'03"W.
a
N39'3303'W_/
distance
of
62.05
feet,
thence
N.53°32'27"W.
a
distance
of
298.97
feet,
PROP
S
0P
IC
ESS
62.05
thence
N.54°16'17"W.
adistance
of
147.07
feet,
thence
along
acurve
to
the
left
having
a
radius
of
1824.86
feet,
acentral
angle
of
11"30'41",
along
said
curve
for
an
arc
length
of
366.64
feet,
thence
N.82°60'39"W.
a
distance
of
59.39
feet,
thence
along
a
curve
to
the
left
having
a
radius
of
1809.86
feet,
acentral
angle
of
19°25'02S
along
said
curve
for
an
arc
length
of
613.35
feet
to
the
mid-section
line
of
Section
27,
thence
along
WARRANTY
DEED
said
mid-section
line
N.0°36'05"E.
adistance
of
25.00
feet
to
the
Point
of
DOCUMENTNo.2736653
7
Beginning.
PARCEL
2
WARRANTY
DEED
DOCUMENTNo,
2736653
co
PARCEL
1
EASEMENT
AREA
PER
STPS
235
|
1(4)5PLANS
O
O
BARGAIN
AND
SALE
DEED
-
-
FILM
143.
PAGE
643
PROPoSED
PUBLIC
ACCESS
S33
51'43''E
EASEMENT
(25.D'
WIDE)
120M
R=523.09'L=73.71'
WARRANTY
DEED
ao
2°
54''E
DOCUMENT
No.2736654
33.s
·43-w
CH=73.65'
185.61'
SALE
DEED
BOOK
145.
PAGE
293
0
100
200
Morrison
,
----
--
-
ExuerrA
--
SCALE
IN
FEET
BOZEMAN
MoNTANA
Maierle
.ng.,
.,
n,.m.×,.n
PUBLICACCESSEASEMENTFORMULTl4)SEPATH
M
A
Plai
d
ahe.aktEremonA6
1/2022
S0-36'05'w
NORTH
2
.
92.06'
O
27
R=619
___
_
-
-
----
--
EXHIBIT
A
--
^=1S°2°°5"
AY
RIGHT
OF
WAY
PER
SURVEYOR'S
CERTIFICATE
CB=S78°53'01"E
ST
SED
N0°36'05"E
.
.
.
CH=616.25'
FILM
143
PAGE
640
)Jon
C.
Wilkinson,
Professional
Land
Surveyor,
License
No.
16411Ls,
through,
and
across
a
strip
of
land
25
feet
wide,
located
in
the
NE
Section
2
2
5°
do
hereby
certify
that
Iconducted
this
easement
survey.
27,
Township
1
South,
Range
5
East,
Principal
Meridian,
Gallatin
County,
R=1849.86'
Dated
this
day
of
2022
Montana,
and
being
more
particularly
described
as
follows:
6
ann..
L=375.42'
L=613.35'
%m
A=11°37'40"
C
9°25
02*
CB=S61°36
08"E
...-..
Commencing
at
the
N
¼of
Section
27,
Township
1
South,
Range
5
East;
9
5
CH=374.77'
Jon
C.
kinson,
P
O
N
T4
thence
S.0°36'05"W.
a
distance
of
92.06
feet
to
the
Point
of
Beginning
MT
Reg.#
16411LS
-,
being
the
south
right
of
way
of
Valley
Center
Road,
thence
along
a
curve
N82°50'39"W
59.39
Morrison-Maierle
:-.
JON
C
'
-
to
the
right
having
a
radius
of
1834.86
feet,
a
central
angle
of
19°20'05",
-o
W
LK
MON
ij
along
said
curve
for
an
arc
length
of
619,18
feet,
thence
S.82°50'39"E.
a
47
56
0.
164
11LS
distance
of
59.79
feet,
thence
along
a
curve
to
the
right
having
a
radius
of
A=11°30'41
1849.86
feet,
a
central
angle
of
11°37'40",
along
said
curve
for
an
arc
cB=N61°33'16"W
NS
length
of
375.42
feet,
thence
S.54°16'17"E.
a
distance
of
147.56
feet
CH=366.02
S53°32'27"E
thence
S.53°32'27"E.
a
distance
of
302.20
feet,
thence
S.39°33'03"E.
a
EASEMENT
AREA
PER
STPS
N54°16'17"W
235
1(4)
5PLANS
147.07,
mence
S.33°51'43"E.
a
distance
of
120.68
feet
to
the
westerly
line
of
%
BARGAIN
AND
SALE
DEED
highway
right
of
way
per
Bargain
and
Sale
Deed
Book
145,
Page
293,
FILM
143.
PAGE
640
62.05'
of
523.09
feet,
a
central
angle
of
8°04'27",
along
said
curve
for
an
arc
N53°32
length
of
73.71
feet,
thence
N.33°51'43"W.
a
distance
of
185.61
feet
thence
N.53°32'27"W.
a
distance
of
1348.87
feet,
thence
N.39°33'03"W.
a
N39°33'03"W
distance
of
62.05
feet,
thence
N.53°32'27"W.
a
distance
of
298.97
feet,
PROP
SED
UBLIC
ESS
62.05
thence
N.54°16'17"W.
a
distance
of
147.07
feet,
thence
along
a
curve
to
the
left
having
a
radius
of
1824.86
feet,
a
central
angle
of
11°30'41",
along
said
curve
for
an
arc
length
of
366.64
feet,
thence
N.82°50'39"W.
a
49
distance
of
59.39
feet,
thence
along
a
curve
to
the
left
having
a
radius
of
1809.86
feet,
a
central
angle
of
19°25'02",
along
said
curve
for
an
arc
length
of
613.35
feet
to
the
mid-section
line
of
Section
27,
thence
along
WARRANTY
DEED
said
mid-section
line
N.0°36'05"E.
a
distance
of
25.00
feet
to
the
Point
of
DOCUMENT
No.
2736653
7-
6
Beginning.
PARCEL2
O
HIGHWAY
RIGHT
OF
WAY
PER
WARRANTY
DEED
I
gQggggSED
DOCUMENT
No.
2736653
FILM
143.
PAGE
643
PARCEL
]
EASEMENT
AREA
PER
STPS
235
Z
Z
1(4)
5
PLANS
o
o
BARGAIN
AND
SALE
DEED
p
p
O
FILM
143,
PAGE
643
o
o
PROPOSED
PUBLIC
ACCESS
S33
51'43"E
EASEMENT
(25.0'
WIDE)
120
8'
R=523.09'L=73.71'
WARRANTY
DEED
Ê°B=S14
00'54"E
DOCUMENT
No.
2736654
33.33,43«W
CH=73.65'
185.61'
9
3
P
BA
AIN
AND
SALE
DEED
BOOK
145.
PAGE
293
0
100
200
Morrison
,
--·----
°--
°-
ExH,e
--
SCALE
IN
FEET
BOZEMAN
MONTANA
iviaær
e
.
---
neus
survey
eanners
·Wn"5
PUBLIC
ACCESS
EASEMENT
FOR
MULTI-USE
PATH
M
A
Piotied
by
matt
e.ekWrem
oriAug/18/2022