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HomeMy WebLinkAboutEasement - EX D - Pedestrian EasementTVTPLOT 2ACORRECT AMENDEDPLAT NO. 407CPROPOSED HOTEL103 UNITS103 PARKING STALLSHYDSSSSSSSSSS30.00' STORMWATEREASEMENT PER MINORSUB. 40710.0' PUES87°02'06"E 21.50'N2°57'21"E 9.46'N2°57'21"E 9.03'CHD S21°49'01"E CHD 73.22'CHD N21°49'01"W CHD 56.48'CHD S21°47'48"E CHD 18.84'CHD N21°47'48"W CHD 35.59'R=87.50'L=75.54'Δ=49°27'52"R=67.50'L=58.27'Δ=49°27'52"R=22.50'L=19.44'Δ=49°30'17"R=42.50'L=36.72'Δ=49°30'17"N2°57'21"E 241.20' S2°57'21"W 188.05' S2°57'21"W 33.01'S87°02'39"E 20.00'S80°11'40"E 82.23'N80°11'21"W 81.02'N87°02'47"W 208.75'S87°02'39"E 189.59'R=58.00'L=75.69'Δ=74°46'02"N85°50'42"W 20.00'CHD S47°11'06"W CHD 54.48'CHD N55°34'20"E CHD 70.43'S2°57'54"W 20.00'S87°02'18"E 44.32'S2°57'21"W 3.72'N87°02'06"W 44.31'R=39.05'L=60.29'Δ=88°27'30"Know what'sbelow.before you dig.CallR11x17 HORIZONTAL SCALE: 1" = 60'GRAPHIC SCALE0(IN FEET)153015301 INCH = 30 FT20' PEDESTRIAN ACCESSEASEMENTEXHIBIT DSHOWING A PEDESTRIAN EASEMENT ACROSS LOT 2A OF SACCOCCIA MINOR SUBDIVISION 407C,SITUATED IN THE NW1/4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN,CITY OF BOZEMAN, GALLATIN COUNTY, MONTANAPOINT OFBEGINNINGFIGURE NUMBER©PROJECT NO.DRAWN BY:DSGN. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE, INC.,2020N:\2605\028 - Home 2\ACAD\Exhibits\Easement\2605028 Ped Easement.dwg Plotted by kyle thompson on Jan/8/2020engineers surveyors planners scientistsMorrisonMaierle1 Engineering PlaceHelena, MT 59602406.442.3050www.m-m.net2605.028EX DHOME 2 HOTELBOZEMANMONTANAPEDESTRIAN EASEMENTCMS1/2020PROPERTY LINEEASEMENT AREA14,805.04 SF (0.34 AC)R.O.W. LINE 1 MUTUAL ACCESS EASEMENT AND AGREEMENT This Easement and Agreement is established this day of , 202 , by , of , and _________________________, of _________________________________________________. RECITALS: WHEREAS,____________________ is the record owner (“Owner”) of ____________ _____________________________________________________________________; and WHEREAS,____________________ is the record owner (“Owner”) of ____________ _____________________________________________________________________; and and WHEREAS, the Owners have determined that it is in their best interests to establish a mutual access easement for the development of the lots described above; NOW, THEREFORE, a mutual access easement for a common driveway and ingress and egress is hereby established. The legal description for said easement is as follows: LEGAL DESCRIPTION FOR A PUBLIC ACCESS EASEMENT ACROSS LOT 1A AND LOT 2A OF SACCOCCIA MINOR SUBDIVISION 407C, SITUATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. A tract of land being a portion of Lots 1A and 2A of Saccoccia Minor Subdivision, situated in the northwest one quarter of section 1, Township 2 South, Range 5 East, Principal Meridian, city of Bozeman, Gallatin county, Montana, and being further described as follows: Commencing at a point being the Southeast Corner of Lot 2A, Township 2 South, Range 5 East as described in Minor Subdivision 407C, filed at the Gallatin County Clerk and Recorder's Office; which bears S87°02'06"E a distance of 21.50 feet from the true Point of Beginning, thence N2°57'21"E a distance of 241.20 feet; thence along a radius curve to the left with a radius of 42.50 feet, a central angle of 49°30’17”, an arc length of 36.72 feet having a chord 2 bearing of N21°47’48”W and a chord distance of 35.59 feet to a reverse curve to the right having a radius of 67.50 feet, a central angle of 49°27’52”, an arc length of 58.27 feet .having a chord bearing of N21°49’01”W and a Chord distance of 56.48 feet, thence N2°57’21"E a distance of 9.03 feet; thence N85°50'42"W a distance of 20.00 feet; thence S2°57'21"W a distance of 9.46 feet, thence along a radius curve to the left with a radius of 87.50 feet, a central angle of 49°27’52”, an arc length of 75.54 feet having a chord bearing of S21°49’01”E and a chord distance of 73.22 feet to a reverse curve to the right having a radius of 22.50 feet, a central angle of 49°30’17”, an arc length of 19.44 feet .having a chord bearing of S21°47’48”E and a chord distance of 18.84 feet, thence S2°57'21”W a distance of 188.05 feet; thence N80°11'21"W a distance of 81.02 feet; thence N87°02'47”W a distance of 208.75 feet; thence S2°57’21”W a distance of 3.72 feet; thence along a tangent curve to the right having a radius of 39.05 feet, a central angle of 88°27’30”, an arc length of 60.29 feet, with a chord bearing of S47°11”06”W, and a chord distance of 54.48 feet, thence N87°02’06“W a distance of 44.31 feet; thence S2°57’54"W a distance of 20.00 feet; thence S87°02’18”E a distance of 44.32 feet, thence along a tangent curve to the left having a radius of 58.00 feet, a central angle of 74°46’02”, an arc length of 75.69 feet, with a chord bearing of N55°34”20”E, and a chord distance of 70.43 feet thence S87°02'39"E a distance of 189.59 feet, thence S80°11'40"E a distance of 82.23 feet; thence S2°57'21"W a distance of 33.01 feet; thence S87°02'39"E a distance of 20.00 feet; to the Point of Beginning. Said tract contains 0.34 acres, more or less, and is subject to all existing easements. The easement is more particularly described on the attached Exhibit D which by this reference are made a part hereof. THAT this common mutual access easement shall be a perpetual easement and shall be superior to and paramount to the rights of any of the subsequent owners of said properties and the respective servient estates so created. The Owners further state that this easement is a covenant that shall run with the land, and shall be for the benefit of and inure to the Owners, their successors and assigns, their agents, employees, tenants, and guests of tenants, and shall burden their respective parcels, perpetually. THAT the subsequent owners and their heirs and assigns shall be responsible for the maintenance and repair of their respective portions of the shared access, including the street approach and public sidewalk. THAT each subsequent owner and their heirs and assigns shall hold the other party harmless from any liability resulting from the use of the mutual access for ingress and egress to their respective properties. THAT the mutual access easement shall remain free and clear at all times from all encumbrances. The Owners have executed this mutual access easement and agreement on the day and year first written above. 3 ________________________________ ___________________________________ Owner Owner DATED this _______ day of _______________________, 202 . 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 executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) ___________________________________ Notary Public for the State of Montana __________________________________ (Printed Name) Residing at My Commission Expires _____/ /20 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 executed the same. 4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) ___________________________________ Notary Public for the State of Montana __________________________________ (Printed Name) Residing at My Commission Expires _____/ /20