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HomeMy WebLinkAbout6-10 Easements-EX.K PUBLIC ACCESS EASEMENT ______________________, GRANTOR, in consideration of $ 1.00 and for other and valuable considerations, receipt of which is 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, its successors 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 strip of land situated in Gallatin County, Montana, 25 feet wide to be located on the following described real property: A private utility easement located in Tract 1 of Certificate of Survey 1256 all lying in Lot 2, Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit(s) K which by this reference is made a part hereof. 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 peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 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 . By: Grantor 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/she 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 (Printed Name) Residing at My Commission Expires / /200 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, 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 USE THIS BLOCK IF IT'S FOR A COMPANY, NOT AN INDIVIDUAL. CORPORATE: 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 C1C2 C3C4C 5 C6 C7C8C9C1 0 L3C1 2C13C14C15C1 6 C 1 7C18C19 C20 C21 L4C 1 1 L2 L1LINE TABLE LINE NO. L1 L2 L3 BEARING N01° 27' 32"E N58° 14' 52"W S80° 14' 02"W LENGTH (FT) 687.40 5.43 32.39 CURVE TABLE CURVE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 RADIUS (FT) 40.50 147.43 41.00 34.13 11.24 249.31 28.52 101.50 16.83 90.85 13.46 115.85 41.83 126.50 3.52 274.31 36.24 59.13 66.00 172.43 LENGTH (FT) 29.08 18.59 47.20 28.47 3.47 17.30 38.94 35.14 8.76 37.78 3.19 28.36 21.77 43.79 4.81 19.03 11.18 49.03 75.41 21.49 DELTA 41°08'14" 7°13'22" 65°57'19" 47°47'32" 17°40'43" 3°58'32" 78°14'05" 19°50'04" 29°49'11" 23°49'23" 13°35'09" 14°01'36" 29°49'11" 19°50'04" 78°14'05" 3°58'32" 17°40'43" 47°30'14" 65°27'22" 7°08'29" CHORD BEARING N78°48'59"W S77°00'13"W S41°38'13"W S13°53'50"E S46°37'58"E S57°27'36"E S20°19'49"E S08°52'12"W S15°57'26"E S42°46'42"E S47°53'49"E N37°52'49"W N15°57'26"W N08°52'12"E N20°19'49"W N57°27'36"W N46°37'58"W N14°02'29"W N41°38'11"E N77°02'39"E CHORD DISTANCE 28.46 18.57 44.64 27.65 3.46 17.29 35.99 34.96 8.66 37.50 3.18 28.29 21.53 43.57 4.44 19.03 11.14 47.64 71.37 21.48 PROJECT NO. SHEET NUMBER COPYRIGHT MORRISON-MAIERLE,2023 Plotted by wyatt e. hatch on Feb/14/2023 DRAWN BY: FLD WK. BY: CHK. BY: DATE: ©M:\10093 Voyager Residential Partners, LLC\001_27th & Tschache Multi Family\ACAD\Record\Trail Easements.dwg2695 TSCHACHE LANE PUBLIC ACCESS EASEMENT EXHIBIT BOZEMAN MONTANA 10093.001 EX.K.1 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net 30 600 SCALE IN FEET EXHIBIT K TURBULENC E L A N E EXISTING PROPERTY LINE POINT OF COMMENCEMENT TRUE POINT OF BEGINNING BREAK IN L1. SHOWN FOR CLARITY 10' WIDE PRIVATE UTILITY EASEMENT EXISTING PROPERTY LINEL1 10' WIDE PRIVATE UTILITY EASEMENT 25' WIDE PUBLIC ACCESS EASEMENT 30' WIDE PUBLIC UTILITY EASEMENT TSCHACHE LANE PROJECT NO. SHEET NUMBER COPYRIGHT MORRISON-MAIERLE,2023 Plotted by wyatt e. hatch on Feb/14/2023 DRAWN BY: FLD WK. BY: CHK. BY: DATE: ©M:\10093 Voyager Residential Partners, LLC\001_27th & Tschache Multi Family\ACAD\Record\Trail Easements.dwg2695 TSCHACHE LANE PUBLIC ACCESS EASEMENT EXHIBIT BOZEMAN MONTANA 10093.001 EX.K.2 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net EXHIBIT K EASEMENT DESCRIPTION A PUBLIC ACCESS EASEMENT LOCATED IN TRACT 1 OF CERTIFICATE SURVEY NUMBER 1256 ALL LYING IN LOT 2, SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, SAID AREA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT 1; THENCE N01°27'32”E ALONG THE EASTERLY LINE OF SAID TRACT 1 A DISTANCE OF 687.40 FEET TO AN ANGLE POINT, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE N58°14'52”W A DISTANCE OF 5.43 FEET TO A CURVE CONCAVE TO THE SOUTH, SAID CURVE HAVING A CHORD BEARING OF N78°48'59”W AND A CHORD DISTANCE OF 28.46 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 40.50 FEET, AN ARC LENGTH OF 29.08 FEET, AND AN INTERIOR ANGLE OF 41°08'14” TO A COMPOUND CURVE CONCAVE TO THE SOUTH, SAID CURVE HAVING A CHORD BEARING OF S77°00'13”W AND A CHORD DISTANCE OF 18.57 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 147.43 FEET, AN ARC LENGTH OF 18.59 FEET AND AN INTERIOR ANGLE OF 07°13'22” TO A COMPOUND CURVE CONCAVE TO THE SOUTH, SAID CURVE HAVING A CHORD BEARING OF S41°38'13”W AND A CHORD DISTANCE OF 44.64 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 41.00 FEET, AN ARC LENGTH OF 47.20 FEET, AND AN INTERIOR ANGLE OF 65°57'19” TO A COMPOUND CURVE CONCAVE TO THE EAST, SAID CURVE HAVING A CHORD BEARING OF S13°53'50”E AND A CHORD DISTANCE OF 27.65 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 34.13 FEET, AN ARC LENGTH OF 28.47 FEET, AND AN INTERIOR ANGLE OF 47°47'32” TO A COMPOUND CURVE CONCAVE TO THE NORTH, SAID CURVE HAVING A CHORD BEARING OF S46°37'58”E AND A CHORD DISTANCE OF 3.46 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 11.24 FEET, AN ARC LENGTH OF 3.47 FEET, AND AN INTERIOR ANGLE OF 17°40'43” TO A COMPOUND CURVE CONCAVE TO THE NORTH, SAID CURVE HAVING A CHORD BEARING OF S57°27'36”E AND A CHORD DISTANCE OF 17.29 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 249.31 FEET, AN ARC LENGTH OF 17.30 FEET, AND AN INTERIOR ANGLE OF 03°58'32” TO A REVERSE CURVE CONCAVE TO THE WEST, SAID CURVE HAVING A CHORD BEARING OF S20°19'49”E AND A CHORD DISTANCE OF 35.99 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 28.52 FEET, AN ARC LENGTH OF 38.94 FEET, AND AN INTERIOR ANGLE OF 78°14'05” TO A REVERSE CURVE CONCAVE TO EAST, SAID CURVE HAVING A CHORD BEARING OF S08°52'12”W AND A CHORD DISTANCE OF 34.96 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 101.50 FEET, AN ARC LENGTH OF 35.14 FEET, AND AN INTERIOR ANGLE OF 19°50'04” TO A COMPOUND CURVE CONCAVE TO THE EAST, SAID CURVE HAVING A CHORD BEARING OF S15°57'26”E AND A CHORD DISTANCE OF 8.66 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 16.83 FEET, AN ARC LENGTH OF 8.76, AND AN INTERIOR ANGLE OF 29°49'11” TO A COMPOUND CURVE CONCAVE TO THE EAST, SAID CURVE HAVING A CHORD BEARING OF S42°46'42”E AND A CHORD DISTANCE OF 37.50 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 90.85 FEET, AND ARC LENGTH OF 37.78 FEET, AND AN INTERIOR ANGLE OF 23°49'23” TO A COMPOUND CURVE CONCAVE TO THE EAST, SAID CURVE HAVING A CHORD BEARING OF S47°53'49”E AND A CHORD DISTANCE OF 3.18 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 13.46 FEET, AN ARC LENGTH OF 3.19 FEET, AND AN INTERIOR ANGLE OF 13°35'09” TO AN ANGLE POINT; THENCE S80°14'02”W A DISTANCE OF 32.39 FEET TO A CURVE CONCAVE TO THE EAST, SAID CURVE HAVING A CHORD BEARING OF N37°52'49”W AND A CHORD DISTANCE OF 28.29 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 115.85 FEET, AN ARC LENGTH OF 28.36 FEET, AND AN INTERIOR ANGLE OF 14°01'36” TO A COMPOUND CURVE CONCAVE TO THE EAST, SAID CURVE HAVING A CHORD BEARING OF N15°57'26”W AND A CHORD DISTANCE OF 21.53 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 41.83 FEET, AND ARC LENGTH OF 21.77 FEET, AND AN INTERIOR ANGLE OF 29°49'11” TO A COMPUND CURVE CONCAVE TO THE EAST, SAID CURVE HAVING A CHORD BEARING OF N08°52'12”E AND A CHORD DISTANCE OF 43.57 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 126.50 FEET, AN ARC LENGTH OF 43.79 FEET, AND AN INTERIOR ANGLE OF 19°50'04” TO A REVERSE CURVE CONCAVE TO THE WEST, SAID CURVE HAVING A CHORD BEARING OF N20°19'49”W AND A CHORD DISTANCE OF 4.44 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 3.52 FEET, AN ARC LENGTH OF 4.81 FEET, AND AN INTERIOR ANGLE OF 78°14'05” TO A REVERSE CURVE CONCAVE TO THE NORTH, SAID CURVE HAVING A CHORD BEARING OF N57°27'36”W AND A CHORD DISTANCE OF 19.03 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 274.31 FEET, AN ARC LENGTH OF 19.03 FEET, AND AN INTERIOR ANGLE OF 03°58'33” TO A COMPOUND CURVE CONCAVE TO THE NORTH, SAID CURVE HAVING A CHORD BEARING OF N46°37'58”W AND A CHORD DISTANCE OF 11.14 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 36.24 FEET, AN ARC LENGTH OF 11.18 FEET, AND AN INTERIOR ANGLE OF 17°40'43” TO A COMPOUND CURVE CONCAVE TO THE EAST, SAID CURVE HAVING A CHORD BEARING OF N14°02'29”W AND A CHORD DISTANCE OF 47.64 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 59.13 FEET, AN ARC LENGTH OF 49.03 FEET, AND AN INTERIOR ANGLE OF 47°30'14” TO A COMPOUND CURVE CONCAVE TO THE SOUTH, SAID CURVE HAVING A CHORD BEARING OF N41°38'11”E AND A CHORD DISTANCE OF 71.37 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 66.00 FEET, AN ARC LENGTH OF 75.41 FEET, AND AN INTERIOR ANGLE OF 65°27'22” TO A COMPOUND CURVE CONCAVE TO THE SOUTH, SAID CURVE HAVING A CHORD BEARING OF N77°02'39”E AND A CHORD DISTANCE OF 21.48 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 172.43 FEET, AN ARC LENGTH OF 21.49 FEET, AND AN INTERIOR ANGLE OF 07°08'29” TO A COMPOUND CURVE CONCAVE TO THE SOUTH, SAID CURVE HAVING A CHORD BEARING OF S82°41'07”E AND A CHORD DISTANCE OF 37.64 FEET; THENCE ALONG SAID CURVE WITH A RADIUS OF 65.50 FEET, AN ARC LENGTH OF 38.18 FEET, AND AN INTERIOR ANGLE OF 33°23'58” TO AN ANGLE POINT OF THE EASTERLY LINE OF TRACT 1; THENCE S01°28'13”W ALONG SAID LINE OF TRACT 1 A DISTANCE OF 28.26 FEET TO A POINT, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING. AREA CONTAINING 7,324 SQUARE FEET MORE OR LESS. CERTIFICATE OF SURVEYOR I, KEITH BELDEN, PROFESSIONAL ENGINEER AND LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED UNDER MY SUPERVISION DURING THE MONTH OF JULY, 2022 DATED THIS DAY OF , 2022. BY: KEITH S. BELDEN PE, LS MONTANA REGISTRATION NO. 10692ES BASIS OF BEARING BOBCAT COORDINATE SYSTEM, NAD83(2011) PER THE "ROCKY MOUNTAIN TRIBAL COORDINATE REFERENCE SYSTEM" HANDBOOK USER AND GUIDE, PUBLISHED SEPTEMBER 30TH 2014 AND SUBSEQUENT REVISIONS, ESTABLISHED BY OBSERVATIONS MADE WITH SURVEY-GRADE GNSS RECEIVERS.