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HomeMy WebLinkAbout6-2 Easements-EX-C PUBLIC UTILITY 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, 30 feet wide to be located on the following described real property: A public 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) C 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 L1L2L3L4L5L6C1L7L8L9 LINE TABLE LINE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 BEARING N01° 27' 31"E S89° 39' 08"W S89° 39' 08"W N00° 01' 03"W N44° 58' 57"E N00° 01' 03"W S00° 01' 03"E S44° 58' 57"W S00° 01' 03"E LENGTH (FT) 80.04 155.37 30.00 220.19 6.79 109.73 125.48 6.79 207.60 CURVE TABLE CURVE NO. C1 RADIUS (FT) 345.00 LENGTH (FT) 30.19 DELTA 5°00'52" PROJECT NO. SHEET NUMBER COPYRIGHT MORRISON-MAIERLE,2023 Plotted by kevin kittleson on Feb/13/2023 DRAWN BY: FLD WK. BY: CHK. BY: DATE: ©M:\10093 Voyager Residential Partners, LLC\001_27th & Tschache Multi Family\ACAD\Record\Easements.dwg2695 TSCHACHE LANE PUBLIC UTILITY EASEMENT EXHIBIT BOZEMAN MONTANA 10093.001 EX.C.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 C TURBULENCE LANE NORTH 25TH AVENUETSCHACHE LANE EXISTING PROPERTY LINE PROPOSED BUILDING (TYP.) TSCHACHE LANE RIGHT OF WAY POINT OF COMMENCEMENT TRUE POINT OF BEGINNING 10' WIDE EXISTING UTILITY EASEMENT 30.00' 30.00' 30' WIDE PUBLIC UTILITY EASEMENT 10' WIDE PROPOSED PRIVATE UTILITY EASEMENT PROJECT NO. SHEET NUMBER COPYRIGHT MORRISON-MAIERLE,2023 Plotted by kevin kittleson on Feb/13/2023 DRAWN BY: FLD WK. BY: CHK. BY: DATE: ©M:\10093 Voyager Residential Partners, LLC\001_27th & Tschache Multi Family\ACAD\Record\Easements.dwg2695 TSCHACHE LANE PUBLIC UTILITY EASEMENT EXHIBIT BOZEMAN MONTANA 10093.001 EX.C.2 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net EXHIBIT C EASEMENT DESCRIPTION A PUBLIC UTILITY 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 SAID TRACT 1; THENCE N01°27'31”E ALONG THE EASTERLY LINE OF SAID TRACT A DISTANCE OF 80.04 FEET TO AN ANGLE POINT; THENCE S89°39'08”W, A DISTANCE OF 155.37 FEET TO A POINT SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE S89°39'08”W, A DISTANCE OF 30.00 FEET TO AN ANGLE POINT; THENCE N00°01'03”W, A DISTANCE OF 220.19 FEET TO AN ANGLE POINT; THENCE N44°58'57”E, A DISTANCE OF 6.79 FEET TO AN ANGLE POINT; THENCE N00°01'03”E, A DISTANCE OF 109.73 FEET TO A CURVE CONCAVE TO THE NORTH ON THE PROPOSED RIGHT OF WAY OF TURBULANCE LANE, SAID CURVE HAVING A RADIAL BEARING OF N03°50'34"W; THENCE ALONG SAID RIGHT OF WAY ON SAID CURVE WITH A RADIUS OF 345.00 FEET, AN ARC LENGTH OF 30.19 FEET, AND AN INTERIOR ANGLE OF 05°00'52” TO AN ANGLE POINT; THENCE S00°01'03”E, A DISTANCE OF 125.48 FEET TO AN ANGLE POINT; THENCE S44°58'57"W, A DISTANCE OF 6.79 FEET TO AN ANGLE POINT; THENCE S00°01'03"E, A DISTANCE OF 207.60 FEET TO THE TRUE POINT OF THE BEGINNING. AREA CONTAINING 10,142 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 FEBRUARY, 2023 DATED THIS DAY OF , 2023. 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.