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HomeMy WebLinkAbout6-7 Easements-EX-H PUBLIC ACCESS AND 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, 60 feet wide to be located on the following described real property: A public access and 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) H 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 LINE TABLE LINE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 BEARING N89° 39' 17"E N01° 27' 25"E N01° 27' 25"E N28° 58' 13"E N01° 28' 33"E N88° 31' 27"W N76° 55' 21"W N89° 53' 47"W N01° 27' 25"E S89° 53' 47"E S76° 55' 21"E S88° 31' 27"E N01° 28' 33"E N04° 34' 59"W N01° 28' 33"E S89° 45' 16"E S01° 28' 33"W S04° 34' 59"E S01° 28' 33"W S88° 31' 27"E LENGTH (FT) 294.15 30.00 71.26 73.10 114.39 139.46 25.36 18.72 60.02 17.30 25.36 139.46 233.47 44.19 9.02 60.01 10.31 44.19 233.47 17.99 LINE TABLE LINE NO. L21 L22 L23 L24 L25 L26 L27 L28 BEARING N80° 14' 02"E S01° 27' 53"W S80° 14' 02"W N88° 31' 27"W S01° 28' 33"W S28° 58' 13"W S01° 27' 25"W S89° 39' 19"W LENGTH (FT) 159.21 60.91 156.87 17.99 114.39 73.10 69.37 60.03 CURVE TABLE CURVE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 RADIUS (FT) 180.00 120.00 524.00 126.00 186.00 464.00 285.00 345.00 285.00 345.00 285.00 180.00 345.00 180.00 120.00 LENGTH (FT) 86.44 57.58 106.10 28.53 42.12 93.96 30.14 36.48 30.14 36.48 55.92 9.53 67.69 86.38 57.62 DELTA 27°30'48" 27°29'40" 11°36'06" 12°58'26" 12°58'26" 11°36'06" 6°03'31" 6°03'31" 6°03'31" 6°03'31" 11°14'31" 3°01'55" 11°14'31" 27°29'40" 27°30'48" L1 L2L4L5L6 L7L8L9L10 L11 L12 L13L14 L15 L16 L17 L18 L19L20 L21 L22L23L24 L25L26L27L28C1 C2C3 C4 C5 C6 C7C8C9C10C11 C12 C13 C14C15L3PROJECT 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 ACCESS AND UTILITY EASEMENT EXHIBIT BOZEMAN MONTANA 10093.001 EX.H.1 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net EXHIBIT H 10' WIDE EXISTING UTILITY EASEMENTS (TYP.) 100 2000 SCALE IN FEETNORTH 27TH AVENUE60' WIDE PROPOSED PUBLIC STREET EASEMENT POINT OF COMMENCEMENT EXISTING PROPERTY LINE TRADE WIND LANE TURBULENCE LANE TSCHACHE LANE BAXTER LANE NORTH 25TH AVENUEMINOR SUBDIVISION NO. 404OPE N S P A C E TRUE POINT OF BEGINNING S04° 34' 58'E N04° 34' 58'W 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 ACCESS AND UTILITY EASEMENT EXHIBIT BOZEMAN MONTANA 10093.001 EX.H.2 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net EXHIBIT H EASEMENT DESCRIPTION A PUBLIC ACCESS AND 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 SOUTHWEST CORNER OF TRACT 1 OF CERTIFICATE SURVEY 1256; THENCE N89°39'17”E ALONG THE SOUTHERLY LINE OF SAID TRACT 1, A DISTANCE OF 294.15 FEET; THENCE N01°27'25”E A DISTANCE OF 30.00 FEET TO A POINT OF THE PROPOSED ROAD EASEMENT OF TSCHACHE LANE SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE N01°27'25”E A DISTANCE OF 71.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 180.00 FEET, AN ARC LENGTH OF 86.44 FEET, AND AN INTERIOR ANGLE OF 027°30'48” TO A POINT ON A TANGENT LINE; THENCE N28°58'13”E A DISTANCE OF 73.10 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 120.00 FEET, AN ARC LENGTH OF 57.58 FEET, AND AN INTERIOR ANGLE OF 027°29'40” TO A POINT ON A TANGENT LINE; THENCE N01°28'33”E A DISTANCE OF 114.39 FEET TO AN ANGLE POINT; THENCE N88°31'27”W A DISTANCE OF 139.46 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTH; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 524.00 FEET, AN ARC LENGTH OF 106.10 FEET, AND AN INTERIOR ANGLE OF 11°36'06” TO A POINT ON A TANGENT LINE; THENCE N76°55'21”W A DISTANCE OF 25.36 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTH; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 126.00 FEET, AN ARC LENGTH OF 28.53 FEET, AND AN INTERIOR ANGLE OF 12°58'26” TO A POINT ON A TANGENT LINE; THENCE N89°53'47”W A DISTANCE OF 18.72 FEET TO A POINT ON THE PROPOSED RIGHT OF WAY OF NORTH 27TH AVENUE; THENCE N01°27'25”E ALONG SAID RIGHT OF WAY A DISTANCE OF 60.02 FEET TO AN ANGLE POINT; THENCE S89°53'47”E A DISTANCE OF 17.30 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 186.00 FEET, AN ARC LENGTH OF 42.12 FEET, AND AN INTERIOR ANGLE OF 12°58'26” TO A POINT ON A TANGENT LINE; THENCE S76°55'21”E A DISTANCE OF 25.36 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTH; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 464.00, AN ARC LENGTH OF 93.96, AND AN INTERIOR ANGLE OF 11°36'06” TO A POINT ON A TANGENT LINE; THENCE S88°31'27”E A DISTANCE OF 139.46 FEET TO AN ANGLE POINT; THENCE N01°28'33”E A DISTANCE OF 233.47 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 285.00 FEET, AN ARC LENGTH OF 30.14 FEET, AND AN INTERIOR ANGLE OF 06°03'31” TO A POINT ON A TANGENT LINE; THENCE N04°34'58”W A DISTANCE OF 44.19 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 345.00 FEET, AN ARC LENGTH OF 36.48 FEET, AND AN INTERIOR ANGLE OF 06°03'31” TO A POINT ON A TANGENT LINE; THENCE N01°28'33”E A DISTANCE OF 9.02 FEET TO A POINT ON THE SOUTHERLY LINE OF MINOR SUBDIVISION NUMBER 404; THENCE S89°45'16”E ALONG THE SOUTHERLY LINE OF SAID SUBDIVISION A DISTANCE OF 60.01 FEET TO A POINT; THENCE LEAVING THE SOUTHERLY LINE OF MINOR SUBDIVISION NUMBER 404, S01°28'33”W A DISTANCE OF 10.31 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 285.00 FEET, AN ARC LENGTH OF 30.14 FEET, AND AN INTERIOR ANGLE 06°03'31” TO A POINT ON A TANGENT LINE; THENCE S04°34'58”E A DISTANCE OF 44.19 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 345.00 FEET, AN ARC LENGTH OF 36.48 FEET, AND AN INTERIOR ANGLE OF 06°03'31” TO A POINT ON A TANGENT LINE; THENCE S01°28'33”W A DISTANCE OF 233.47 FEET TO AN ANGLE POINT; THENCE S88°31'27”E A DISTANCE OF 17.99 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTH; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 285.00 FEET, AN ARC LENGTH OF 55.92 FEET, AND AN INTERIOR ANGLE OF 11°14'31” TO A POINT ON A TANGENT LINE; THENCE N80°14'02”E A DISTANCE OF 159.21 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH; THENCE ALONG SAID CURVE WITH A RADIUS OF 180.00 FEET, AN ARC LENGTH OF 9.53 FEET, AND AN INTERIOR ANGLE OF 03°01'55” TO A POINT ON THE EASTERLY LINE OF TRACT 1 HAVING A RADIAL BEARING OF S06°45'06"E; THENCE S01°27'53”W ALONG THE EASTERLY LINE OF TRACT 1 A DISTANCE OF 60.91 FEET TO A POINT; THENCE S80°14'02”W A DISTANCE OF 156.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTH; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 345.00 FEET, AN ARC LENGTH OF 67.69 FEET, AND AN INTERIOR ANGLE OF 11°14'31” TO A POINT ON A TANGENT LINE; THENCE N88°31'27”W A DISTANCE OF 17.99 FEET TO AN ANGLE POINT; THENCE S01°28'33”W A DISTANCE OF 114.39 FEET TO THE BEGINNING OF TANGENT CURVE, CONCAVE TO THE WEST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 180.00 FEET, AN ARC LENGTH OF 86.38 FEET, AND AN INTERIOR ANGLE OF 27°29'40” TO A POINT ON A TANGENT LINE; THENCE S28°58'13”W A DISTANCE OF 73.10 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 120.00 FEET, AN ARC LENGTH OF 57.62 FEET, AND AN INTERIOR ANGLE OF 27°30'48” TO A POINT ON A TANGENT LINE; THENCE S01°27'25”W A DISTANCE OF 69.37 FEET TO A POINT ON THE RIGHT OF WAY OF TSCHACHE LANE; THENCE S89°39'19”W ALONG SAID RIGHT OF WAY A DISTANCE OF 60.03 FEET TO THE TRUE POINT OF BEGINNING. AREA CONTAINING 82,593 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 AUGUST, 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.