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HomeMy WebLinkAbout22 - Easement Type Unknown - Christ the King Lutheran Church of Bozeman, Montana - Minor Subdivision No. 253, Lot 1 After Recording, return to: City of Bozeman City Cleric's Office 2781104 PO Box 1230 Page: 1 of 4 07/10/2022 11:19:52 AM Fee: $32.00 Bozeman,MT 59771 Eric Semerad — Gallatin County. MT MIsG 11111111111111III1111111111111111111111111111111111111111111111111111111111 PUBLIC ACCESS EASEMENT Christ the King Lutheran Church of Bozeman,Montana, GRANTOR, for good and valuable considerations,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 trail easement twenty-five feet(25')wide ("Easement") expressly for a ten foot (10') wide trail and shared-use path for the use by the public in, through, and across the following described property: Lot 1, Minor Subdivision No. 253, located in the SE 1/4 SW 1/4 of Section 3, Township 2 South, Range 5 East, P.M.M., Gallatin County, City of Bozeman, Montana ("Property"). The Easement is more particularly shown., described, depicted, and dimensioned on the attached Exhibit A which by this reference is made a part hereof. The location and dimensions of the Easement shall not be increased nor relocated without the express written consent of GRANTOR or GRANTOR's successors or assigns. The GRANTOR agrees: (1) The trail and shared-use path for the purpose of allowing non-motorized users, including: bicyclists,pedestrians, skateboards, inline skates, and the like,with motorized use limited to powered wheelchairs/scooters used by disabled citizens. (2) To allow the trail and shared-use path on the Property to be constructed by adjacent property owner Trinity Church, also known as Gallatin Valley Presbyterian Church, according to the schedule agreed upon by GRANTOR and GRANTEE. The east-west trail and shared-use path shall be ten feet(10')wide and constructed of asphalt to a Class IB condition. (3) To maintain and repair the trail and shared-use path on the Property at Grantor's expense including maintenance of surrounding landscape and snow removal in accordance with city ordinance article 6, sections 34.06.010-34.06.060. (4) To allow the City to make any and all inspections of the Easement as the City reasonably deems necessary. 2781104 Page 2 of 4 07/1 8/2022 1 1 .19.52 AM deems necessary. The GRANTOR states that GRANTOR is lawfully seized and possessed of the Property described above, that GRANTOR 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 GRANTORS. The terms, covenants and provisions of this easement shall extend to and be binding upon the successors and assigns of the parties hereto. DATED this day of ft , ay , 20 1-1. GRANTOR: Christ the King Lutheran Church of Bozeman, Montana PVj- . j� K r _ Name Its: Trustee STATE OF ss. County of��������� \ n� } On this day of ° ` 20`Ll, before me the undersigned, a Notary Public for the State of Montana, personally appearedr�4^,kYV,'G1Yi:1 Ull Y`c, known to one to be a Trustee of Christ the King Lutheran Church of Bozeman, Montana, and the person whose name is subscribed to the within instrument and acknowledged to one that he/she executed the within instrument for and on behalf of Christ the King Lutheran Church of Bozeman,Montana. "N" `H/v EVE M JOHNSON h lUNs�; ;`��• p Notary Public 1o7Asjlt. for the State of Montana *: -- *_ Residing at: Notary tme lic fpr e State of M�i1�'�'CkY�Q\ .SLAE.-�Q Belgrade, Montana { Printed :' r` ,�oF L My Commission Expires: , May 20,2025 Residing at: My commission ex ires: 'lV , 20 20 1:2— Name Its: Trusteeu ���{ EVE M JOHNSON Notary Public STATE OF U Y 4N } No'' '". -tor tr,e State of Montana - #: Residing at: ss. =.�3•�' •��_ Belgrade, Montana County of } oF' a��N my Commission Expires: May 20, 2025 On this ' �'� day of hyyi✓ (� 20 j L before me the undersigned, a Notary Public for the State of Montana, personally appearedC�lbPln '���I�±JLCiI , known to me to be a Trustee of Christ the King Lutheran Church of Bozeman, Montana, and the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the within instrument for and on behalf of Christ the King Lutheran Church of Bozeman, Montana. EVE M J7at: fl �� SU!fNsU, Notary �. -oNAR1,4 :L=_for the State ResidSH AL.Q; Belgrade Otary P is r t e ate f 1:My Commis Printed e: �I p ; May 20,2025 Residing at: ' My commission xpires:MGQ , 20" 2781104 Page 3 of 4 07/1 8/2022 1 1 .19.52 AM ACCFPTI, C T BOZEMAN b City Manager 1 �..s ATTEST: ' City Clerk STATE OF MONTANA )SS. County of Gallatin ) 4h On this 10-- day of , 2a, 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) JE yT ,�� JUUF }UNTr=R u .....c�,p.,, Notary Public �QT.ARIg4. -_for the State of Montana Not Pu 1' r the Sta a of Montana = Residing ntana �u � SEAL.- E3ozeman, Montana My Commission Expires; June 11,2025 (Printed Na Residing at My Commission Expires 2025 2781104 Page 4 of 4 07/18/2022 11 .19.52 AM 7C: Tna,.1,.,<,t. ^J4:!1.It In Ly I-- I4—A.:.!•uro.`:u+w.•YVr+%";:iu,vuY\'Si I0..[I;I'iI Iwrl.ilnr I:inly I, n' I�.,r,,. I.,A.- 7:,S 11 11.i ,•�I. •A•rt '.t. EXHIBIT A FOR A DESCRIPTION OF A TRAIL EASEMENT LOCATED IN THE SEISW4 OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY,CITY OF BOZEMAN, MONTANA OPEN SPACE, BLOCK 1, PARCEL 1, FLANDERS MILL FLANDERS MILL CERTIFICATE OF SURVEY SUBDIVISION PHASE 3, SUBDIVISION PHASE 1, NO. 2360 PLAT J-60�1 PLAT J-582 FN D N88'e .- "d c; ��`,Y;`�:.�. '? "iM F'N D N88°16'14"W W.C. I. ., f;.. ! ,.�.: f`P( (: � , I'�'J / ?t�74r ' rF'C: &H 85.72' FND YPC R--379.t� 1') iiiR=197.88,� 5„ R B `i i' - _ PQB _. ...._. f cs sr 5.,z . I.{; 25.00' Q) Lr A/' i '00'E 25.00' il 30.00' EXISTING 30' WIDE ROAD LOT 1, MINOR SUBDIVISION No. 253 DEDICATION PER PLAT-253 0 ti EASEMENT DESCRIPTION A TRAIL EASEMENT LOCATED IN THE SOUTHEAST ONE—QUARTER OF SOUTHWEST ONE—QUARTER OF SECTION ul 3 TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, CITY OF BOZEMAN, MONTANA, OVER AND 7, ACROSS A PORTION OF LOT 1 OF MINOR SUBDIVISION NO. 253 (RECORDS OF GALLATIN COUNTY), BEING (y MORE PARTICULARLY DESCRIBED AS FOLLOWS; ci BEGINNING AT A POINT (P.O.B.) WHICH IS THE NORTHEAST CORNER OF SAID LOT 1; THENCE N88'16'14"W A DISTANCE OF 85.72 FEET ALONG NORTH BOUNDARY OF SAID LOT 1: p THENCE N8833'11"W A DISTANCE OF 197.80 FEET ALONG NORTH BOUNDARY OF SAID LOT 1: { THENCE N88'31'23"W A DISTANCE OF 371.55 FEET ALONG NORTH BOUNDARY OF SAID LOT 1 TO A POINT .. ON THE EAST RIGHT—OF—WAY OF FLANDERS MILL ROAD; THENCE S02'17'16"W A DISTANCE OF 25.00 FEET ALONG SAID RIGHT—OF—WAY; V O THENCE SS8'29'53"E A DISTANCE OF 625.06 FEET TO A POINT ON THE EAST BOUNDARY OF SAID LOT 1; O Nj THENCE NO2'18'00"E A DISTANCE OF 25.00 FEET ALONG SAID EAST BOUNDARY TO THE P.O.B.; Qzl A SAID EASEMENT CONTAINS 15715.23 SO, FT. OR 0.36 AC. lii.i�eae:lrruerrzzazzzrj+'r! � q it1*lO�Tq /('rr rrrr O 00`.. LEGEND DAN = �r~J Digitally signed by Dan t� Stahly,PLS FOUND MONUMENT (FND): AS NOTED © = _D :{ _€ 0= ON!G_US, kl REBAR RB x I STAHLY 1 0 E=dstafily@seaeng.c"m, C YELLOW PLASTIC CAP YPIC O 1 16192LS ) }- Dan Stahly,PLS D=Stahry Assgciates,gi"ENm"Den an A NOTHING FOUND NOTHING SET NFNS __ �` Zc/ Stahly.PLS' POINT OF BEGINNING P.O.B. f+� a Dale:2022.05.17 p _ 162821-06'00' RECORD MEASUREMENT (R= ) ems~ </CENSF� � J� eC WITNESS CORNER W.C. ~r'4r / 1 rrrrrrr�NAL L ANO Yzrr+zzzrzNuurlul>:rl=iL1LL S02`18'00"W 624.73' LNFNS NE COR TO SE COR —�— (R=625.07') oT EXISTING 45' WIDE ROAD Ln DEDICATION PER PLAT-253 FND Durston Road YPC BASIS QF BEARING: GROUND PROJECTION AT: NGS CORS STATION ID "MTSU" NORTH LATITUDE: 45'41'10.86957" } , US STATE PLANE 1983 WEST LONGITUDE: 111"05'35.93270" 0 100 200 MONTANA 2500 ELLIPSOID HT: 4740.49 sft. NAD83 (CONUS, MOLODENSKY) MERIDIAN CONVERGENCE ANGLE=(—)1'09'56" VERTICAL DATUM: NAVD88 (GEOIDI2A) SCALE I FEET � STAHLY ENGINEERING &ASSOCIATES EASEMENT EXHIBIT"A' FIELD: NLB Kf9� DRAWN: NLB y PROFESSIONAL ENGINEERS&SURVEYORS CHECKED: DRS STAHLY1 www.seceng.com DATE: 05/17/2072 TRINITY CHURCH SITE 2223 MONTANA AVE. 3530 CENTENNIAL DR. 851 BRIDGER DR. STE. 1 IMPROVEMETNS E' 1970 STE. 201 HELENA, MT 59601 BOZEMAN, MT 59715 BILLINGS,MT 59101 Ph"ne:(406)442-8594 Phone:(406)522-9526 SHEET tllY Phone:(406)601-4055 FaY:(406)442-5557 Fax:(406)522-9528 CHRIST THE KING LUTHERAN CHURCH 1 OF 1