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HomeMy WebLinkAbout23 - Easement Type Unknown - DK MARTlNEN, LLC - Westlakes Fourth Subdivision, Lot 1 & 2 holurm to., i is Bozeman C 2812888 ps ®® 23® Eric 5emerad - Ge©la0in0Count:2�:00 PM Fee:M$50.0@ boge an, NIT Ssrr1-123o 111111111111111 III 1111 IIII1II 111111���� ��11111111111111111111111111 UTILITY EASEMENT DK MARTINEN,LLC, GRANTOR, in consideration of$ 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 construction, 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,maintenance, repair, and removal of their lines and other facilities, in,through, and across a strip of land situated in Gallatin County, Montana, 10 feet wide to be located on the following described real property: A strip of land located in a portion of Lot 1, and Lot 2, Block 1,Westlakes Fourth Subdivision, lying within the East Half of Section 1, Township 2 South, Range 5 East of the Principal Meridian Montana, County of Gallatin, State of Montana The easement is more particularly described on the attached Exhibit "A" 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. 2812888 Page 2 of 5 10/10/2023 04.27.00 PM 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 14 day of �'�?4A�,2023. GRANTOR(s) By: I W inen, L C. Kay H Martinen, Authorized Agent STATE OF NOWPRIft ) 94A kA-L, ) ss. County off ) 9'' On this I eday of ,2023,before me the undersigned, a Notary Public for the State o personally appeared, Kay H Martinen, known to me to be the rt nen, LLC., and the person whose name is subscribed to the within Authorized Agent of DKTa instrument and acknowledged to me that she executed the within instrument for and on behalf of DK Martinen, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. �•�`� V ALF , i �,, (SEAL) 'CO- •••EXR•N / NOTARY Z OWPUBLIC O Notary Public for t e State off-Ltr�'1 rrf A �j;�o,� ���• 2 • (Printed Name) � �J ''���i�F:1N As���%``• Residing at ` - ��111111110% My Commission expires t f / -/20,� ACCEPTED: CI OF OZEM by C' narge 2812888 Page 3 of 5 10/10/2023 04.27.00 PM ACCEPTED: s CITY Z By City r ATTEST: U: 18B3..•� City Clerk �TIN.Ca••ItNo STATE OF MONTANA ) ) ss. County of Gallatin ) On this day ofa-i)w/� , 2023 , 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 for 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 seal on the day and year first above written. (SEAL) JULIE HUNTER Notary Public �,oTn��q<• :for the State of Montana N t P blic for the State of Montana = Residing at: ry t�.SEAL. Q Bozeman, Montana �, �? My Commission Expires: OF M� o June 11, 2025 (Printed Name) Residing at Bozeman, Montana My Commission Expires: 2812888 Page 4 of 5 10/10/2023 04.27.00 PM EXHIBIT A UTILITY EASEMENT LOT 1 AND 2,BLOCK 1,WESTLAKES FOURTH SUBDIVISION, LOCATED WITHIN THE EAST HALF OF SECTION 1, TOWNSHIP 2 SOUTH,RANGE 5 EAST OF THE P.M.M., COUNTY OF GALLATIN,STATE OF MONTANA NORTH I 0 50 100 1 1 S.LINE HOMESTEAD 1 GRAPHIC SCALE IN FEET I TOWNHOUSES,PHASE I FOUND 5/8"REBAR WITH 1-1/2"YPC S88'47'00' FOUND "REBAR "C&H ENGR 9518ES" WITH 1-11/212"YPC 10.00' "C&H ENGR 9518ES" 10' �pNTAN "* 7,141 SQ.FT. — — 0.164 AC 55 OD c6 WOLTERSTORFF` co c plG.891481.5 LOT 1,BLOCK 1 �r ` C NS�o (REMAINDER) I OiC.�ANDSV: WESTLAKES FOURTH r� SUBDIVISION w _ r, U) 60, z Lu I Q � I FOUND 2"ALUM.CAP 00 FOUND 5/8"REBAR STAMPED"RW ALLEN" BENT Z N88°17'59"W 294.60' — — — 0 0 ci M — — LOT 2,BLOCK 1 N COTTON WESTLAKES FOURTH WOOD ST— SUBDIVISION (60'R.O.W.) I FOUND 5/8"REBAR N88"53'16"W WITH1-1/2'YPC 10.00'1 "C&H ENGR 9518ES" CERTIFICATE OF SURVEYOR: LEGEND YPC=YELLOW PLASTIC CAP I, DARREN R. WOLTERSTORFF, DO HEREBY CERTIFY THAT THIS EXHIBIT WAS SURVEYED BY ME,OR UNDER MY SUPERVISION,AND BEARINGS ARE BASED ON THAT THE INFORMATION SHOWN HEREON IS TRUE AND CORRECT MODIFIED MONTANA STATE PLANE TO THE BEST OF MY KNOWLEDGE. AA GRID BEARINGS. DATED THIS Kimley*Horn DARREN R.WOLTERSTORFF,PLS MONTANA REGISTRATION NO.29148L5 6200 5 SYRACUSE WAY,9 300 Tel.No.(303)228-2300 GREENWOOD VILLAGE,COLORADO 80111 w AlfNeyhom.o= Stele I D2wn bV I Checked by I Dale Pmiect No. Sheet No. 1•=100' CAD DRW J"n.2023 090071002 1OF1 2812888 Page 5 of 5 10/10/2023 04.27.00 PM EXHIBIT A UTILITY EASEMENT LOT 1 AND 2, BLOCK 1, WESTLAKES FOURTH SUBDIVISION, LOCATED WITHIN THE EAST HALF OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF THE P.M.M., COUNTY OF GALLATIN, STATE OF MONTANA NORTH I 0 50 100 S.LINE HOMESTEAD I GRAPHIC SCALE IN FEET I TOWNHOUSES,PHASE 1 I FOUND 5/8"REBAR FOUND 5/8"REBAR WITH 1-1/2"YPC S88°47'00"E WITH 1-1/2"YPC "C&H ENGR 9518ES" 10.00, "C&H ENGR 9518ES" 10, '•0�1 . AN 7,141 SQ.FT. 0.164 AC — — — :\ 00 OA RgTORFF ' o0 WOLTE 00 N0.2914&S LOT 1, BLOCK 1 %%9 4rC (REMAINDER) 4 N V4�;•' WESTLAKES FOURTH ti F' Np 5 SUBDIVISION r w ti ) 60' r r 0 r z Lu r. Q � FOUND 2"ALUM.CAP 00 FOUND 5/8"REBAR STAMPED"RW ALLEN" BENT I— Z N88°17'59"W 294.60 — — — 0 0 CD co LOT 2, BLOCK 1 N COTTON WESTLAKES FOURTH N WOOD ST SUBDIVISION � (60' R.O.W.) r o ' FOUND 5/8"REBAR N88053'16"W WITH 1-1/2"YPC 10.00 "C&H ENGR 9518ES" CERTIFICATE OF SURVEYOR: LEGEND YPC=YELLOW PLASTIC CAP I, DARREN R. WOLTERSTORFF, DO HEREBY CERTIFY THAT THIS EXHIBIT WAS SURVEYED BY ME, OR UNDER MY SUPERVISION, AND BEARINGS ARE BASED ON THAT THE INFORMATION SHOWN HEREON IS TRUE AND CORRECT MODIFIED MONTANA STATE PLANE TO THE BEST OF MY KNOWLEDGE. AA GRID BEARINGS. DATED THIS �� OFA as 20-23. DARREN R.WOLTERSTORFF,PLS MONTANA REGISTRATION NO.29148LS Kimlpy* Horn6200 S SYRACUSE WAY,#30 Tel.No.(303)228-2300 GREENWOOD VILLAGE,COLORADO 80111 www.kimley-horn.com Scale I Drawn by I Checked by I Date Project No. Sheet No. 1"=100' CAD DRW Jun.2023 090071002 1 OF 1