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HomeMy WebLinkAbout23 - Easement Type Unknown - CBJ LLC - South 3rd Avenue, Tract 1 of COS No. 3052 After Recording,return to: 2814740 Page: 1 of 6 11/06/2023 03 34:38 PM Fee: $48.00 Eric Semerad - Gallatin County, MT MISC City of Bozeman ��������������������������������������������������������������11111111111111111 IN City Clerk's Office P.O. Box 1230 Bozeman, MT 59771 PUBLIC UTILITY EASEMENT CBJ LLC, GRANTOR(S), in consideration of$ 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 10 foot wide Public 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 said 10' wide strip of land situated in Gallatin County, City of Bozeman, Montana, and more particularly described as follows and on the attached Exhibit "A", and located on the following described real property: Tract 1 of Certificate of Survey No. 3052 located in the NE %of Section 24,Township 2 South,Range 5 East, PMM, Gallatin County, City of Bozeman, Montana The GRANTOR warrants that it is lawfully seized and possessed of the real property described above,that it has lawful right to convey the property, or any part of it, and that it will forever defend the title of the property against the claims of all persons. 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 the easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. 2814740 Page 2 of 6 11/06/2023 03.34.38 PM DATED this X J day of 2023. CBJ LLC, Grantor By: Julien Morice, it's member. STATE OF MONTANA ) )ss. County of Gallatin ) Z On this r day of ()( ,h)OC'ir ,2023, before me, the undersigned, a Notary Public for the State of Montana,personally appeared Julien Morice, known to me to be a member of CBJ LLC,whose name is subscribed to the within instrument, and acknowledged to me that he executed the within instrument for and on behalf of CBJ LLC. 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 °BANG , LISA VAN GELDER \yP OR: Notary Public Lt5t, Varx 6c t at,— N0 Rlq(.9:for the State of Montana at:Residing (Printed Name) y' SEALP,* Manhattan, Montana Residing at �QUyV ,MPY1, (LLfi .: 9'FoFiMo My Commission Expires: M Commission Expires /20 2(R January 13, 2026 Y p 2814740 Page 3 of 6 11/06/2023 03.34.38 PM DATED this day of 00WjV?— , 2023. CBJ LLC, Grantor By: Cole Robertson, it's member. STATE OF MONTANA ) )ss. County of Gallatin ) On this day of 0L,kV-j-,( ,2023, before me,the undersigned, a Notary Public for the State of Montana, personally appeared Cole Robertson, known to me to be a member of CBJ LLC, whose name is subscribed to the within instrument, and acknowledged to me that he executed the within instrument for and on behalf of CBJ LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) vpN GF� LISA VAN GELDER Notary Public for the State of Montana Notary Public . p for the state of Montana Residing at: Li 5 V a 9. ye C.� ►e� =.N�.SEAL.��; Manhattan, Montana (Printed Name) OF,Mo ?^^' My Commission Expires: January 13, 2026 J. Residing at r-ur My Commission Expires I l_LL120 W. 2814740 Page 4 of 6 11/06/2023 03.34.38 PM DATED this day of 00-4'�-'(- , 2023. CBJ LLC, Grantor By: Brett Boeckel, it's member. STATE OF MONTANA ) )ss. County of Gallatin ) On this 2"2 day of QC D le-r ,2023, before me,the undersigned, a Notary Public for the State of Montana,personally appeared Brett Boeckel, known to me to be a member of CBJ LLC, whose name is subscribed to the within instrument, and acknowledged to me that he executed the within instrument for and on behalf of CBJ LLC. 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 LISA VAN GELDER Flo' Li 5 A V Gcg CZ e k l•e y- �5 Notary Public for the State of Montana (Printed Name) SEAL. e Manh ttanResidi,�Montana Residing at gayyV\cdt en, W g =9�c OF-p- My commission Expires: My Commission Expires 1_/J/20 -4o. �''� ,,I January 13,2026 2814740 Page 5 of 6 11/06/2023 03.34.38 PM ACCEPTED: G~�®F D . CITY OZEMA _ .• B -JTM i CityWManager ATTEST: Z City Clerk '4'CO.-pl'o' STATE OF MONTANA ) ) ss. County of Gallatin ) On this A day of mkpic , 2023 , before me, a Notary Public for the State of Montana personally appeared and MIKE MAAS known to me to p Y pP L C/-Fuc k be the,City Manager and City Clerk for the City of Bozeman and the persons whose names are L-JINN 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) "'""E JULIE HUNTER NotEary Public o1ARI44, for the State of Montana Not Pu is for the tate of Montana = - Residing at: ; .SEAL., Bozeman, Montana 9 PS' My Commission Expires: M� June l l,2025 (Printed Name) Residing at Bozeman, Montana My Commission Expires: C!�/ 1 /20 �-� 2814740 Page 6 of 6 11/06/2023 03.34.38 PM EXHIBIT "All A DESCRIPTION OF A PUBLIC UTILITY EASEMENT LOCATED WITHIN THE NORTHEAST ONE QUARTER OF SECTION 24,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA,GALLATIN COUNTY, CITY OF BOZEMAN, MONTANA Found Section 10.00' Corner In Mon Box 208.99' Co c2636 POB 5.01' 13 18 Found N88'57'03"E 264.00' 24 19 P Rebar C 45' Wide Public Street and Utility Easement N h h. _ 45' Wide COB I� -;w 45.00' ROW Deed Per O'v;. O Fm174Pg2514 r` TRACT i L0 L0 `n COS 3052 10' �O - U� 10' Wide Public t % � Q) a Utility Easement OF) j(n 21 Q GopQ9 vh N O;, cV rn 4 � b N -p 8F 8 4x� c0 .� O 17 O O O k rA O O E O O .`.' �4 V 2. O0 /;n 30' Wide Easement 30' Wide Easement (See COS 3052) •, 30.00' 30.00' Per Fm174Pg2514 10.00' `, itn°° FD Pi t �" S88'S8'09"W 263.99' Corner 29,90' NF/NS OD Pipe Btk 9. NF/NS 2 0 8.9 7' Found 1 �a pa„cet 1. A+a- - 32 Aat Am OD Pipe WC 45.01 �T_ Fig9. 1- 1st Aat Fig%11- ffik 9• 44.42' I-6-B plat 1-B-f EASEMENT DESCRIPTION A Public Utility easement located within the Northeast One Quarter of Section 24, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, City of Bozeman, Montana, and more particularly described as follows: Beginning at a point (POB), that bears S 88' 57' 03" W, a distance of 45.01 feet from the North East Corner of said Section 24, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana; • thence S 00' 06' 29" W, a distance of 165.04 feet to a point: • thence S 88' 58' 09" W, a distance of 10.00 feet to a point; • thence N 00' 06' 29" E, a distance of 165.03 feet to a point on the line common to sections 13 and 24; • thence N 88' 57' 03" E, a distance of 10.00 feet along said line common to sections 13 and 24 to the POB. Said area being 1,650 square feet or 0.04 acres more or less, along with and subject to all easements of record. BASIS OF BEARING: ` On`'i"Tl:;trrr7r,,rrrrrfrrf BOBCAT—LOW DISTORTION PROJECTION Easement Area y�,� ,,,,,,........ I---�..,,,,/AIV`/9 COORDINATE SYSTEM RTK SOLUTION VIA MTSU CORS �� ~+~ * _ DATUM: NAD83(CONUS) JOHN R. PUGH o PROJECTION: LAMBERT CONFORMAL CONIC (SINGLE) 0 15626 LS STANDARD PARALLEL & GRID ORIGIN: 46'15'00"N CENTRAL MERIDIAN: 111'15'00"W FALSE NORTHING:328,083.990 IFT (100,000.00 M) 0 50' 100' "rrrrr FALSE EASTING:328,083.990 IFT (100,000.00 M) rrrrrrrr�AeLlllt`-rANOti STANDARD PARALLEL SCALE: 1.000185 SCALE IN FEET (ALL DISTANCES ARE IN GROUND INTERNATIONAL FEET) �IhEIAj STAHLY ENGINEERING &ASSOCIATES EXHIBIT"A" FIELD: JP/MS PROFESSIONAL ENGINEERS&SURVEYORS DRAWN: F CHECKED:NB STAR LY www.sea en g.com DATE: 9/25/2023 PUBLIC UTILITY EASEMENT 2223 MONTANA AVE. 3530 CENTENNIAL DR. 851 BRIDGER DR. STE. 1 �9 t916t`�L BILLINGS, MT0759101 Phone(aoe)442-ess01 BOZEMAN, MT Ph—(06)52259526 9715 LOCATED WITHIN THE NE q SECTION 24,T2S,R5E,PMM, SHEET �OCIpT`$' Phone:(406)601-4055 Fax:(4o6)442-6557 Fax:(406)522-9526 GALLATIN COUNTY,CITY OF BOZEMAN, MONTANA 1 OF 1