HomeMy WebLinkAbout22 - Easement Type Unknown - Lowe's Home Centers, LLC - Tschache Lane and Sacco Drive RetuM to:
CittyyClerk of zeman 2789210
PO Box 1230 Pa8e: i of 7 1�7120J2Q22 02:06 a9 PM Fee: $56.00
Bozeman, MT 59771-1230 1II11111111111111111111111111111111111I111I111111III11111,11111N11111111Iiallll111
MISC
NON-EXCLUSIVE SIGN EASEMENT
Lowe's Home Centers, LLC, a North Carolina Limited Liability Company, whose address is
1000 Lowes Boulevard, Mooresville,NC 28117, who took title as Lowe's HIW, Inc., a
Washington Corporation, GRANTOR, in consideration of$ 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 non-exclusive perpetual sign
easement, in,through, and across a strip of land for the Permitted Use(as subsequently
described) situated in Gallatin County, Montana 4 feet wide to be located on the following
described real property: Tract 2B1 of Correction Certificate of Survey 1215H, located in the
NW%a of Section 1, Township 2 South, Range 5 East,F.M.M., City of Bozeman,Gallatin
County, Montana, according to the official survey thereof on file and of record in the office of
the County Clerk and Recorder, Gallatin County, Montana.
The easement area is more particularly described on the attached Exhibit A and Exhibit B
which by this reference is made a part hereof.
The GRANTOR states that he possesses the real property described above (subject to all
matters of record) and that he has a lawful right to grant an easement thereon(subject to the
terms and conditions herein).
This grant is subject to the terms and conditions set forth in Exhibit C,attached hereto and
1
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r
incorporated herein.
The terms, covenants, and provisions of this casement shall extend to and be binding
upon the heirs,executors,administrators,personal representatives, successors, and assigns of the
parties hereto.
DATED this.-Qa day of 1p , 20-0
Bye-5
Grantor
STATE OF NORTH CAROLINAj
):ss7
COUNTY OF IREDELL
On this 01 day of , C , 2022, before me the undersigned, a Notary
Public for the State of North Carolina,personally appeared Richard Goodman, known to me to
be Vice President of Lowe's Home Centers, LLC, a North Carolina Limited Liability
Company, 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 said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
{SEAL}
E
.�`�s �0'1-1
41 Notary Public Ty
Lincoln
4 _ County c
M Comm. Exp,
Not ublic for the State of North Carolina20
9
(Printed ame) �'���, +CA\A0�:��`��\
Residing at ' n1Cy C'a,^1t
My Commission expires _ _/20_43
2
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ACCEPTED:
i
C l BOZEMAN
~, b e ihelich
' City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this 20 day of 0 C'k'plpe_tr , 2QZZ 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)
\Q AL 04A
Nott�a^r ublic for the State of Montana
TAYLOR CHAMBERS J
ati,• F . Notary Public (PrinteWNam
��.Ng7ARr,q�•9N-,for the state of Montana Residing at Lxj�'
nl
SF'AL. �_ Bozeman sIdI nMontana av
My Commission Expires�/ Z
'9rF' P' My Commission Expires:
January 12,2025
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EXHIBIT A
PUBLIC STREET AND UTILITY EASEMENT LEGAL DESCRIPTION
WITHIN
TRACT 2131 , CORRECTED C.O.S. 1215H,
LOCATED IN THE NW1/4 OF SEC. 1 , T2S, R5E, P.M.M.
PREPARED FOR CITY OF BOZEMAN MAY, 2022
PREPARED BY SANDERSON STEWART BOZEMAN, MONTANA
Beginning at the Southeast corner of the easement herein described, being
a point on the North right—of—way of Tschache Lane and the West
right—of—way of Sacco Drive, from which point the Southeast corner of
Tract 2131 bears S 89' 03' 24" E, 32.12 feet; Thence, S 01' 49' 07" W,
30.01 feet, said point of beginning; Thence, from said point of beginning, N
89' 03' 24" W, 6.54 feet along the North right—of—way of Tschache Lane;
Thence, along a curve to the LEFT, having a radius of 45.50 feet, a delta
angle of 54' 37' 48", and whose long chord bears N 29' 08' 01" E a
distance of 41.76 feet; Thence, N 01' 49' 07" E, 17.34 feet; Thence, along
a curve to the RIGHT, having a radius of 309.50 feet, a delta angle of 14'
59' 57", and whose long chord bears N 09' 19' 05" E a distance of 80.79
feet; Thence, N 16' 49' 03" E, 7.90 feet; Thence, along a curve to the
LEFT, having a radius of 295.50 feet, a delta angle of 15' 00' 00", and
whose long chord bears N 09' 19' 03" E a distance of 77.14 feet; Thence,
N 01' 49' 03" E, 668.11 feet to the North line of Tract 2131, Thence, S 88'
10' 57" E, 4.00 feet along the North line of Tract 2131 to the West
right—of—way of Sacco Drive; Thence, S 01' 49' 03" W, 668.11 feet along
the West right—of—way of Sacco Drive; Thence, along a curve to the RIGHT,
having a radius of 299.50 feet, a delta angle of 15' 00' 00", and whose
long chord bears S 09' 19' 03" W a distance of 78.19 feet along the West
right—of—way of Sacco Drive; Thence, S 16' 49' 03" W, 7.90 feet along the
West right—of—way of Sacco Drive; Thence, along a curve to the LEFT,
having a radius of 305.50 feet, a delta angle of 14' 59' 57", and whose
long chord bears LC = S 09' 19' 05" W a distance of 79.75 feet clong the
West right—of—way of Sacco Drive; Thence, S 01' 49' 07" W, 17.34 feet
along the West right—of—way of Sacco Drive; Thence, along a curve to the
RIGHT, having a radius of 49.50 feet, a delta angle of 48' 22' 33", and
whose long chord bears S 26' 00' 24" W a distance of 40.56 feet along the
West right—of—way of Sacco Drive to the North right—of—way of Tschache
Lane and to the point of beginning, and containing 3,577 sq.ft., more or
less.
�ONTAN�
-a DOU SUIT a%
OLDT o
1 2i 73LS
E'EN Fo
oNgL LAND
21231_02_ROW_BASE.DWG 21231.02 5/17/2022 TG
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EXHIBIT B
PUBLIC STREET AND UTILITY EASEMENT
WITHIN
TRACT 261, CORRECTED C.O.S. 1215H,
LOCATED IN THE NW1/4 OF SEC. 1, T2S, R5E, P.M.M.
PREPARED FOR CITY OF BOZEMAN MAY, 2022
PREPARED BY SANDERSONSTEWARTtb BOZEMAN, MONTANA
LOT 2A I
MINOR SUB.407C
L
R/W LEGEND
®EXISTING ROAD R/W f[
ki
-- PUBUC STREET AND UTILITY TRACT 2B1
EASEMENT CORRECTED C.O.S. 1215H
pNTAN EXISTING PUBLIC STREET
Q AND UTILITY EASEMENT
(MINOR SUB. 407D)
�a 70 oUgLA D EXISTING PUBLIC STREET
15273E_5 EASEMENT(DOC. N0.
2276376)
ss,/ CE �O
L LAB
L1 N 89' 03' 24" W, 6.54 FEET )
R1 R = 45.50 FEET, A = 54' 37' 48",
LC = N 29' 08' 01" E, 41.76 FEET
L2 N 01' 49' 07" E, 17.34 FEET
R2 R = 309.50 FEET, A = 14" 59' 57", >
LC = N 09' 19' 05" E, 80.79 FEET o,{
L3 N 16' 49' 03" E, 7.90 FEET o I g
R3 R = 295.50 FEET, A = 15' 00' 00", �m
LC = N 09' 19' 03" E, 77.14 FEET V) o�
L4 N 01' 49' 03" E, 668.11 FEET z
L5 S 88' 10' 57" E, 4.00 FEET 4.0o'
L6 S 01' 49' 03" W, 668.11 FEET
R4 R = 299.50 FEET, A = 15' 00' 00",
LC = S 09' 19' 03" W, 78.19 FEET
L7 S 16' 49' 03" W, 7.90 FEET k
R5 R = 305.50 FEET, A = 14' 59' 57",
LC = S 09' 19' 05" W, 79.75 FEET
L8 S 01' 49' 07" W, 17.34 FEET
R6 R = 49.50 FEET, A = 48' 22' 33",
LC = S 26' 00' 24" W, 40.56 FEET
EXISTING PUBLIC STREET ^
PROPERTY LINE AND UTILITY 1y�
(TYP) EASEMENT
�F
(3.577 SQ.FT)
N_
ty4 E. 89'03 24"
£NESTING 60'STREET POB N+�00
AND UTILITY EASEMENT —J
(20OFM366) ^ (S 01-49'07'
Cp W, 30.01')
ITS(CHACHE LA
SO 0 5 100 `.x1 .
S(ALE:1"-100' NORTH 21231_02_ROW_BASE.DWG 21231.02 5/17/2022 TG
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Exhibit C
1. This easement grants Grantee the limited right to enter the easement area and install,
maintain, repair and replace the "no parking" signs in the easement area (hereinafter, the
"Permitted Use").
2, Grantee shall be responsible, at its sole expense, for any work completed as part of the
construction plans and for the operation, maintenance, repair, and replacement of the
improvements made within easement area_
3. Upon completion of said project for which access is hereby provided, the Grantee shall
restore the property as nearly as possible to its original condition.
4. Grantee shall perform all work expeditiously and in such a manner that causes as little
disturbance to Grantor's property as is practicable under the circumstances. Grantee shall
take the necessary measures to minimize disruption and inconvenience caused by its
entry. Grantee shall control dust, noise and other effects of its work using methods
customarily utilized in order to control the deleterious effects associated with
construction projects.
5. Grantee shall not impede the flow of traffic or restrict access to Grantor's property within
the easement area.
6. To the extent permitted by law, Grantee shall indemnity,defend,protect and hold Grantor
and any tenant of Grantor harmless from and against any and all actual or potential
claims, proceedings, lawsuits, liabilities, damages, losses, fines, penalties,judgments,
awards,costs and expense, including, without limitation, reasonable attorneys' fees and
costs, that arise out of or relate in any way to its use and enjoyment of the rights granted
in this easement or claims triggered as a result of the improvements made pursuant to this
easement,other than those caused solely by the willful or negligent acts or omissions of
the Grantor. The provisions of this section shall survive the expiration or termination of
this easement with respect to any event occurring prior to such expiration or termination.
7. Grantee shall secure, maintain and comply with all required licenses, permits and
certificates related to, or otherwise necessary or appropriate for the construction and
operations within the easement area. In connection with exercising any of the rights
granted by this grant, Grantee shall comply with any and all applicable federal, state and
local laws, rules, regulations, statues, codes, orders and ordinances.
S. Grantor grants these rights subject to all covenants, conditions, restrictions, exceptions
and easements as may appear as a matter of public record or as may be evidenced by
possession, use or survey. Grantor, and its successors or assigns and tenants shall have
the right to use Grantor's property in any manner which does not unreasonably interfere
with the rights of Grantee, including without limitation the right to enter the easement
area to repair, replace, reconstruct, operate, expand and/or relocate any existing utilities
and structural supports (including retaining walls) and paved areas therein.
9. Prior to commencement of work within the easement area, Grantee shall provide advance
notice to Grantor and shall coordinate such entry with the on-site manager.
10. After the performance by Grantee of any work within the easement, Grantee shall
promptly replace and restore, at Grantee's sole cost and expense, such area and/or
improvements disturbed to the condition of such area and/or improvements before the
performance of said work, repair any pavement, curbs and gutters damaged by Grantee;
repair and reconnect any utility lines damaged or disturbed by Grantee, and re-sod and re-
landscape any areas damaged by Grantee.
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Exhibit C
11. Grantee shall not permit any claim, lien, or other encumbrance arising from construction,
maintenance or repair within the easement area by or on behalf of Grantee or Grantee's
use of the easement area to accrue against or attach to the easement area or the interest of
Grantor in adjacent lands.
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