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HomeMy WebLinkAbout024_Utility Easement UTILITY EASEMENT- DRAFT After Recording, return to: City of Bozeman City Clerk's Office P.O. Box 1230 Bozeman, MT 59771 UTILITY EASEMENT Hotel Bozeman Building 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, 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, variable , feet wide to be located on the following described real property: Lots 2A and 3A, Block A of Amended Trace's Third Addition to Bozeman [Plat C-1841 The easement is more particularly described on the attached Exhibit(s) 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. 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 ,202_. Hotel Bozeman Building LLC,Grantor By: Hotel Bozeman Partners LLC Its Managing Member By: Andrew Holloran, Manager STATE OF ) :ss COUNTY OF ) On this day of ,202,before me,the undersigned, a Notary Public for the State of ,personally appeared ,known to me to be the of Hotel Bozeman Partners,LLC,the Managing Member of Hotel Bozeman Building,LLC,that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) (Printed Name Here) Notary Public for the State of Residing at My Commission Expires: (Use 4 digits for expiration year) ACCEPTED: CITY OF BOZEMAN By Acting 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 CHUCK WINN and MIKE MAAS, known to me to be the Acting 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) Notary Public for the State of Montana (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20 C:\Users\nbolton\AppData\Local\Temp\AcPablish_18692\EXHIBIT Utility Esmldwg, 8.5 x 11 EXHIBIT A,Plotted: Oct 28, 2024—4:31pm, nbolton EXHIBIT A A description of a Utility Easement located within Lots 2A and 3A of Block A of the Amended Tracy's Third Addition to Bozeman(Plat C-18-J), which is located within the Northwest One Quarter of Section 7,Township 2 South, Range 6 East, Principal Meridian Montana,City of Bozeman,Gallatin County, Montana. WEST BEALL STREET (RECORD 58' ROW) S0033'18"W P B ss.14. S89 0125'E 230 98, 6,50' F=;r (1sz ea') s..,o � ^�^ N89 0>25"W 114.6T N890125"W 106.36' N005931'E Utility Cclro 69.85, Easement 50058'35"W o (2,762 sft) J. ro 589 21'11'E .a W a 1260' S00 59,37"W a a � �w aLL� 69.79' LOT 3A a " O n N00 52 42— w �m 10.00' N89201"W BLOCK A 225a' LOT 2A PLAT C-18-J Q a, BLOCK A > s PLAT C-18-J E- C WEST LAMME STREET LEGAL DESCRIPTION (RECORD 60' ROW) A Utility Easement located within Lots 2A and 3A of Block A of the Amended Tracy's Third Addition to Bozeman (Plat C-18—J), which is located within the Northwest One Quarter of Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: Beginning at the Point of Beginning (POB), which is the Northwest Corner of said Lot 2A and the south ROW of West Beall Street; • thence, along said lines, S 89' 01' 25" E, a distance of 98.14 feet to a point on said ROW and a corner common to said Lots 2A and 3A; • thence, along said ROW and Lot 3A line, S 89° 01' 25" E, a distance of 132.84 feet to the corner of said Lot 3A and the ROW of said West Beall Street and North Tracy Avenue; • thence, along said North Tracy Avenue ROW and the east line of said Lot 3A, S 00° 33' 18" W, a distance of 6.50 feet to a point; • thence, leaving said ROW and line, N 89° 01' 25" W, a distance of 106.36 feet to a point;. • thence, S 00° 58' 35" W, a distance of 3.50 feet to a point; • thence, N 89' 01' 25" W, a distance of 114.67 feet to a point; • thence, S 00' 59' 31" W, a distance of 69.79 feet to a point; • thence, N 89' 21' 11" W, a distance of 22.58 feet to a point; • thence, N 00° 52' 42" E, a distance of 10.00 feet to a point on the line of Lot 2A; • thence, along said line, S 89' 21' 11" E, a distance of 12.60 feet to an angle point corner of said Lot 2A; • thence, along said west line, N 00° 59' 31" E, a distance of 69.85 feet to the POB. Said area being 2,762 square feet or 0.063 acres more or less, along with and subject to all easements of record. BASIS OF BEARING: MODIFIED MONTANA STATE PLANE 2500 NORTH AMERICAN DATUM OF 1983 (NAD83) \�' 9 USING MTSU BROADCAST JOHN R. " GROUND PROJECTION AT ROW CORNER LOTS 6/7 BILK 4 N ry PUGH 0O NORTH LATITUDE:45°40'57.01356" = O 15626 LS - Z WEST LONGITUDE:111"02'19.88730" 0 80' 160' - '�� ELLIPSOID HT: 4762.676 sft. MERIDIAN CONVERGENCE ANGLE: 1°07'32" SCALE IN FEET rrJlrJttQ�gL, LAN�tllltttl= ALL DISTANCES ARE IN INTERNATIONAL FOOT GROUND UNITS .t.t„..°i t STAHLY ENGINEERING &ASSOCIATES EXHIBIT A FIELD: 12-01-2023 PROFESSIONAL ENGINEERS&SURVEYORS UTILITY EASEMENT DRAWN: JP/NB CHECKED:CP www.seceng.com DATE: 10-28-2024 STAHLY 2223 MONTANA AVE. 3530 CENTENNIAL DR. 851 BRIDGER DR. STE. 1 THE HOTEL BOZEMAN PROJECT 1970 STE. 201 HELENA, MT 59601 BOZEMAN, MT 59715 BILLINGS,6MT159101 Phone:(406)442-8594 PhoneFax:(406)442 ((406)522-9526 HTEL BOZEMAN BUILDING,LLC SHEET Phone:(40)60— —8557 Fa406)522-9528 BOZEMAN,MONTANA 1 OF 1