HomeMy WebLinkAbout031_PrivateUtilityEasement_CultivarMTSouthPage 1 of 3 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 PRIVATE UTILITY EASEMENT The State of Montana, 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, 10 feet wide to be located on the following described real property: a portion of the SW1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. The easement 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 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.
Page 2 of 3 DATED this day of , 20 . Signed: Name: ________________________ ______________ of The State of Montana STATE OF _____________ ) ):ss County of ______________ ) On this day of , 20 , before me the undersigned, a Notary Public for the State of ______________, personally appeared , known to me to be of The State of Montana 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 The State of Montana. 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 ________________ (Printed Name) Residing at My Commission expires / /20
Page 3 of 3 ACCEPTED: __________________________ CITY OF BOZEMAN by ________________________ 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 _______________________ and MIKE MAAS, known to me to be the __________________________ 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) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20
0100SCALE:1" = 200'200100EXHIBIT A
EASEMENT 1 - DESCRIPTIONA private utility easement located on a portion of the SW1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof onfile and of record in the office of the County Clerk and Recorder, Gallatin County, Montana, being more particularly described as follows:Commencing at the southwesterly corner of Tract 2 of Certificate of Survey 1723; thence S88°08'39"E, 166.53 feet along the southerly line of said tract to the Point of Beginning;thence continuing along said southerly line of said tract S88°08'39"E, 10.10 feet to the beginning of a curve to the left, said curve having a radius of 4012.50 feet and a chord that bears S14°03'44"E,1112.10 feet; thence along said curve 1115.69 feet;thence along a curve to the left, said curve having a radius of 95.00 feet and a chord that bears S55°39'16"E, 105.22 feet; thence along said curve 111.51 feet;thence S89°16'51"E, 555.12 feet to the beginning of a curve to the right, said curve having a radius of 71.00 feet and a chord that bears S78°01'45"E, 27.71 feet; thence along said curve 27.89 feet;thence S66°46'40"E, 19.30 feet to the beginning of a curve to the left, said curve having a radius of 29.00 feet and a chord that bears S78°01'45"E, 11.32 feet; thence along said curve 11.39 feet;thence S89°16'51"E, 468.64 feet to the beginning of a curve to the right, said curve having a radius of 240.00 feet and a chord that bears S78°01'51"E, 93.64 feet; thence along said curve 94.25 feet;thence S66°46'51"E, 90.29 feet to the beginning of a curve to the left, said curve having a radius of 160.00 feet and a chord that bears S78°01'51"E, 62.43 feet; thence along said curve 62.83 feet;thence S89°16'51"E, 138.59 feet;thence S0°43'09"W, 10.00 feet;thence N89°16'51"W, 138.59 feet to the beginning of a curve to the right, said curve having a radius of 170.00 feet and a chord that bears N78°01'51"W, 66.33 feet; thence along said curve 66.76 feet;thence N66°46'51"W, 90.29 feet to the beginning of a curve to the left, said curve having a radius of 230.00 feet and a chord that bears N78°01'51"W, 89.74 feet; thence along said curve 90.32 feet;thence N89°16'51"W, 468.64 feet to the beginning of a curve to the right, said curve having a radius of 39.00 feet and a chord that bears N78°01'45"W, 15.22 feet; thence along said curve 15.32 feet;thence N66°46'40"W, 19.30 feet to the beginning of a curve to the left, said curve having a radius of 61.00 feet and a chord that bears N78°01'45"W, 23.80 feet; thence along said curve 23.96 feet;thence N89°16'51"W, 555.12 feet to the beginning of a curve to the right, said curve having a radius of 105.00 feet and a chord that bears N55°39'16"W, 116.29 feet; thence along said curve 123.25 feet;thence along a curve to the right, said curve having a radius of 4022.50 feet and a chord that bears N14°03'08"W, 1116.26 feet; thence along said curve 1119.87 feet to the Point of Beginning.Said easement containing 27,035 square feet, more or less.EASEMENT 2 - DESCRIPTIONA private utility easement located on a portion of the SW1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof onfile and of record in the office of the County Clerk and Recorder, Gallatin County, Montana, being more particularly described as follows:Commencing at the southwesterly corner of Tract 2 of Certificate of Survey 1723; thence S88°08'39"E, 65.59 feet along the southerly line of said tract to the Point of Beginning;thence continuing along said southerly line of said tract S88°08'39"E, 10.09 feet to the beginning of a curve to the left, said curve having a radius of 4112.50 feet and a chord that bears S13°57'53"E,1153.65 feet; thence along said curve 1157.47 feet;thence along a curve to the left, said curve having a radius of 195.00 feet and a chord that bears S55°39'16"E, 215.97 feet; thence along said curve 228.89 feet;thence S89°16'51"E, 555.12 feet;thence N76°40'58"E, 61.85 feet;thence S89°16'51"E, 464.74 feet to the beginning of a curve to the right, said curve having a radius of 170.00 feet and a chord that bears S78°01'51"E, 66.33 feet; thence along said curve 66.76 feet;thence S66°46'51"E, 90.29 feet to the beginning of a curve to the left, said curve having a radius of 230.00 feet and a chord that bears S78°01'51"E, 89.74 feet; thence along said curve 90.32 feet;thence S89°16'51"E, 138.59 feet;thence S0°43'09"W, 10.00 feet;thence N89°16'51"W, 138.59 feet to the beginning of a curve to the right, said curve having a radius of 240.00 feet and a chord that bears N78°01'51"W, 93.64 feet; thence along said curve 94.25 feet;thence N66°46'51"W, 90.29 feet to the beginning of a curve to the left, said curve having a radius of 160.00 feet and a chord that bears N78°01'51"W, 62.43 feet; thence along said curve 62.83 feet;thence N89°16'51"W, 463.51 feet;thence S76°40'58"W, 61.85 feet;thence N89°16'51"W, 556.35 feet to the beginning of a curve to the right, said curve having a radius of 205.00 feet and a chord that bears N55°39'16"W, 227.05 feet; thence along said curve 240.63 feet;thence along a curve to the right, said curve having a radius of 4122.50 feet and a chord that bears N13°57'19"W, 1157.80 feet; thence along said curve 1161.64 feet to the Point of Beginning.Said easement containing 28,620 square feet, more or less.EXHIBIT B