HomeMy WebLinkAbout033_PrivateUtilityEasement_WheatBTPPage 1 of 3 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 PRIVATE UTILITY EASEMENT Bozeman Trax Partners, 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, 10 feet wide to be located on the following described real property: Tract 1-B of Certificate of Survey No. 2153A, located in the NW1/4 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 Bozeman Trax Partners, LLC 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 Bozeman Trax Partners, LLC 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 Bozeman Trax Partners, 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 ________________ (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
EXHIBIT A0100SCALE:1" = 200'200100
EXHIBIT BEASEMENT 1 - DESCRIPTIONA private utility easement located on Tract 1-B of Certificate of Survey No. 2153A, located in the NW1/4 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, being more particularly described as follows:Commencing at the northeasterly corner of said tract; thence S13°42'19"E, 694.90 feet along the easterly line of said tract to the Point of Beginning;thence continuing along said easterly line S13°42'19"E, 14.20 feet to the beginning of a non-tangent curve to the left, said curve having a radius of 345.00 feet and a chord that bears N63°15'03"W,67.34 feet; thence along said curve 67.45 feet;thence N68°51'07"W, 100.00 feet to the beginning of a curve to the right, said curve having a radius of 255.00 feet and a chord that bears N59°35'39"W, 82.05 feet; thence along said curve 82.41 feet;thence N50°20'11"W, 944.38 feet;thence N39°39'49"E, 10.00 feet;thence S50°20'11"E, 944.38 feet to the beginning of a curve to the left, said curve having a radius of 245.00 feet and a chord that bears S59°35'39"E, 78.83 feet; thence along said curve 79.17 feet;thence S68°51'07"E, 100.00 feet to the beginning of a curve to the right, said curve having a radius of 355.00 feet and a chord that bears S64°04'34"E, 59.11 feet; thence along said curve 59.18 feet tothe Point of Beginning.Said easement containing 11,885 square feet, more or less.EASEMENT 2 - DESCRIPTIONA private utility easement located on Tract 1-B of Certificate of Survey No. 2153A, located in the NW1/4 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, being more particularly described as follows:Commencing at the easterly angle point corner of said tract; thence S9°40'10"W, 1.26 feet along the easterly line of said tract to the Point of Beginning;thence continuing along said easterly line S9°40'10"W, 15.09 feet;thence N31°49'14"W, 29.14 feet to the beginning of a curve to the left, said curve having a radius of 245.00 feet and a chord that bears N50°20'11"W, 155.61 feet; thence along said curve 158.35 feet;thence N68°51'07"W, 100.00 feet to the beginning of a curve to the right, said curve having a radius of 355.00 feet and a chord that bears N59°35'39"W, 114.22 feet; thence along said curve 114.72 feet;thence N50°20'11"W, 563.40 feet;thence S39°39'49"W, 542.81 feet to the southerly line of said tract;thence N58°09'05"W, 10.09 feet along said southerly line;thence N39°39'49"E, 554.19 feet;thence S50°20'11"E, 573.40 feet to the beginning of a curve to the left, said curve having a radius of 345.00 feet and a chord that bears S59°35'39"E, 111.01 feet; thence along said curve 111.49 feet;thence S68°51'07"E, 100.00 feet to the beginning of a curve to the right, said curve having a radius of 255.00 feet and a chord that bears S50°20'11"E, 161.96 feet; thence along said curve 164.81 feet;thence S31°49'14"E, 17.83 feet to the Point of Beginning.Said easement containing 15,151 square feet, more or less.EASEMENT 2 - DESCRIPTIONA private utility easement located on Tract 1-B of Certificate of Survey No. 2153A, located in the NW1/4 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, being more particularly described as follows:Commencing at the southerly angle point corner of said tract; thence S89°20'01"W, 5.49 feet along the southerly line of said tract to the Point of Beginning;thence continuing along said southerly line S89°20'01"W, 13.12 feet;thence N39°39'49"E, 567.32 feet;thence N50°20'11"W, 270.98 feet;thence N39°39'49"E, 10.00 feet;thence S50°20'11"E, 280.98 feet;thence S39°39'49"W, 568.83 feet to the Point of Beginning.Said easement containing 8,441 square feet, more or less.