HomeMy WebLinkAbout06- Easement Baxter Springs LLC
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City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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Shelley Vance-Gallatin Co MT MISC 55 00
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PUBLIC ACCESS EASEMENT
Baxter Springs, LLC, GRANTOR(S), in consideration of$ 1.00 and for other and valuable
considerations, receipt of which is hereby acknowledged, grants to The City of Bozeman, a
Municipal Corporation of the State of Montana, with offices at 411 East Main, Bozeman,
Montana 59715, GRANTEE, a public access easement for a driveway and parking area for the
use of the public in, through, and across a thirty (30) feet wide strip ofland situated in Gallatin
County, Montana, which is located on the following described property:
DESCRIPTION
Two 30t-wide utility line easements across Lot A of Minor Subdivision No. 362 located in the
NE1I4, Section 2, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, the
centerlines of which are further described as follows:
EASEMENT I
Beginning at a point on the north line of said Lot A which bears S88058'E a distance of 230.8
feet from the northwest corner of said Lot A: thence S12047'E a distance of 184.8 feet; thence
S04040'W a distance of397.6 feet; thence S88058'E a distance of357.6 feet; thence N02051'E a
distance of 480.0 feet: thence N41 o45'W a distance of72.8 feet; thence NOl ol3'E a distance of
43.0 feet to the north of line of said Lot A.
EASEMENT 2
Beginning at a point on the centerline of Easement 1 which bears S12047'E a distance of 122.4
feet from the Point of Beginning of said Easement 1; thence S88045'E a distance of361.8 feet to
the centerline of said Easement 1.
WHERE TWO PIPES LIE WITHIN EASEMENT, SAID EASEMENTS ARE CENTERED
BETWEEN SAID PIPES. WHEN ONLY ONE PIPE LIES WITHING SAID EASEMENTS,
SAID EASEMENTS ARE CENTERED ON SAID PIPE.
The easement is more particularly described on the attached Exhibit Al and A2 which by
this reference is made a part hereof.
The GRANTOR(S) agrees:
(1) To construct and maintain the driveway and parking area at their own expense in
accordance with relevant City Ordinances, including, but not limited to, snow removal
and all major and minor repair work.
(2) To allow the City to make any and all inspections of the driveway and parking area and
land appurtenant thereto as the City reasonably deems necessary.
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Shelley Vanoe-Gallatin Co MT MISe 55 00
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The GRANTOR(S) warrant that they are lawfully seized and possessed of the real
property described above, that they have a lawful right to convey the property, or any part of
it, and that they will forever defend the title to this property against the claims of all persons.
The GRANTOR(S) further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTORS. 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 0c.""1OB1EY'L- ,200(...
STATE OF MONTANA
)
County of Gallatin
):ss
)
On this at+- day of (}.Jobu- , 20~, before me the undersigned, a Notary
Public for the State of Montana, personally appeared /l1/VJR.. (l...l1aol. . known to
me to be PJp~ fiJ'W1~ of..Bxh( ~j'r llLand the person whose name is subscribed to
the within ins nt and acknowledged to me that he executed the within instrument for and on
behalf of fJtly./rJr 5rr,nt'F' LLL
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day ~ y~~ Arst above written.
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Notary Public fo
t...HR.16rt€ LEe. 6TANDlfOOllD
(Printed Name)
Residing at ~7J...um.u
My Commis Ion expIres Jt1an..A /,.U;, /20..az...
ACCEPTED:
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Shelley Vanoe-Gallatln eO MT MISC 55,00
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CQ-.A~:
CITY OF BOZEMAN
by
City Manager
STATE OF MONTANA
)
County of Gallatin
)ss.
)
On this :2.. 6 day of (J c f ~ h € r , 2 1/()6, before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and BRIT T. FONTENOT,
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.
~~L~
otary Pubhc for the ~tate of Montana j
0ruCl 1"'1"" J dJJ r') (J ~ rl'l-cJV"
(printed Name)
Residing at I} tJ Z. e-"" d /l..... 111 /
My Commission Expires ~ 7 /20 I cJ
EXHIBIT Al
SHOWING TWO 30'-WIDE ACCESS EASEMENTS ACROSS LOT A OF MINOR SUBDIVISION NO. 362 LOCATED
IN THE NEl/4, SEC 2, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
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P.O.B.
EASEMENT 1
230.8'
P.O.s.
EASEMENT 2
30'
[ 15'
BAXTER LANE
588"58'E 662.4'
342.5'
89.1'
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I EXISTING 20' UTILITY
;- EASEMENT PER
MINOR SUB. 362
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EXISTING 20'
UTILITY EASEMENT
I EXISTING 50' PUBLIC STREET
& UTILITY EASEMENT PER
15'
MINOR SUB. 362
PROPERlY
LINE
15'
15'
30'
LOT A
o 100
~-~
( IN FEET )
30'
EXISTING 20' UTILITY
EASEMENT PER
MINOR SUB. 362
EXISTING 20' UTILITY
1 EASEMENT PER
MINOR SUB. 362 _
30'
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Shelley Vane_-Gallatin Co MT MISC 55 00
_I.. MORRISON lOng"","" 901 TedmologyBMf,
_ Su/'IOOj'OI> BOU...." MT 5117'8
..... MAIERLE I SeJenti>l" Phorie'(406)1\87.on,
. , NC. Pt""",,,,, Fox: (406) 587."76
An EmpID~OIN~C(Jmptllfy
~ C>MOMISQN.MAI!N..~.INC.. 2OD8
N;\4165\OO'\ACAOIEeM;telE""""""".dwv Ploned by "hog"" 0" Od/412006
ORAWN BY:.AW....-
CHK'O. BY'~ BOZEMAN
APPR, BY:....!t.!.!.....
OATE,~
PROJECT NO,
4185.001
BAXTER SPRINGS
MT
FIGURE NUMBER
ACCESS EASEMENTS
Al
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EXHIBIT A2
SHOWING TWO 30t-WIDE ACCESS EASEMENTS ACROSS LOT A OF MINOR SUBDIVISION NO. 362 LOCATED
IN THE NEl/4, SEe 2, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
DESCRIPTION
Two 30'-wide access easements across Lot A of Minor Subdivision No. 362 located in the NE1/4,
Section 2, T2S, RSE, P,M.M.. City of Bozeman, Gallatin County, Montana. the centerlines of which
are further described as follows:
EASEMENT 1
Beginning at a point on the narth line of said Lot A which bears S88'S8'E a distance of 230,8
feet from the northwest corner of said Lot A: thence S12'47'E a distance of 184.8 feet; thence
S04'40'W a distance of 397.6 feet; thence S88'S8'E a distance of 357.6 feet; thence N02'S1'E a
distance of 480.0 feet: thence N41'4S'W a distance of 72.8 feet; thence N01'13'E a distance of
43.0 feet to the north of line of said Lot A.
EASEMENT 2
Beginning at 0 point on the centerline of Easement 1 which bears S12'47'E a distance of 122.4
feet from the Point of Beginning of said Easement 1; thence S88'4S'E a distance of 361.8 feet
to the centerline of said Easement 1.
WHERE TWO PIPES LIE WITHIN EASEMENT, SAID EASEMENTS ARE CENTERED BETWEEN SAID PIPES.
WHEN ONLY ONE PIPE LIES WITHING SAID EASEMENTS, SAID EASEMENTS ARE CENTERED ON SAID
PIPE.
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Shelley Vance-Gallatin Co MT MISC 55 00
.111\... MORRISON """'"""'" 901 T"""""'<>gyBMI.
.:,.,' SuMt)Q'l: BozemanMT59718
" S__ Phon.' (406) 587-0121
.. MAIERLE, INC. _nn"", Fax: (406) 587.11n
An ""'nloy<O-Ownod CWIlf"'lY
ORAWNBY.~
CHK'D, BY:~ BOZEMAN
APPR, BY,....!8Y......-
OATE:~
BAXTER SPRINGS
PROJECT NO,
4165,001
MT
FIGURE NUMBER
COP~OHf (I MORRISON-MAlEfIlE, ~" 2000
ACCESS EASEMENTS
A2
N:\4185\OO1\ACADlEx"'....\E............""'Il PI"""" by nnogon on 001/4/2006