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HomeMy WebLinkAbout06- Easement Baxter Springs LLC ... City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 1111111111111111111111111111111111111111111111111111111 ~~7~~r~~~A Shelley Vance-Gallatin Co MT MISC 55 00 t!~n'" Q , 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. 1111111111111111111111111111111111111111111111111111111 ~~7~~r~~~A Shelley Vanoe-Gallatin Co MT MISe 55 00 - ..-- 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. " - II ,,\ (.. \..E.E SILl I" '" '\\'':.... .~I/1;. "..... ... c) . . '~ ..... ~ft~. __ ~~~ -. 2{:' 's\O I An//1 /. <) _ - CYSEAT \ ','1) - : 7\ -r--" : 0 - - *. (;-' ",,'" - ", ' I~ ir. . '/(" - - . 'S~"'I"f ....__ ~ (j') . L,.. <h;.......J.J1., 41;i.".!. ...... -:.. .'), . . . ,:'or ..... ..... -if';. . <C'" ..... ..... ".. . . . ''',\'?-' ......... " ':!- ,\-. ..... 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: IIIIIIIIIIIIIIIIIIIIIIIIII_II~IIIIIIIIIIIIIIIII ~~7j~5:~~, Shelley Vanoe-Gallatln eO MT MISC 55,00 -. --- .--- 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 I I I I I I I I I I L 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' I I ,- I EXISTING 20' UTILITY ;- EASEMENT PER MINOR SUB. 362 I I 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' 1111111111111111111111111111111111111111111111111111111 ~~7~~r~~~A 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 - ,- 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. 1111111111111111111111111111111111111111111111111111111 ~~~~~r~~~A 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