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HomeMy WebLinkAbout07- Fellowship Baptist Church Easement PUBLIC STREET EASEMENT Fellowship Baptist Church of Bozeman, 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 411 East Main, Bozeman, Montana 59715, GRANTEE, its successors and assigns, perpetual street and utility easements for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, 30-60 feet wide to be located on the following described real property: Lot 5 Annie Subdivision Phase 2 Plat 1-204 These easements are more particularly described on the attached Exhibit(s) ~ALwhich 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 L day of 1-'""1 ,20fl. // ,Ji By: __,'" '<lid IGrantor STATE OF MONTANA ) ):ss County of Gallatin ) On this ~ day of fY\.~ ' 20 01-, before me the undersigned, a Notary Public for the State of Montana, personal appeared TI'Ll1""') She.<L , known to me to be 'I (.I 0. f,l.r.. J(' of 'f=. 'B .c.., and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalfof ~~/\,\"""~\,,;~ ~~~~t ~cJ-..~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. , ~ ! I ,i t I ' ,ili. Nile."'" '. < /. .~~ ", ,-, it\R/4,'.1) ~- . ,..'. ' ~.. ::: (SEAL) \~l~~ No ry Public for the State 6f Montana \)eo/VA rY\.. '<'r'\ ,\ \e A. (Printed Name) Residing at ~}~""" "" c., . VlG. \ \_ Co. My Commission expires ,-4r'~\ / '2. I /20~ , " -- 'SEAt . *: I;' >.) :.... :: ",' .~' ,>-"....." .'_t<.'il\" '1F ~O~.> ' ... ACCEPTED: CITY OF BOZEMAN by City Manager ATTEST: City Clerk STATE OF MONT ANA ) County of Gallatin )ss. ) On this day of ,2_, 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. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires _/ 120_ A 1 " AFFIDAVIT "EXHIBIT SURVEY MAP & EASEMENT PROPERTY DESCRIPTION: SEE PAGE 2 19' N8S.51, 40"E 322.5L SO'-36'41-V' ,- 29.95 Exislklg .10' wIdtJ Public 5ltHt -and Vllity f_--.nt ~ L ,I ~ til he ~ 00 ."", ~I IR ~ }U t\I IR~I ~~ ~ eO~ I~ ~I ~ ~~~~ ~ s'U~ ~ 'l" o~ u ~~ ~~s 1"~ ~ ~V'~ fI, ~ '= 0, .2 _ 0..... . ..... Q ~;.. : If) -.... -,..,' 0 Cl)ct) '. /W) ii 4.i -..... t::: ~ Q -~ I-tj go ~ l:l I .,; '" ... ~ € I fa ~ I ~ m ~ &1 U) II o~g ::; Zt-u.. ~ 11 <zO A; - o~UJ ~: C5~~ ~ ~ ~I ~~tii ~ 01( t ~~~ ~;,.,I ~...JUJ ! ~ il(~S~ .. J 45' 45' ~ I tj ~ I N ~ i I ..J ~ ~ I ':' o Z I I "I I I , EXISTING PROPERTY LINE ~L=199.43' R=340.00' f t DELTA=33.36'24" \ I ~ CHORD=196.58' ~ ' ; N15.00'33"W .~. \\~~- CL NEW 60' ROAD AND , b UTILITY EASEMENT, 30' "/.. EACH SIDE OF CL ~6' ' ~~ ~~ \ EXISTING PROPERTY LINE (9. \p. LOT 5 '&.. Fellow Baptist Church ~ of Bozeman 796 0, Page 2195 ~ SCALE 1"=200' ROSE PARK City of Bozeman Property L=220.96' R=400.00' DELTA=31.38'5S" CHORD=218.16' N15.5S'1S"W S8S"41'OS"W S01.47'54"W 488.42' 32.50' CENTER OF SECTION 2, T2S, R5E, P.M.M. I ~ ~ -' b IQ BASIS OF BEARING: GPS PROFESSIONAL LAND SURVEYOR' S CERTIFICATION: I, James Goebel, Professional Land Surveyor, Montana Registration No.14531 LS, do herby certify that thi survey shows the true and correct dimensions of the above described easement. Signed:_ ~__~...!_~_ J~-;::.ti.~oebel, 14531 LS Date:__-rt.b.-..__-2r_h.:L___ ~ 10155 Montana St PO Box 3588 Butte, MT 59701-2839 Phone: (406) 723-8213 Fax: (406) 723-8328 LOCATED IN THE ANNIE SUBDIVISION SECTION 2- T2S, R5E. P.M.M. GALLATIN COUNTY. MONTANA DRAWN BY: James M. Goebel DATE: 2/07/07 DRAWING: N25 easement.dwg PAGE 1 OF 2 . . -7 ., "EXHIBIT A2" EASEMENT SURVEY AFFIDAVIT & MAP EASEMENT DESCRIPTION: A Roadway & Utility Right-of-way Easement, 60 feet in width, 30 feet on each side of the following described centerline, located in the NE% of Section 2, T2S, R5E, P.M.M., Gallatin County, Montana, and more particularly described as follows: Beginning at a point on the north right-of-way of Oak Street, which is common with the south line of the Annie Subdivision, Phase 2, from which point, the Center Quarter of said Section 2 bears South 89'41 '06" West, 488.42 feet, thence, South 01'47'54" West, 32.50 feet; Thence, from said point of beginning, North 00'09'46" West, 142.73 feet to a point of curvature; thence, 220.96 feet along said curve to the left, with a radius of 400.00 feet, a delta angle of 31'38'59", and a chord bearing North 15'59'16" West, 218.16 feet; thence, North 31'48'45" West, 67.59 feet to the point of curvature; thence, 199.43 feet along said curve to the right, with a radius of 340.00 feet, a delta angle of 33'36'24", and a chord bearing North 15'00'33" West, 196.58 feet; thence, North 01'47'39" East, 699.68 feet to the north line of said Annie Subdivision, Phase 2, from which point, the said Center Quarter of Section 2 bears South 15'16' 19" West, 1383.11 feet. ALSO, a Roadway & Utility Right-of-way Easement, 45 feet in width, located in the NE% of Section 2, T2S, R5E, P.M.M., Gallatin County, Montana, and more particularly described as follows: The West 45.00 feet of Lot 5 of the Annie Subdivision Phase 2, Plat J-204. This easement RELINQUISHES any previous easement for access and utilities along the property line between Lot 5 and Rose park, as shown on said plat. ~ 1015 S Montana St PO Box 3588 Butte, MT 59701-2839 Phone: (406) 723-8213 ..... Fax: (406) 723-8328 LOCATED IN THE ANNIE SUBDIVISION SECTION 2-T2S, R5E, P.M.M. GALLATIN COUNlY, MONTANA DRAWN BY: James M. Goebel DATE: 2/07/07 DRAWING: N25 easement.dwg PAGE 2 OF 2 ~