HomeMy WebLinkAbout07- Saccoccia Easement
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: Steet and Utility Easement for Saccoccia Minor Subdivision (#P-07013)
MEETING DATE: Monday, June 4,2007
RECOMMENDATION: Authorize City Manager to sign.
BACKGROUND: Attached is a copy of the partially executed easement for street and utility
improvements for the above referenced project. This is for an internal driving lane on the east side
of Lowe's. Engineering staffhas reviewed the easement and found it to be acceptable.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: Not applicable.
ALTERNATIVES: None.
CONTACT: Please email LanetteWindemakeratlwindemakercmbozeman.netifyou have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
,-
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Susan B. Swlmley
Attorney & Counselor at Law
1807 W. Dickerson, liB
Bozeman. MT 597 IS
PUBLIC STREET EASEMENT
Lowe's HIW, Inc., a Washington corporation, 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, a perpetual street and utility
easement for the use of the public, in, through, and across a parcel ofland situated in Gallatin
County, Montana, to be located on the following described real property:
Tract 2B1 of Certificate of Survey 1215G, situated in the northwest ~ of Section 1,
Township 2 South, Range 5 East, P .M.M., City of Bozeman, Gallatin County, Montana.
The easement is more particularly described on the attached Exhibits A and B, which by
this reference is made a part hereof.
The GRANTOR states that it possesses the real property described above and that it 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 i!!day of January, 2007.
GRANTOR
Lowe's HIW, Inc., a Washington corporation
By: ~~ I. A'
Grantor
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STATE OF CALIFORNIA )
:ss.
County of San Diego )
On 5~1h(!.."I~.,;2,/J 7. before me, elite/SnAiL ~AtJtpT1
notary public, personally appeared Michael L. Skiles, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seaL
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Signature
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ACCEPTED:
CITY OF BOZEMAN
by
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
:ss.
County of Gallatin )
On this day of .2007, 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, ofthe 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_
2
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EXHIBIT A
LEGAL DESCRIPTION OF PUBLIC STREET EASEMENT
Parcel 1: A parcel of land located in Tract 281 of Certificate of Survey 1215G, situated in the
northwest 1/4' of Section 1, Township 2 South, Range 5 East, P .M.M., City of Bozeman, Gallatin
County, Montana, more particularly described as follows:
Commencing at the northwest comer of Section 1, T2S, R5E, P.M.M.; Thence along the west line
of said Section 1 S01D49'03"W, 394.18 feet to the northwest comer of Tract 281 as shown on
Certificate of Survey 1215G; thence along the north line of said Tract 281 S88D10'57"E, 796.19
feet to the POINT OF BEGINNING; said point also being the northeast comer of said Tract 281;
thence along the east line of said Tract 281 the following five (5) courses: (1) S01D49'03"W,
668.11 feet to the beginning of a 315.00 foot radius curve concave to the northwest; (2) thence
along said curve, thro~gh a central angle of 15000'00", an arc length of 82.47 feet; (3)
S16D49'03"W, 7.90 teet to the beginning of a 290.00 foot radius curve concave to the southeast;
(4) thence along said curve, through a central angle of 14D59'57", an arc length 0175.92 feet; and
(5) S01 D49'07"W, 53.85 feet to a point on the north line of a 60 foot wide Access and utility
Easement as shown on Certificate of Survey 1215G; thence along said Access and Utility
Easement N89D03'24"W, 32.12 feet to the beginning of a non-tangent curve concave to the
northwest and having a radius of 49.50 feet, to which beginning of curve a radial bears
S39D48'21"E; thence leaving said Access and Utility Easement, along said curve through a
central angle of 481'22'33", an arc length of 41.79 feet; thence N01 "49'07"E, 17.34 feet to the
beginning of a 305.50 foot radius curve concave to the southeast; thence along said curve,
through a central angle of 14"59'57" an arc length of 79.97 feet; thence N16"49'Oa"E, 7.90 feet to
the beginning of a 299.50 foot radius curve concave to the northwest; thence along said curve
through a central angle of 15Doo'OO", an arc length of 78.41 feet; thence N01D49'03"E, 668.11
feet to a point on the north line of said Tract 281; thence along said north line S88D10'57"E, 15.50
feet to the POINT OF BEGINNING, containing 0.32 acres more or less, and subject to all
easements, and/or reservations, and/or dedications existing, shown or apparent on the ground.
== EXHIBIT A
== PUBliC STREET
EASEMENT
,. .'
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
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TRACT 2B1
OF C.O.S.
1215G
TRACT
283 OF
LEGEND
P .O.C. - POINT OF
COMMENCEMENT
P .O.B. - POINT OF
BEGINING
C.O.S. - CERTIFICATE OF
SURVEY
N
UNE
L1
L2
L3
L4
L5
GRAPHIC SCALE
2!10 ---f 125
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( IN FEET )
1 inch - 250 fl
TRACT2B2
OF C.O.S.
1215G
796.19'
15.50'
P .O.B.
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EASEMENT AREA
TRACT 2B2
OF C.O.S.
1215G
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CURVE TABLE
DELTA LENGTH
15'00'00- B .47'
14'59'57- 75.92'
48" '33'" 41.79'
1 4'59'57'" 79.97'
15'00'00'" 78.41'
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EXHIBIT B
PUBUC STREET
EASEMENT
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