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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 ,- . t 'I f++f:e( h-li~j re~rn -Iv: 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 f.{) ~ 1 (":.! 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 ~~~--~=~~=-r ~~ -IY--'--' ~ ~ _ _ _ ~~~~:;'~~f Signature ~ 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 t ~ Ii 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 36, __n_ _'n_ _n _n___ -- -- _ _ ----_nnn__ __ _n ----n________n__ __ _ n _ _, 35 1 I , -~ I , ,I ~:! I: - I I I, 'h 'W I' 0_ m!.:t! ~~ 0' U): ! i ___~..J P.O.C. --- ~-... --- - - - -- ~- -... --- -- -------- - - --~- ---~- ---- ---- ---~cl? ... ':!vvc ~ S88'10'57"E " " " " " " " " " " " " , I, ,! :; " :,' :: " J II : I: : II I :1 : , , , i , , : I , J : I : , , I : , , : I I' : : :1 : I J: , , , , , , , , , , , , , , . , , , , , , , , , :! C.O.s. . , L_ +___________ --_121SG.___ --...-, . , 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 t--J---""""" I ( IN FEET ) 1 inch - 250 fl TRACT2B2 OF C.O.S. 1215G 796.19' 15.50' P .O.B. - ~ ...-- ~ oj oj to to (0 (0 ~ ~ 'h ,.., P P 0) 0) ,. "'It . ~ ~ 0 0 U) U) EASEMENT AREA TRACT 2B2 OF C.O.S. 1215G _n_ -__n___t nn_ _n____n_____ _nn~___n ___ 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' 2!lO I "';'~ ' . -- .. == .:: EXHIBIT B PUBUC STREET EASEMENT .... _ ..... tA111MI ..... ~ ~~ ,.e44tt ....... -- .........~.-._~