HomeMy WebLinkAbout07- Public Access Easement from City of Bozeman to Michael Christie, owner of Lot 70, Ph 2A, Babcock Meadows Sub
Bozeman City Clerk
P.o. Box 1230
Bozeman, MT 59771-1230
PUBLIC ACCESS EASEMENT
The City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 411 East
Main, Bozeman, Montana 59715 GRANTOR, in consideration of$ 1.00 and for other and
valuable considerations, receipt of which is hereby acknowledged, grants to Michael D. Christie,
owner of Lot 70, Phase 2A, Babcock Meadows Subdivision, Bozeman, Montana, GRANTEE, a
public access and utility easement for a driveway and utilities for the use ofthe public in,
through, and across a 31 foot wide strip of land situated in Gallatin County, Montana, which is
located on the following described property: the Open Space parcel in Phase 2B. Babcock
Meadows Subdivision. directly east of Lot 70. Phase 2A. Babcock Meadows Subdivision.
The easement is more particularly described on the attached Exhibit A which by this
reference is made a part hereof.
The GRANTEE agrees:
(1) To construct and maintain the driveway 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 land appurtenant
thereto as the City reasonably deems necessary.
(3) To maintain entire said Open Space parcel by mowing all landscaped areas as needed and
to provide snow removal on the adjoining sidewalks.
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Charlotte Mills-Gallatin Co MTMISC 21.00
The GRANTOR warrants that they are lawfully seized and possessed ofthe 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 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 ofthe parties hereto.
DATED this ,5' day of ~ ,2007.
~;an~AF~U~
City Manager
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County of Gallatin )
On this /5 day of /H ~ ' 2m:tbefore me, a Notary Public for
the State of Montana, personally appeared HRIS 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 ~~mg~~ WH~REOF, I have hereunto set my hand and affixed my Notarial Seal the
day and,yeaf\f1ff:ftrq.~~~ wntten.
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EXHIBIT A
PUBLIC ACCESS AND UTILITY EASEMENT
g West Babcock street
Legal Description. g J t----\t-
That part of the Open Space 0
Parcel, BABCOCK MEADOWS n 45' DEDICATED RIGHT
SUBDIVISION, PHA-SE-2A, UGGvr din OF I WA Y
the plat thereof, on file and of t
record in the office of the Clerk an~11 -r-T 1
Recorder, Gallatin County, Montana, I I
described as follows: 1--15' PUBLIC AND t5\ ~
Commencing and the southeast UTILITY EASEMENT J <c ~
corner of Lot 70, BABCOCK I oj ~ ~
MEADOWS SUBDIVISION, PHASE 2A; 12' PUBLIC AN UJ ~ \
thence northerly 000.53'43" r UTILITY EASEMENT::;1 ~
assumed azimuth from north LOT 70 r--... Z
90.00 feet to the point of' I ~ W \ t5
~ 0.- ~
beginning; thence northerly ,-'- 0 ~
000'53' 43" azimuth 31.00 feet. I \ ~
thence easterly 090.53'43" 0 ' -.,
azimuth 37.41 feet to a point on I i
o curve with the center of circle [S89'0 '17"EJI . ~ }:j
lying westerly 280'55'20" azimuth 090'5 '43" f2 ui ~
270.00 feet; thence southerly I 2 37.41 I c;( ~ 0
30.36 feet on said curve radius ~'55'2 '..... Ct: --J c;(
270.00 feet and centrol angle I '"'---0_ <J
06':.26' 31"; thence southerly AREA OF
197'22'44" azimuth 1.53 feet I 1,055
tangent to said curve; thence
westerly 270.53'43" azimuth 30.02 I 270'53'43" :/1.53
feet to the point of beginning. j /
[N89'06'17"W] / ~
Area of Eosement=1,055 square fee, I . ,
0.0242 acre, 98.0 square meters. NEW PUBLIC ACCESS & 1. ~
I UTILITY EASEMENT ~ ~ ~
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60
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18
Scale In Feet
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Scale In Meters
L LOT 69
60
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S R LO 70,
BAB OCK
ME DOWS
jsu DIVISI N PH S
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#071 i 1 (~1)
Engineering and Surveying Inc.
1091 Staneridge Drive. So..mon, MY 59718
Phone (406J 587-1115 . Fox (406) 587.9768
WNW.chengineers.com . info@chBnginsers.com
Sheet 1 of 1
Charlotte Mills-Gallatin Co MTMISC 21.00
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