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Home My WebLink About09- PT Land, Public Street and Utility Easement and Temporary Cul-De-Sac Easement, 2009,, .~ ~' 0U 0UI ~E a a iii a -~ r- ~«~ N C- m o= 0U- Q1 C ~ e~= N ro- cq ±= i~;~= a ~- ~m = ~ ~= ~_ M~~= N ° ~- Mm°= N ~L= av= Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 PUBLIC STREET AND UTILITY EASEMENT AND TEMPORARY CUL-DE-SAC-EASEMENT PT Land, a Montana general partnership, GRANTOR, in consideration of $ 1.00 and for other good and valuable consideration, 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, the following easements, for the use of the public, in, through, and across a parcel of land situated in Gallatin County, Montana, to be located on the following described real property: Tract 2A of Certificate of Survey 1215F, situated in the northwest 1/4 of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana: 1. A perpetual street and utility easement as described on the attached Exhibits A, A-2, and B which by this reference are made a part hereof. 2. A temporary easement for a cul-de-sac as described on the attached Exhibits A and C which by this reference are made a part hereof. This temporary easement for a cul-de-sac is for use with the portion of Tschache Lane which runs between North 19~' Avenue and the cul-de- sac, which portion of Tschache Lane will be paved and otherwise improved in connection with the development of the Saccoccia Minor Subdivision. When Tschache Lane has been paved and otherwise improved to the east of the cul-de-sac, the Grantee and the Grantor will execute and record an agreement which terminates this temporary easement for a cul-de-sac. 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 ~~-day of Grantor STATE OF MONTANA ) )ss. County of Gallatin ) This instrument was acknowledged before me on 2007 by Jerry Perkins, as Partner of PT Land, a Montana general partnership '""""'~tt`IId WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial * ~*5 ,,Sea~tfi~~'~l~y and year first above written. ~-,, . , c, -n : ~i ~. ', ;i~ v . ~.... ti,' J q .. :,., ~~""' °"`' ~ N tary Public for the State of Montana (Printed Nam Residing at My Commission Expires ~~/~/200 Jerry Perkins Partner PT Land 4 ACCEPTED: CI BO E by City Manage ~- ~'` tea. M :~: .. ~`~~TATE~~OF~A4~Nx~ANA ) f~~. ~. ~., SS. *~~ ~ ) Co~lnty:.gf~Oallatin ) Q~ On this ~ day of , 20 ,before me, a Notary Public for the State of Montana, rsonally a eared CHRIS~UKULSKI and ,stRt~ U I v+~e r~ ,known to me to be a 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) ~~`~~~ ~ tiL~O. ~;, • t~ ,. ~~< c N. ~~~ :rr iy~ ' ~Q` of M ,FPririted N e~-~ Residing My Commi 'on xpires _/ /201 ~ LEGEND _\ N '\ ^ US PUBLIC LAND SURVEY CENTER SECTION CORNER MONUMENT `\ ^ GREEN PLASTIC CAP MARKED "14456LS" ~~ ~ \ ~ YELLOW PLASTIC CAP MARKED "SS&G" ~F ~\ P,Q,C, POINT OF COMMENCEMENT `\ P.O.B. POINT OF BEGINNING .\ TRACT SEE EXHIBIT A-2 `\ 1B2 FOR DETAIL ~\ cos ~\ 1215E ~\ 60' RADIUS ~\( TEMP. \ CUL-DE-SAC 60' PUBLIC ~\ EASEMENT STREET AND UTILITY `\, EASEMENT \ i ~ ~ ~ BLOCK 3 ~ 30 AMENDED P.O.B~ /~ \ S87'S1 15 E 1259.02' PLAT OF r - - ------------- '-- a ~ -- - ------------------------------ BLOCK 3 LOT 3 ~ - - - - ---------- TANGE'S BR/DGER • ~1i~ 30' SUED/VISION PEAKS - VILLAGE SUED/VSION, TRACT 2A LOT 5 COS 1215E N N M •-- W BR/DGER N PEAKS N VLLAGE N SUBDIVSION, N LOTS Z 1-4 TRACT 3A COS 1215E - OAK STREET 1392.47' WALTON HOMESTEAD SUBDl1/SION, L07S 8-19 COS 2439 GRAPHIC SCALE aoo ,ao aoo (~~~) 1 inch = 300 ft. LINE TABLE LINE BEARING LENGTH L1 S87'51'15"E 107.67' DOCUMENT ~ 2037444 BLOCK 3 AMENDED PLAT OF BLOCK 3 LOT 4 TANGE'S SUBD/VISION BLOCK 3 AMENDED PLAT OF BLOCK 3 LOT 5 TANGE'S SUBD/VISION P.O.C. CENTER 1/4 SECTION 1 T2S, R5E N87'S5'37"W ~ N SEE EXHIBIT A FOR LOCATION OF DETAIL LEGEND YELLOW PLASTIC CAP MARKED "SS&G" F.O.B. POINT OF BEGINNING GRAPHIC SCALE so za so LINE TABLE ` it~soK ~ EXI-IIBITA-2 (~ SET) LINE BEARING LENGTH ~,,. ~- =`= -" TO ACCOMPANY LEGAL DESCRIPTIONS OIGNNO NNK: 1 inch = 50 r~ L1 S87'51'15"E 107.67' ~,N~~~ ~~°'~' ~~~'~ Willi ~.MN~pY10IJ1~C .I ~ UL "I[I PUBLIC STREET AND UTILITY EASEMENT LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN AND BEING A PORTION OF TRACT 2A C.O.S. 1215F, SITUATED IN THE NW 1 /4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER ONE-QUARTER (1 /4) CORNER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., THENCE ALONG THE EAST-WEST MID-SECTION LINE OF SECTION 1 N87'55'37"W A DISTANCE OF 1392.47 FEET TO A GREEN PLASTIC CAP MARKED "14456LS"; THENCE LEAVING SAID MID-SECTION LINE ALONG THE WEST BOUNDARY OF TRACT 2A AS SHOWN ON C.O.S. 1215E N02'22'22"E A DISTANCE OF 1329.92 FEET TO A YELLOW PLASTIC CAP MARKED "SS&G" AND THE POINT OF BEGINNING OF THE CENTERLINE OF A 115 FOOT PUBLIC STREET AND UTILITY EASEMENT BEING 40 FEET ON THE SOUTH SIDE AND 75 FEET ON THE NORTH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE S87'S1'15"E A DISTANCE OF 85.58 FEET AT WHICH POINT THE PUBLIC STREET AND UTILITY EASEMENT BECOMES 60 FEET WIDE BEING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE S87'51'15"E A DISTANCE OF 1259.02 FEET TO THE WEST BOUNDARY OF THE 65 FOOT NORTH 11TH AVENUE EASEMENT AS SHOWN OF C.O.S. 1215E AND THE POINT OF TERMINATION; THE SIDE LINES OF SAID PUBLIC STREET AND UTILITY EASEMENT TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE WEST BOUNDARY OF SAID NORTH 11TH AVENUE EASEMENT AND AT THE WEST BOUNDARY OF SAID TRACT 2A. SAID PUBLIC STREET AND UTILITY EASEMENT CONTAINS 1.96 ACRES OF LAND MORE OR LESS. TEMPORARY CUL-DE-SAC EASEMENT LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN AND BEING A PORTION OF TRACT 2A C.O.S. 1215F, SITUATED IN THE NW 1 /4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER ONE-QUARTER (1/4) CORNER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., THENCE ALONG THE EAST-WEST MID-SECTION LINE OF SECTION 1 N87'S5'37"W A DISTANCE OF 1392.47 FEET TO A GREEN PLASTIC CAP MARKED "14456LS"; THENCE LEAVING SAID MID-SECTION LINE ALONG THE WEST BOUNDARY OF TRACT 2A AS SHOWN ON C.O.S. 1215E N02'22'22"E A DISTANCE OF 1329.92 FEET TO A YELLOW PLASTIC CAP MARKED "SS&G"; THENCE S87'S1'15"E A DISTANCE OF 107.67 FEET TO THE CENTER OF THE HEREIN DESCRIBED 60 FOOT RADIUS TEMPORARY CUL-DE-SAC EASEMENT. SAID TEMPORARY CUL-DE-SAC EASEMENT CONTAINS 0.26 ACRES OF LAND MORE OR LESS. Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dustin Johnson, Project Engineer Chris Kukulski, City Manager SUBJECT: PT Lands -Public Street and Utility Easement and Temporary Cul-de-sac Easement MEETING DATE: 1/20/09 BACKGROUND: Attached are copies (original to Stacy Ulmen), of the partially executed easements for the public street and utility easement and temporary cul-de- sac easement for the above referenced project. Engineering staff has reviewed the easements and found them to be acceptable. RECOMMENDATION: FISCAL EFFECTS: ALTERNATIVES: Authorize City Manager to sign. N/A None Respectfully submitted, Dustin Johnson, P oject Engineer Chris A. Kukulski, City Manager Attachments: Easement Documents Report compiled on 1 /9/09