HomeMy WebLinkAbout09- Town & Country Foods Public Street & Utility Easementr
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PUBLIC STREET AND UTILITY EASEMENT
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TOWN & COUNTRY FOODS, INC., 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 121 North Rouse Avenue,
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 strip of land situated in Gallatin
County, Montana, 15, feet wide to be located on the following described real property: Lot 9 of
Tai Lane Addition, City of Bozeman, Gallatin County, Montana, according to the official plat
thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County,
Montana. (Plat Reference: I-3)
The easement is more particularly described on the attached Exhibit "A" which 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 ~ day of , 20~.
By:
CORPORATE:
STATE OF MONTANA )
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County of Gallatin )
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Grantor `~~,~„!~,-~,,~
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On this ~-~ day of U i ~" , 20~, befor me the undersigned, a Notary
Public for the State of Montana, personally •~ peared /' '~._, known to
me to be7h~' ~{~f/~~! f of~ ~ d the person whose name is subscribed to
the within instrument and acknowled ed to me th a executed the within instrument for and on
behalf of ~ GYM!
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
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Notary Public fo
State of Montana
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Residing at G~.>
My Commission expires /~_/20~
ACCEPTED:
byTYn OF;B~ZE N
City Manager
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N 89°40' 25"~. 3G8.81 ' (M
N89'24'16"E 308.7,;'~R;
(M) =Measured I
(R) =Record per Tai Lcre Addition Pla: i-3
BASIS OF BARING: ?rcnsve~se Mercator Projeaticn
at orounc level w;t~", ~ent~c. Meridiar: at I
45'39'4C.37o46"N, 111'02'42.G1C~~2"4V. North by ~
G?S observatior: (',~`GS84}.
GRAPHIC SCALE
1" = 60'-0"
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0~ 15' WIDE PUBLIC
"~ STREET & UTILITY
EASEMENT
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S89°40'27"~~' 309.3~'(M; P.o.B.
589'24'le"'W 3C9.44';R)
Easement Description
A 15 foot wide public street and utility easement located in the southwest a of Section 13, Township 2 South, Range 5 East, P.M.M., Gallatin County,
Montana, situated an Lat 9 of the Tai Lane Addition Plat 1-3 and being more particularly described as follows:
Beginning at the southeast comer of said Lot 9, thence along the south boundary of said Lot 9, S89°40'27"W, 15.00 ft.; thence, leaving said south
boundary, N00°12'39"E, 391.55 ft. to a point on the north boundary of said Lot 9; thence along said north boundary N89°40'25"E, 15.00 ft. to the
northeast corner of said Lot 9; thence along the east boundary of said Lot 9, S00 12'39"W, 391.55 ft. to the point of beginning, containing 0.135 acres.
~ L'iAJ<11011 A
~~pT ~/1 m~ppp~~ ` }~~v ~~pp~/p~~ VAN BRYAN Ll West Babcock St
1 OF 1 ryDldV p11aC81 Q1 Vll{ 1 ['ffplul~u'1~1 STUDIO ARCHITECTS Bozeman, MT 59715
11ATFi 127.09 P: 406 586-4777
DRAR~i ~ ELR F: 406 586-4778
THE CITY OF BOZEMAN
20 E. OLIVE • P.O. BOX 1230
BOZEMAN, MONTANA 5977 1-1 230
ENGINEERING DEPARTMENT
PHONE: (406) 582.2280 FAX: (406) 582-2263
REPORT TO:
FROM:
SUBJECT:
Commission Memorandum
Honorable Mayor and City Commission
Brian Heaston, Project Engineer
Chris Kukulski, City Manager
Public Easements -Town & Country
MEETING DATE: February 9, 2009 Consent Agenda
RECOMMENDATION: Authorize the City Manager to a Public Street Easement and Public Access
Easement for the Town & Country Development.
BACKGROUND: The new Town & Country site is bound on its east flank by S. 11th Ave, a
designated Collector street per the adopted Transportation Plan. As a condition of final site plan
approval, Town & Country is required to provide a 15' wide public street easement for 1 lth Ave
to conform to the minimum Collector standard of the Transportation Plan. The public street
easement has been executed by the property owners and is attached. Engineering staff has
reviewed the document and has found it to be acceptable.
Also attached is a public access easement to accommodate portions of a meandering sidewalk
along 11th Ave outside of the street right-of--way. The easement has been executed by the
property owner and found acceptable by engineering staff.
FISCAL EFFECTS: N/A
ALTERNATIVES: None recommended.
Respectfully submitted,
Brian Heaston
Project Engineer
Attachments: (1) Public Access Easement
(1) Public Street Easement
Report compiled on January 30, 2009
cc: Project File
Approved by:
Chris A. Kukulski
City Manager
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