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HomeMy WebLinkAbout09- Bozeman Lakes LLC Public Street and Utility EasementRETURN TO: City Clerk, City of Bozeman P.O. Box 1230 Bozeman, MT 59771 2342377 ~' ,PIAj~>~D~ _ Page: 1 of 4 09!16!2009 11:19:52 AM Fee: $28.00 Charlotte Mills -Gallatin County, MT MISC IIIIIII IIIIII III IIII IIIIIII IIIIII IIII(IIIIIII'VIIIIIIIIII IIIIIIIVIIIIIII IIII PUBLIC STREET AND UTILITY EASEMENT BOZEMAN LAKES LLC, GRANTOR, in consideration of $1.00 and other valuable consideration, 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, 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 the City of Bozeman, Gallatin County, Montana, to be located across the following described tracts of land: Tract 1 of Certificate of Survey No. 10056 and Tract 2A of Certificate of Survey No. 1005C situated in the N1/2N1/2 Section 9, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit A, which by this reference is made a part hereof. GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. GRANTOR further agrees that GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by 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 , 2009. BOZEMAN LAKES, L.L.C.. a Montana limited liability company By: Bozeman L & A, L.L.C., an Arizona limited liability company Its: Managing Member By: Bozeman Aspen, L.L.C., an Arizona limited liability company Its: Sole Member By: M & C Property Development, L.L.C., an Arizona limited liability company Its: Sole Member By: D.L. Meyers, Inc., ts:. an Arizona corporation _.._.__Maraa e~. By: Donal s, res}dent STATE OF ARIZONA ) )ss. County of Arizona ) On this~day of ~c>L ~ , 2009, before me the undersigned, a Notary Public for the State of Arizona, personally appeared, Donald L. Meyers, known to me to the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of BOZEMAN LAKES, L.L.C., a Montana limited liability company, in his representative capacity as stated therein. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Arizon (SEAL) psOl'~9~'.~sWw off.>y-...:: ..., _:.. ~::. _:..':. ..6..~J+4'iWMI1/N i OFFICIgL ~ ~ ALETHA ANNA MONTAGIE ~ }dotary PutNic - state of Arizon. !~ MAR}COPA COUNTY 'F.~w«K „ew..~..~..~~,rmp.),res Api 92011. - ,«,,,.~,...s~ ~ (e,-~GtA l~-i-tna V1~©n 1~,ao, ye (Printed Name) , Residing at ~~t,v eat cX , ~2... My Commission Expires _~/~/20~// ACCEPTED: :-: ~~ CITY OF BOZEMAN ~, ` '~ "" •~ City Manager ~~ .: ~ ~ ~ ~~~- ;r ~~ ~ ,Ar - ~fvA ~ On this J ' day of ~ , 2009, before me the undersigned, a Notary Public for the State of Montana, personally appe d CHRIS KUKULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk, respectively, for 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. \~~~~~1 I I I I I ////~~ Not Public for the State of Montana (SEAL)\\~~~`~EE KISS~~~ P.~ -; ~ NOT71ItIRL .~ , ~~ (Printed Name) Residing at My Commission Expires / /20 AIMEE KISSEL NO-fpRV F'UF3 LIG FOR THE STLITE OF MONTpN n' RESIC~~N ONTANA FaOZEMnN. M MV C~OMMI_~tilU~ JE AF'IRE'-~ 1 2 U~1 EXHIBIT A SECTION N 1 /4 COR. LINE SEC. 9 A 90'-WIDE PUBLIC STREET & - _ _ _ _ _ UTILITY EASEMENT ACROSS 9 THE N1/2N1/2 SECTION 9, T2S, - - - RSE, P.M..M., CITY OF BOZEMAN, EXISTING 45' ~ ~ EXISTING 45' GALLATIN COUNTY, MONTANA PUBLIC STREET ~ PUBLIC STREET EASEMENT ~ I I~ EASEMENT FILM 180,PAGE 80~ I FILM 180,PAGE 75 (DURSTON ROAD) ~ I) (DURSTON ROAD) DESCRIPTION ~ I ~ A ninety foot (90') wide strip of ~ I~ land, forty-five feet (45') on each ~ I ~ side of centerline when measured at ri ht an l t b d ~ - ' ' ~ ~ 0' ~ 45 g g es, o e use as a public 4- 45.0 I ~ . - street and utility easement located ~ in the North ~~ of the North ~~ of ~ I ~ N-S MID- Section 9, Township 2 South, Range ~ SECTION LINE 5 East, the centerline of which is ~ ~ described as follows: ~ I~ Beginning at the North ~/ corner of ' I TRACT 2A TRACT 1 said Section 9; thence southerly COS 10058 ~ I ~ COS 1005C along the North-South centerline of ~ I said Section 9 to the Center-North ~ I I 1/16 corner of said Section 9. ~ 90' PUBLIC The sidelines shall be prolonged or STREET & shortened as to begin on the North i ~ UTILITY EASEMENT line of said Section 9 and to l terminate on the East-West ~ I mid-quarter section lines of the ~ I I ~ respective Northwest % and the ~I ~ EXISTING 65' Northeast 1/a of said section. ~ ~ PUBLIC STREET & ~ UTILITY EASEMENT ~ ~ PER DOC. No. 2257277 E-W ~ ~ I I ~ N1/2 ~I I ~ SEC. 9 i I I ~ SEC 1916 COR. ~ ~ 0 200 UNPL4TTED UNPLATTED ( IN FEET ) ~ MORRISON Engineers 901 Technology Blvd. DRAWN BV: SMR/JCH Sunre rs Yo Bozeman MT 59718 CHK'D. BV: KDJ Snengats i~ MAIERLE INC P/anners Phone: (406) 587-0721 APPR. BY: SMR . ~ Farz: (406) SB7-1176 Ai. Fenployee-Owned Company DATE: 7/22/08 I H:\3384V1NNEXATION PloBetl by: jhockatlay JW25/2008-02:43:56 VALLEY WEST MINOR PUD PROJECT NO. EMAN MT 3384 PUBLIC STREET & FIGURE NUMBER UTILITY EASEMENT A L~ • Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Sue Stodola, Project Engineer ~$ Rick Hixson, City Engineer Chuck Winn, Assistant City Manager SUBJECT: Public Street and Utility Easement from $ozeman Lakes LLC Valley West Subdivision MEETING DATE: July 27, 2009 AGENDA ITEM TYPE: Consent RECOMh~NDATION: Authorize City Manager to sign the Public Street and Utility Easement, BACKGROUND: There is an existing Public Street and Utility Easement for Laurel Parkway south of Durston Road through the Valley West Subdivision. The attached Public Street and Utility Easement will widen the existing easement from 65 ft to 90 ft for a collector status road. It was required as a condition of approval far modifications to the subdivision's PUD. The easement has been provided by the developer to satisfy this condition of approval. Engineering staff has reviewed the easement and has found it to be acceptable. FISCAL EFFECTS: NiA ALTERNATIVES: None Attachment: Public Street and Utility Easement Report compiled on 7/21/09 • cc: Project File 27