The URL can be used to link to this page

Home My WebLink About10- CVS Pharmacy Public Sidewalk EasementRETURN TO: City Clerk City of Bozeman P.O. Box 1230 Bozeman, MT 59771 -1230 PUBLIC SIDEWALK EASEMENT THIS INDENTURE, made and entered into this day of 1 20 II) by and between the following: Montana CVS Pharmacy, LLC 1 CVS Drive Woonsocket, RI 02895, hereinafter referred to as GRANTOR and CITY OF BOZEMAN, a Municipal Corporation 121 North Rouse Avenue PO Box 1230 Bozeman, MT 59771 -1230, hereinafter referred to as GRANTEE Easement A 23 Page 1 of 6 04/16/2010 04 05:58 P F ee t lllllll Ilf III 111 IIII 11111 11111) 1111 1111 Hill �I�I III�II1 III VIII Illll �I�I 111 AN EASEMENT TEN FEET (10') IN WIDTH, BEING FIVE FEET (5') LYING ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: N:144801001,01 \Design Docs\Easements\Public- Sidewalk- Ease ment.docx Page 1 of 4 $42 00 MIs0 FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged; WITNESSETH THAT GRANTOR does hereby grant and convey unto the GRANTEE, perpetual easement to construct, reconstruct, maintain, operate, repair, and improve necessary fixtures and appurtenances for sidewalk, accessibility ramps, multi -use paths and/or accessibility drive approaches over, across, under, and through the real property more particularly described as follows: Beginning at a point on the north right -of -way line of West Main Street (United States Highway 191) that is N 88 9 46'04" W a distance of 49.08 feet from the southeast corner of Lot 1, Block 8 of the Amended Plat of Block 8 of West Park Manor First Addition recorded on October 23, 2007 under Document No. 2282461 of the records of the Clerk and Recorder of Gallatin County, Montana; thence along a curve to the right with a radius of 17.00 feet a distance of 6.09 feet (chord bearing is N 68 2 36'30" E, chord distance is 6.06 feet); thence along a curve to the left with a radius of 53.00 feet a distance of 64.17 feet (chord bearing is N 44 2 11'06" E, chord distance is 60.32 feet); thence N 9 2 29'58" E a distance of 62.84 feet; thence along a curve to the right with a radius of 97.00 feet a distance of 12.04 feet (chord bearing is N 13 E, chord distance is 12.03 feet); thence N 16 2 36'36" E a distance of 71.02 feet; thence along a curve to the left with a radius of 103.00 feet a distance of 23.71 feet (chord bearing is N 10 2 00'53" E, chord distance is 23.66 feet); thence N 3 E a distance of 178.54 feet; thence along a curve to the right with a radius of 27.00 feet a distance of 19.24 feet (chord bearing N 23 2 49'46" E, chord distance is 18.83 feet) to the POINT OF TERMINUS on the east line of Lot 2A, Block 8 of the Amended Plat of Block 8 of West Park Manor First Addition; whence said point bears N 3 9 27'09" E a distance of 8.17 feet from the southeast corner of said Lot 2A; Said described easement contains an area of 4,360 square feet, having sidelines shortened or extended as necessary to eliminate overlaps of existing rights -of -way. Easement B Beginning at a point on the east line of Lot 2A, Block 8 of the Amended Plat of Block 8 of West Park Manor First Addition recorded on October 23, 2007 under Document No. 2282461 of the records of the Clerk and Recorder of Gallatin County, Montana that is N 3 E a distance of 76.17 feet from the southeast corner of said Lot 2A; thence along a curve to the right with a radius of 18.00 feet a distance of 15.84 feet (chord bearing is N 2145'03" W, chord distance is 15.33 feet); thence N 3 2 27'09" E a distance of 87.75 feet; thence along a curve to the right with a radius of 22.00 feet a distance of 17.40 feet (chord bearing is N 26 2 06'27" E, chord distance is 16.95 feet) to the POINT OF TERMINUS on the east line of said Lot 2A; whence said point bears S 3 2 27'09" W a distance of 39.20 feet from the northeast corner of said Lot 2A; Said described easement contains an area of 1,206 square feet, having sidelines shortened or extended as necessary to eliminate overlaps of existing rights -of -way. N:14480 \001,01\Design. Docs\Easements \Public sidewalk- Easement.docx Page 2 of 4 IN WITNESS WHEREOF, the GRANTOR warrants that they have good right to convey, free and clear of all encumbrances; the above-described interests in the real estate described and have hereunto set their band. STATE OF County of 1 Lik On this day of SQ.it, kcilA 20C) bef9re e, a Notary Public in and for the State of personally appeared r who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledge to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity on behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of ir that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TO HAVE AND TO HOLD unto GRANTEE and to its successors and assigns forever. :SS /Lc (AA Not blic ij for the State of Dawn M. Bucci Ptc diStmiC- Notary Public State of Rhode Island o7 146sldttlg.a <res *rntritssion N:\4480\QO1O1\Design DocsTasements1Public-Sidewa1k Page 3 of 4 MONTA A CVS PHARMACY, LLC By: Printed Name: Kristin L. Donabodlan Assistant Secretary Its: 10 The Mayor and City Commission of the City of Bozeman acknowledge receipt of the perpetual easement and hereby accept the property interest conveyed through this instrument. ATT t?' 0 STATE OF MONTANA County of Gallatin On this day of p 20 (D before me, a Notary Public in and for the State of Montana, personally appeared JEFFREY K. KRAUSS and STACY ULMEN, known to me to be the Mayor and City Clerk of Bozeman, respectively, and acknowledged to me that they duly executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Publ Printed Name: Residing at: ACKNOWLEDGMENT AND ACCEPTANCE OF CONVEYANCE :SS L.41/117..e n and for the State of Montana 4.1 NIEL KiSSEL T'l I 71. F-t V F 7_7S4 1 lilt Tr.' c)i r.ic)rsi TANI] j-i '`-,•11.7N1(,. IT rvi IVY 7 T k 1V1 V C.: (7 P..• x 1l1-1 I My Commission expires: Mayor:, 1 N:14480 1001.0 INDesign DocsEasements1Public-Sidevialk-Easement.docx Page 4 of 4 Yd B Qzeman Kis CDR RAMS F01) LENGTH (FT) CHORD BEARING CHORD 1.E;.VGT11 (FT) 1 1 17 00 0 09 20 N 66"10'30' 1. 6 08 0. 53.00 64.17 69 °2296 N 44'11'06 "L 00.12 9700 12.04 7=06'42" N 17'03'11 "1 1201 0 103.00 21.71 1171121" N 10910 °51" h. 23.66 27.00 19.24 40 "4943" N 21"49'46 18 81 MORRISON Engineers lVIAIERLE, lNc Ren An Emplaye thvned C'ampsnv 2080 Technology Blvd, W. Bozeman 317 59710 Phone: (406) 507 -0721 E. (406) 922 -6702 CORYRIZThrrt iO MORRISCrOWERtE INC. 200 DRAWN BY` TEE CFIK'D. BY' TEE. APPR. BY. DATE" 0412069 N, 14480 1001.011ACAD)E4hibits9Easemertw` Sl00WALK- EASEMENT.dwg Plotted by thomas eas3wood on Apr(912009 BOZEMAN PUBLIC SIDEWALK EASEMENT MONTANA EASEMENT A: LOTS 1 2A, BLOCK 8 OF THE AMENDED PLAT OF BLOCK 8 OF WEST PARK MANOR FIRST ADDITION WEST EAS EXISTING in.07' SANITARY 4L.WER L 1NI' F ASEMENL SHOWN ON PI .AT 1 -74 R= 1537,50'(R) L- 145.84R) 0 =4 AMENDED PLAT OF OT 2A, BLOCK 8 BLOCK 8 OF WEST PARK MANOR FIRST ADDITION I 249.35' R (PLAT F S8738'49't 249.30' SIDEWALK EASEMENT CENTERLINE CURVE TABLE O AMENDED PLAT OF N. r BLOCK 8 OF WEST PARK MANOR FIRST ADDITION (PLAT F- 36 -H) a 0 LOT 1, BLOCK 8 CENTERLINE BEARING AND DISTANCE (TYP) POINT OF BEGINNING (N 88'46 °04" W, 49.08" FROM SOUTHEAST CORNER) iAIN STREET (US 191) ,MENT EX SIDEWALK EASEMENT BOUNDARY SIDEWALK EASEMENT CENTERLINE. N8$'46'o4'W 74.26' 584'40'23 74.2' (R) 1 REBAR W/ BLUE CAP MARKED "MORRISON MAIERLF I0062LS" PER PLAT 1.38 -A; BEARS S 35 58' W 1.4' FROM TRUE CORNER 3'2709" 'F: 8.17' 7XISLLNG 3 METER EASEMENT TO THE MON['ANA DFPARLMEN I O)7 IRANSPORTATION PLR DUC.. NO 2105115 POINT 00 TERMINUS REBAR W/ BLUE CAP MARKED MORRISON MAIERLE 10062LS" PER PLAT F -38 -A, BEARS S 61 W 2.2' FROM TRUE CORNER REBAR W7 BLUE CAP MARKED "MORRISON MATERLE.. 10062LS" PER PLAT' 0-38 -A; BEARS 5 61'57' W 22' FROM TRUE CORNER IN FEET 60 PROJECT NO. 4400.001.01 FIGURE NUMBER EX -A CURVE RADIUS RADIUS LENGTH (FT) A CHORD SEARING CHORD LENGTH (Fr) 0 11. 84 SO`2S 11' N21 W 13 11 Q 2200 1740 45' I6'57" N26'06'27 E 16. N89'00'31 "W 249.35 R S86'38'49 "E 249.30' LOT 1A, BLOCK 8 N89'14'551 240.54' (R) S88° 18'43 "E 240.57' SIDEWALK EASEMENT BOUNDARY SIDEWALK EASEMENT CENTERLINE CURVE TABLE MORRISON MAIERLE, INC. An Ernpinynt vncd Cornprny Enginnsars 280)1 Technology Blvd. W. S�rvoW>rvs Bozeman MT 57715 SGo -61-0 Planers Phone: (408) 507 -0721 Fax (406) 922 -6702 CoWVRNCHT C MOO KA W'1 R.E INC.. DRAWN BY' TEE CHKD. BY TEE APPR. BY DATE: 0472007 N:) 44001003 0l)ACAD'ExhIbIts1Easements 1SIDEWALK- EASFMFNT,((mg Plotted by t#+amns ens twood art Apr10(2009 BOZEMAN PUBLIC SIDEWALK EASEMENT MONTANA EASEMENT B: LOT 2A, BLOCK 8 OF THE AMENDED PLAT OF BLOCK 8 OF WEST PARK MANOR FIRST ADDITION REBAR Wi YELLOW PLASTIC CAP MARKED "MORRISON MAIERLE I0062LS" LOT 2A, BLOCK 8 AMENDED PLAT OF BLOCK 8 OF WEST PARK MANOR FIRST ADDITION (PLA 1' F 3161 -FI) SIDEWALK EASEMENT CENTERLINE PUBLIC SIDEWALK EASEMENT A AMENDED PLAT OF BLOCK 8 OF WEST PARK MANOR FIRST ADDITION (PI AT F- 36 -II) POINT OF BEGINNING S 3 °27'09" W 39.20' w z w z H x 0 z N 3 °2.7'09 E 76.17' POINT OF TERMINUS IN FEET 30 PROJECT NO 4480001 01 FIGURE NUMBER EX -B