HomeMy WebLinkAboutE-Packet 05-29-07_Authorize City Manager to sign Fellowship Baptist _6
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Fellowship Baptist Church
MEETING DATE: 5/29/07
BACKGROUND: Attached copies of two partially executed easements for the street
improvements for the above referenced project. One is for the City
portion of 25th that is on Rose Park. The other is for the churches property
for both 25th and 27th. Engineering staff has reviewed the easements and
found them to be acceptable.
RECOMMENDATION: Authorize City Manager to sign.
FISCAL EFFECTS: N/A
ALTERNATIVES: None
Respectfully submitted,
_________________________________ ____________________________
Robert J. Murray Jr., Project Engineer Chris A. Kukulski, City Manager
Attachments: Easement Documents
Report compiled on 5/21/2007
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28
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PUBLIC STREET EASEMENT
Fellowship Baptist Church of Bozeman GRANTOR in consideration of 1 00 and for other
and valuable considerations receipt ofwhich 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 perpetual street and utility easements for
the use of the public in through and across astrip ofland situated in Gallatin County Montana
30 60 feet wide to be located on the following described real property Lot 5 Annie
Subdivision Phase 2 Plat 1 204
These easements are more particularly described on the attached Exhibit s ALwhich
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 theGRANTOR
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 L day of 1 1 20fl
JiBylid
IGrantor
STATE OF MONTANA
ss
County of Gallatin
On this day of fY 20 01 before me the undersigned a Notary
Public for the State of Montana personal appeared TI Ll1 She L known to
me to be I I0f lrJ of fB c and the person whose name is subscribed to
the within instrument and acknowledged to methat he executed the within instrument for and on
behalfof t cJ
IN WITNESS WHEREOF I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written IitIili Nile
it R 4 1SEAL
lNo ry Public for the State 6f Montana
eoVA rY r e A
Printed Name
Residing at c VlG Co
My Commission expires 4r 2I 20
SEAtI
til
1F O
31
ACCEPTED
CITY OF BOZEMAN
by
City Manager
ATTEST
City Clerk
STATE OF MONTANA
County ofGallatin
ss
On this day of 2 before me a Notary Public for
the State ofMontana personally appeared CHRIS KUKULSKI and BRIT T FONTENOT
known to me to be the City Manager and City Clerk respectively ofthe City ofBozeman and
the persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same for and on behalfofthe City of Bozeman
IN WITNESS WHEREOF Ihave hereunto set my hand and affixed my Notarial Seal the
day and year first above written
SEAL
Notary Public for the State of Montana
Printed Name
Residing at
My Commission Expires 120
32
A 1
AFFIDAVIT
EXHIBIT
SURVEY MAPEASEMENT
PROPERTY DESCRIPTION SEE PAGE 219
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EXISTING PROPERTY LINE
L 19943
R 340 00ftDELTA33 36 24
ICHORD 196 58
N15 00 33 W
CL NEW 60 ROAD AND
b UTILITY EASEMENT 30
EACH SIDE OF CL
6 EXISTING PROPERTY LINE
9 p
LOT 5
Fellow Baptist Church
of Bozeman
796 0 Page 2195
SCALE 1 200
ROSE PARK
City of Bozeman
Property
L 220 96
R 400 00
DELTA 31 38 5S
CHORD 218 16
N15 5S 1S W
S8S 41 OS W
S01 47 54 W 48842
32 50
CENTER OF SECTION 2 T2S R5E P M M
IbIQ
BASIS OF BEARING GPS
PROFESSIONAL LAND SURVEYOR S CERTIFICATION
IJames Goebel Professional Land Surveyor Montana Registration No 14531 LS do herby certify that thi
survey shows the true and correct dimensions of the above described easement
Signed J ti oebel 14531LS
Date rtb 2r h L10155MontanaSt
PO Box 3588
Butte MT 59701 2839
Phone 406 7238213
Fax 406 7238328
LOCATED IN THE ANNIE SUBDIVISION
SECTION 2 T2S R5E P M M
GALLATIN COUNTY MONTANA
DRAWN BY James M Goebel
DATE 2 07 07
DRAWING N25 easementdwg PAGE 1 OF 233
7
EXHIBIT A2
EASEMENT SURVEY AFFIDAVIT MAP
EASEMENT DESCRIPTION
A Roadway Utility Right of way Easement 60 feet in width 30 feet on each side of the
following described centerline located in the NE of Section 2 T2S R5E P M M Gallatin
County Montana and more particularly described as follows
Beginning at a point on the north right of way of Oak Street which is common with
the south line of the Annie Subdivision Phase 2 from which point the Center Quarter of
said Section 2 bears South 89 41 06 West 48842 feet thence South 01 47 54 West 32 50
feet Thence from said point of beginning North 00 09 46 West 142 73 feet to a point of
curvature thence 220 96 feet along said curve to the left with a radius of 400 00 feet a
delta angle of 31 38 59 and a chord bearing North 15 59 16 West 218 16 feet thence
North 31 48 45 West 67 59 feet to the point of curvature thence 19943 feet along said
curve to the right with a radius of 340 00 feet a delta angle of 33 36 24 and a chord
bearing North 15 00 33 West 196 58 feet thence North 01 47 39 East 699 68 feet to the
north line of said Annie Subdivision Phase 2 from which point the said Center Quarter of
Section 2 bears South 15 16 19 West 1383 11 feet
ALSO a Roadway Utility Right of way Easement 45 feet in width located in the NE of
Section 2 T2S R5E P M M Gallatin County Montana and more particularly described as
follows
The West 45 00 feet of Lot 5 of the Annie Subdivision Phase 2 Plat J 204
This easement RELINQUISHES any previous easement for access and utilities along the
property line between Lot 5 and Rose park as shown on said plat
1015 S Montana St
PO Box 3588
Butte MT 59701 2839
Phone 406 723 8213
Fax 406 723 8328
LOCATED IN THE ANNIE SUBDIVISION
SECTION 2 T2S R5E P M M
GALLATIN COUNlY MONTANA
DRAWN BY James M Goebel
DATE 2 07 07
DRAWING N25 easementdwg PAGE 2 OF 234