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HomeMy WebLinkAboutE- Packet 06-04-2007_Authorize the City Manager to sign the Street and _4Commission Memorandum REPORT TO Honorable Mayor and City Commission FROM Lanette Windemaker AICP Contract Planner SUBJECT Steet and Utility Easement for Saccoccia Minor Subdivision P 07013 MEETING DATE Monday June 4 2007 RECOMMENDATION Authorize City Manager to sign BACKGROUND Attached is a copy of the partially executed easement for street and utility improvements for the above referenced project This is for an internal driving lane on the east side of Lowe s Engineering staffhas reviewed the easement and found it to be acceptable UNRESOLVED ISSUES None FISCAL EFFECTS Not applicable ALTERNATIVES None CONTACT Please email LanetteWindemakeratlwindemakercmbozeman netifyou have any questions prior to the public hearing APPROVED BY Andrew Epple Planning Director Chris Kukulski City Manager 19 t I f fe h li j re rn Iv Susan B SwlmleyAttorneyCounselorat Law1807WDickersonliB Bozeman MT 597 IS PUBLIC STREET EASEMENT Lowe s HIW Inc a Washington corporation GRANTOR in consideration of 100 and for other and valuable considerations receipt of which is acknowledged grants to The City of Bozeman a municipal corporation ofthe State of Montana with offices at 411 East Main 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 parcel ofland situated in Gallatin County Montana to be located on the following described real property Tract 2B1 ofCertificate ofSurvey 1215G situated in the northwest of Section 1 Township 2 South Range 5 East P M M City of Bozeman Gallatin County Montana The easement is more particularly described on the attached Exhibits A and B which by this reference is made a part hereof The GRANTOR states that it possesses the real property described above and that it 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 ofthe parties hereto DATED this iday of January 2007 GRANTOR Lowe s HIW Inc a Washington corporation By I A Grantor f 1 20 STATE OF CALIFORNIA ss County of San Diego On 5 1hI 2J 7 before me eliteSnAiL AtJtpT1 notary public personally appeared Michael L Skiles personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument WITNESS my hand and official seaL r IY f Signature ACCEPTED CITY OF BOZEMAN by City Manager ATTEST City Clerk STATE OF MONTANA ss County of Gallatin On this day of 2007 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 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 Notary Public for the State ofMontana Printed Name Residing at My Commission Expires 20 2 21 t Ii EXHIBIT A LEGAL DESCRIPTION OF PUBLIC STREET EASEMENT Parcel 1 A parcel of land located in Tract 281 of Certificate ofSurvey 1215G situated in the northwest 1 4 of Section 1 Township 2 South Range 5 East P M M City ofBozeman Gallatin County Montana more particularly described as follows Commencing at the northwest comer of Section 1 T2S R5E P M M Thence along the west line of said Section 1 S01D49 03W 394 18 feet to the northwest comer ofTract 281 as shown on Certificate of Survey 1215G thence along the north line of said Tract 281 S88D10 57E 796 19 feet to the POINT OF BEGINNING said point also being the northeast comer ofsaid Tract 281 thence along the east line ofsaid Tract 281 the following five 5 courses 1 S01D49 03W 668 11 feet to the beginning of a 315 00 foot radius curve concave to the northwest 2 thence along said curve thro gh a central angle of 15000 00 an arclength of 82 47 feet 3 S16D49 03W 7 90 teet to the beginning of a290 00 foot radius curve concave tothe southeast 4 thence along said curve through a central angle of 14D59 57 an arc length 0175 92 feet and 5 S01 D49 07 W 53 85 feet to a point on the north line of a 60 foot wide Access and utilityEasementasshownonCertificateofSurvey1215GthencealongsaidAccessandUtility Easement N89D03 24W 32 12 feet to the beginning of a nontangent curve concave to the northwest and having a radius of 49 50 feet to which beginning of curve a radial bears S39D48 21 E thence leaving said Access and Utility Easement along said curve through a central angle of 4812233 an arc length of41 79 feet thence N01 4907 E 17 34 feet to the beginning of a 305 50 foot radius curve concave to the southeast thence along said curve through a central angle of 14 5957 an arc length of79 97 feet thence N16 49Oa E 7 90 feet to the beginning of a 299 50 foot radius curve concave to the northwest thence along said curve through a central angle of 15Doo OO an arclength of 78 41 feet thence N01D49 03 E 668 11 feet to a point on the north line of said Tract 281 thence along said north line S88D10 57 E 15 50 feet to the POINT OF BEGINNING containing 0 32 acres more or less and subject to all easements and or reservations andor dedications existing shown or apparent on theground EXHIBIT A PUBliC STREET EASEMENT 22 EXHIBIT B SKETCH TO ACCOMPANY LEGAL DESCRIPTION36nnnn nnn nnnn35 1 IIIIIIIh W I 0 mt 0U iJ P O C cl vvc S88 10 57 E IJIIIII I1i IJI III1IJ C O s L 121SG TRACT 2B1 OF C O S 1215G TRACT 283 OF LEGEND P O C POINT OF COMMENCEMENT P O B POINT OF BEGINING C O S CERTIFICATE OF SURVEY N UNE L1 L2 L3 L4 L5 GRAPHIC SCALE 210 f 125tJI IN FEET 1 inch 250 fl TRACT2B2 OF C O S 1215G 796 19 15 50 P O B oj ojtoto00 hP P 0 0It 0 0 U U EASEMENT AREA TRACT 2B2 OF C O S 1215G nntnn nnnnnCURVE TABLE DELTA LENGTH 15 00 00 B 47 14 59 57 75 92 48 33 4179 1 4 59 57 79 97 15 00 00 78 41 2lOI EXHIBIT B PUBUC STREET EASEMENT tA111MI e44tt 23