HomeMy WebLinkAbout96- Daines, Clair W. & Sharon; Lot 2, Guy's 2nd Add - Trail Corridor Easement
TRAIL CORRIDOR EASEMENT
ALDERSON PROJECT
Clair W. Daines and Sharon Daines, 45 West Kagy,
Bozeman, Montana, 59715, GRANTORS, in consideration of one dollar
($1. 00) and for other and valuable consideration, receipt of
which is hereby acknowledged, grants to the city of Bozeman, a
municipal corporation of the State of Montana, with offices at
411 East Main, Bozeman, Montana, 59771-0640, GRANTEE, a perpetual
trail corridor access easement for the use of the pUblic, in,
through, and across a ten-foot wide strip of land situated in
Gallatin County, Montana, which is located on the following
described property:
A portion of Lot 2 (2 Acre)of Guy's Second Addition as shown
on a subdivision entitled: The First Amended Subdivision
Plat of a Retracement of lots, 1, 2, 3, and 4 of Block 1 of
Springdell Addition, Lot 2 (2 Acre) of Guy's Second
Addition, An Existing Unplatted Tract, and a Portion of the
Abandoned C.M.St. P & P RjR Right-of-Way Located in the
Southwest Quarter of Section 7 and the Northwest quarter of
Section 18, T2S, R6E, P.M.M. , city of Bozeman, and recorded
with the Gallatin County Clerk and Recorder's Office as Plat
J-155.
Said easement being 5.00 feet to the right and 5.00 feet to
the left of the following described centerline:
Commencing at the Southeast corner of said Lot 2; thence
South 89032'52" West, a distance of 6.50 feet to the Point
of Beginning. Thence North 00009'05" East, parallel to the
East line of said Lot 2, a distance of 347.63 feet to the
point of curvature of a curve to the left, having a radius
of 19.00 feet, a central angle of 72011'36", a chord bearing
of North 35056'43" West, and a chord length of 22.39 feet;
thence along the arc of said curve, an arc length of 23.94
feet to the point of tangency of said curve; thence North
72002'31" West, a distance of 5.92 feet to the point of
curvature of a curve to the right, having a radius of 19.00
feet, a central angle of 31019'52", a chord bearing of North
56022'35" West, and a chord length of 10.26 feet; thence
along the arc of said curve, an arc length of 10.39 feet to
the end of said curve; thence North 41019'14" West, on a
non-tangent course, a distance of 93.95 feet to a point on a
non-tangent curve to the left, having a radius of 10.00
feet, a central angle of 41043'45" a chord bearing of North
61034'31" West, and a chord length of 7.12 feet; thence
along the arc of said curve, an arc length of 7.28 feet to
the point of tangency of said curve; thence North 82026'23"
West, a distance of 3.33 feet to the point of curvature of a
curve to the right having a radius of 9.00 feet, a central
angle of 81047'38", a chord bearing of North 41032'34" West
and a chord length of 11. 78 feet; thence along the arc of
said curve, an arc length of 12.85 feet to a point on the
North line of said Lot 2, said point being North 89021'16"
East, a distance of 77.00 feet from the Northwest corner of
said Lot 2. As shown on Exhibit A.
containing 5053 square feet, more or less.
This grant includes the right of the GRANTEE, its
successors, permittees, licensees, and assigns and its and their
agents and employees, to enter at all times upon the above-
described land by using existing roads or trails or otherwise by
a route causing the least damage and inconvenience to the
GRANTOR(S) in order to survey and establish the route and
location of the easement and the trail and to:
(1) Construct, operate, patrol, repair, substitute, remove,
enlarge, replace, and maintain the trail, services,
connections, accessories and appurtenances;
(2) Trim, remove, destroy, or otherwise control any trees and
brush inside or outside the boundaries of the easement which
may, in the opinion of the GRANTEE, interfere or threaten to
interfere with or be hazardous to the construction,
operation and maintenance of the trail;
(3) Grade the land subject to this easement and extend the cuts
and fills of this grading into and on the land adjacent to
that which is subject to this easement to the extent GRANTEE
may find reasonably necessary; and
THE GRANTEE AGREES THAT:
(1) That, in connection with the construction, operating
patrolling, repairing, removing, and maintaining of said
Trail, it will repair or replace, at its sole expense, or
pay to GRANTOR(S) the reasonable value of any damages to
growing crops, existing fences, ditches and other
appurtenances of said land that may be disturbed by its
operation.
THE GRANTORS AGREE THAT:
( 1) At no time will they build, construct, erect or maintain any
permanent structure within the boundaries of said easement
without the prior written consent of GRANTEE.
(2 ) At no time will they modify the finished grade of the land
within the Trail Easement without the prior written consent
of the GRANTEE.
The GRANTORS warrant that they are lawfully seized and
possessed of the real property described above, that they have
and that they will forever defend the title to this property
against the claims of all persons.
The GRANTORS further agree that the GRANTEE may peaceably
hold and enjoy the rights and privileges herein granted without
any interruption by the GRANTORS.
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.
GRANTORS
day of ~;.2..~C , 19~.
~ (J/f.(JV<_J B-~- o.--?~
a 0 Dalnes
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ~ 8'-r\n day of Pt ~ ' 1996, before
me, a Notary Public for the state 0 Montana, personally appeared
C I o........v ~ ~~ a-r""" rJ~ ~ <".:.... , known to me to be the personS whose
nam~jp6subscribed to the within instrument and acknowledged to
me that ~ executed the same.
~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my seal on the day and year first written above.
- ~~N A, )J,~
Notary Pu l'c~r ~e State of Montana
Residing at B030~;n, Montana
My Commission expires ;) ~'5 - 9~
ACCEPTED ~)~,LJ~~
C ty of Bozeman-
by its
ATTEST:
()rt 01 ~
Clerk of the City Commission
STATE OF MONTANA )
: ss.
GALLATIN COUNTY )
On this (y y.. day of ~ ' 1996, before me, a
Notary Public for the State of M tana, personally appeared James
E. Wysocki and Robin L. Sullivan, known to me to be the City
-
Manager and Clerk of the city Commission known to me to be the
persons whose names are subscribed to the foregoing instrument
and acknowledged to me that they executed the same.
In witness whereof, I have hereunto set my hand and affixed
my seal on the day and year first written above.
OTARY PUBLIC ~~TH STATE OF MONTANA
Residing at ~
My Commission ex res -/if~po
SEAl:;
.~--
EXHIBIT A
LOT 2, GUY'S SECOND ADDITION
(2 ACRES)
N 89"21'160 E 190.53'
77,00'''....... ~
L18 3,' \...,10/....... J'...
," // ..J
NOTEI , , /
CURVES (2)8.:(3) ", ~ .......
ARE NON-TANGENT ,,< :-- / {;
/ '\<.;,.",. / \..-
~ / "
J'... / \:,'
C\! / /, '\,(2)
J'... / / ,,'--~
~ /"
rl 0/ \
0/ /0) U6 (1)\
/ /0 . I I
/ / I
/ / I 0 30' 60' 90' 1~0'
/ ~ / II I I I I I I
POINT OF ~ / I seA L E
BEGINNING// bl Llo.Jo "'I
L4 ,"'{" 7...., ~ ~ ~
______---1 '"J /."'" I- 0
~ 0 Z J'...
If) 2 '-'-12 ~ I ~ LEG END
j ~ ~ w v
/~ ~ PROPERTY BOUNDARY
----------~ ~
L14 w. - - - - - - EASEMENT LINE
~ W If)
ru W 0
J'... U I ~ ~ - ~ CENTERLINE FOOT PATH
If) U 0
v ~ I b
0':: 0
W B 10\ W LINE TABLE
Q; 0':: jl
rl gj II Line Beo.ring Dlsi:o.nce
g U Ius 89"18'410 'vJ 51.81'
b ..J I L2 S 89"32'520 'vJ 137.55'
o 1-1 L3 S 89"32'520 'vJ 6.50'
~ I I L4 S 89"59'410 E 72.34'
Z ~ I L5 N 20"57'430 E 140.65'
I L6 N 65"08'170 E 74.78'
w L 7 S 00"09'050 'vJ 33.10'
6 I L8 S 65"08'170 'vJ 48.61'
..". I L 9 S 20"57'430 'vJ 103.71'
? I UO S 69"02'17" E 8.20'
I L11 S 20"57'430 'vJ 22.78'
S I L12 S 69"02'17" E 10.30'
l-..I I L13 S 20"57'430 'vJ 31.60'
"I I U4 N 89"59'410 'vJ 107.04'
L15 N 00"00'19' E 45.00'
1 I L16 N 72"02'310 'vJ 5.92'
III U7 N 41"19'14" 'vJ 93.95'
I U8 N 82"26'230 'vJ 3.33'
POINT OF BEGINNING : I L19 N 00"09'050 E 347.63'
I
L1 L2
CURVE TABLE
NO. RADIUS DEL T A ARC TANGENT CHORD CHORD BEARING
(1) 19,00' 72"11'360 23.94' 13,85' 22.39' N 35"56'43" 'vJ
(2) 19.00' 31"19'520 10.39' 5.33' 10.26' N 56"22'350 'vJ
(3) 10.00' 41"43' 450 7,28' 3.81' 7.12' N 61"34'310 'vJ
(4) 9.00' 81047'380 12.85' 7.80' 11.78' N 41"32'340 'vJ
B9417-EA.D'vJG