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Home My WebLink About15- Gallatin County Fiber Optic Utility Easement 2520433 Page: 1 of 5 08/04/2015 01:07:15 PM Fee: $0.00 Charlotte Mills — Gallatin County, MT MISC ��III111111 IN 111111111111111111111111111111111111111111111111111111111111 °j FIBER OPTIC UTILITY EASEMENT GALLATIN =C=r-Aht+T-AN COUNTY, GRANTOR, in consideration of$ 1.00 and for other and 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 Avenue,Bozeman,Montana 59715, GRANTEE, its successors and assigns, a perpetual utility easement for fiber optic lines, equipment and appurtenances exclusively for the use and benefit of the public, in,through, and across a strip of land situated in Gallatin County,Montana, 10 feet wide to be located on the following described real property: Gallatin County Fairgrounds in the Imes' Addition To The City of Bozeman. The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. Such grant is for only such rights as are necessary for construction, operation and maintenance of the fiber optic improvements. GRANTEE, shall maintain the same and shall have the right to enter upon said premises and strip of land for the purpose of surveying, excavating for, laying, constructing, operating,repairing,relaying and maintaining said fiber optic lines and for the purpose of enabling GRANTEE to do any and all convenient things incident to such constructing, operating maintaining such fiber optic lines,equipment and appurtenances. GRANTEE agrees to assume sole responsibility for the construction,operation and maintenance of any of the above referenced improvements within the easement premises as described above and shall return the property to its original condition after construction, operation and maintenance. GRANTEE is hereby given and granted the non-exclusive possession of said above described premises only for the stated purpose and GRANTOR covenants and agrees that no new building, structure,fence,wall or other above ground obstruction will be placed,erected, installed or permitted upon the easement premises as described above; and further covenants and agrees that in the event the terms of this paragraph are violated by the GRANTOR or any person in privity with them, such violation will be promptly corrected and eliminated immediately upon receipt of notice from GRANTEE. This Easement together with all provisions of this grant shall run with the land and continue as long as GRANTEE uses the land consistent with Declaration of Protective Covenants Open-Space Land and Voluntary Conservation Easement Act and Abstract of Resolutions of the Board of Gallatin County Commissioners recorded as Doc.No. 2395779 in the office of Gallatin County Clerk and Recorder. Fiber Optic Easement-Page 1 of 3 GRANTEE agrees to defend, indemnify and hold harmless GRANTOR, its officers, agents and employees,from and against all claims, demands,judgments, costs and expenses(including reasonable attorney's fees)which may arise by reason of injury to any person or damage to any property attributable to the negligence of GRANTEE, in connection with GRANTEE's construction, operation and maintenance of the above referenced improvements and its use of or presence on the easement premises as described above. 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 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 of the parties hereto. DATED thisg4\day of �-5;\Lst 20 l S. c/By: GRANTOR STATE OF MONTANA ) ):ss County of Gallatin ) On this q44"t day of aim S� 20 IS ,befo{e me the undersigned, a Notary Public for the State of Montana,personally appeared • a�e_oy\ \ W�� ,known to me to be of K and 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 Go ROL�iV) CU Fy COMVVWSSk oV\ Cacti v-wygt� IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. y��`iGflE WENOY WIEDENMEYER O • e, Notary Public �c�nRrq�:m:tor the State of Montana (SEAL) 3: —'— *` Residing at: SEAL.2Q, Belgrade, Montana My Commission Expires: « November 14,2016 Notary Pub i f the tate of Montana (Printed Name Residing at My Commission expires �D� y I / /20JIL Fiber Optic Easement-Page 2 of 3 ACCEPTED: Cl B® r ��r City Manager AT Cifc STATE OF MONTANA )ss. IN County of Gallatin ) On this�day of (�� , 2bb,before me, a Notary Public for the State of Montana,personally appeared CI-IRIS KUKULSKI and STACY ULMEN,known to me to be the City Manager and City Clerk,respectively, of 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. R HEATHER BIENVENUE '� Notary Public �Q•'NpTAR/q� `lfor the State of Montana Residing at: 1�otary Public for the State of Montana Bozeman, Montana '?r' ••• P' My Commission Expires: "OF MO January 26,2018 } (Printed Name) Residing at My Commission Expires / /20 Fiber Optic Easement-Page 3 of 3 I • 1 1 i ORDINANCE A 5115 FILM 42, PAGE 2093 -`g0 i N B9:32'04"W 2T/.95'(R6) 130 -'N- _ ,•.`•-i BOOK 166. PAGE 31 354'(RI,R8) ' I ...-_....._......-s99vai'SYE 104.0 •...-..-,-. i or T PARCEL C; ;,-N 'S6'zs" NT "' - E_- SEE DETAIt_A._SHT7 68' 1 S 02°00'19`W I 10.88r Nas'2R 09'W 16920' SCOIe: 1"=100 30'i 30' ---� R351-W 30' '2V6 64°os 22`W 0 50 100 200 C 144,W 31.04' i i i ) t NO6'19'S2`W ! 73.gz ^cI EASEMENT DESCRIPTION 1MES' ADSI T/ON p l BLh' ,1Y4 Nj A 10 foot wide utility easement with the following oyi description and with the easement sidelines foreshortened 1:4 and lengthened as necessary to parallel the vacated North p¢ vl Montano Avenue westerly right of way. jai on,^j L,05 ^^o Commencing at the West Quarter Corner of Section 6, O�-�,• i Township 2 South. Range 6 East. Principal Meridian ayl .-�- N Montano, Gallatin County Montana: Thence South 5221'53" m,l a East•a distance of 2519.21 feet to the southeast comer of list® ______________________________1 :...._.....-_._._.._.....__.. CL(n p Block 27 of the Imes Addition, said point being a point on rv� COMMISSION RESOLUTION N0. 4489 y� h the northerly right-of-way of Tamarack Street, said point -----"o ----VtOATED-HEMtOICK-SP------_ also being the true point 21 beginning; Thence North 00' -- ' 19" East o distance of 1021.26' more or less to o point t 11 PROPOSED that ties 40 feet southerly, perpendicular measure, of the ............ _ 40'•U:M1T-X----------'1 '------ ----------------- "I i EASEMENT centerl'me of East Oak Street as shown on "Oak Street NO. u) `, 7th to Rouse) C.o.B.Pro} MINI N4", on rile at the City of d. o V7 Boieman Engineering Office; thence continuing westerly o t N along a tangent curve concove northerly being parallel with y 3 i 0K and 40 feet southerly, perpendicular measure, of said East w STATE OF •ONTANA ! ; Oak Street, having o radius of 341.56 feet, for an arc w m BOOK 104,PAGE 341 n length of 11.04 feet more or less; thence south 02'00' 19' U1 ,. o W o west parallel to the centerline of the vacated North w z 3 o Montana Avenue Centerline a distance of 1025.72 feet more 4 Z or less to a point an the northerly right of way on < w N Tamarack Street; thence south 89'34' 16" east a distance z w' BLIC 17$ < 8 I of 10 feet to the point of beginning. Containing 0.23 O $ $ c Acres more or less. W PARCML A Z m 7.831;ACRES o GPLLATIN COUNTY t�l FAIRGROUNDS EAST Me ' 1 j PROPERTY LINE I W I$ r Q e ------ -------------______._VACA-TEB-dUNAPER-SF-._._-.___ W i STATE OF MONTANA. SS. .............. _---_-.___-------------- . _ COUNTY OF GALLATIN C Q i 1 RICHARD HIXSON,being duly swom says. That he is the Professional Engineer who made the plot of the right of way shown hereon; that the plot was correctly and accurately made•• that the treeing or Plot thereof is true and i accurate and that it correctly shows the quantity of land required far the ! right of way in each forty-acre tract or government lot and also the amount I of land remaining in each portion of such forty-oree treat or govemment lot. PROPOSED ---- io'uTtLrTv 'PA CEL B EASEMENT BLK p8 0-2 1 Subscribed and swom to before me this_day of_.20_. A _ N W 26'88'W Notary Public far the State of Montana 1&26' Residing at i My Commission Expires N 02°00'26`W SOUTHEAST CORNER; I 76-04. OF BLOCK 270E THE IMES'ADDITION (TRUE POINT OF t N27'1721"W BEGINNING) t 2627' 30' N66'49'43"W 46AV 1 i 29.78 .....L..-_� I --------------_s¢9'34.1EE294,11r..._..--•..- 55.78r 21.1 589°3416'E C 29.99 I� 1 I Ig �.a 1 n ri 0 iz BLK 29 THE CITY OF BOZEMAN "".-.a— PROPOSED UTILITY EXHIBIT A -— m c ou.x—ra sos rno EASEMENT ° reaMc t apu-r.�x peal ;— =DESIGN NINE L� o �0 2=00 ,,mo r..l we build networks due perform O 1-4 nil ■ r i ? • ' 'i r e 16 •I �� . c -�. f ., ��• r F�� 1 OEMOUM ir is `=� � t� FF�:. �•.- ■ F.�'.. , �/�r� . 1 �� cam. tl.� 1 s {+� I IRA. , lei d Structures A Potential Conduit = :_ ----North Alley Sireetscape Planned Fiber - --- Red Phase Gold Phase Green Phase Lateral ... _. - .. 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