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Home My WebLink About15- State of Montana, Flora Lane Right of Way Deed Easement 2522520 Page: 1 of 4 08/24/2015 02:28:10 PM Fee: $28.00 Charlotte Mills - Gallatin County, MT MISC IIIIIII IIIII II III IIIIIII IIIII III III IIII II I IIIII IIIIII III IIIII IIIII IIII IIII PLATTED Right of Way Application No. 16719 Affecting a 60-foot strip through NE4SE4, Sec. 36, Twp. 1S, Rge. 5E Gallatin County, Montana EASEMENT NO. D-15257 RIGHT OF WAY DEED ------------------- ------------------- IN THE NAME AND BY THE AUTHORITY OF THE STATE OF MONTANA TO ALL TO WHOM THESE PRESENTS SHALL COME: Know ye that the State of Montana (hereinafter referred to as "Grantor") , in consideration of the sum of Twenty Seven Thousand Twenty and No/100 Dollars ($27,020.00) , now paid, grants to City of Bozeman (hereinafter referred to as "Grantee") a right of way upon and across State lands for a public access road known as Flora Lane, including utilities, as follows: A 60-foot strip through NE4SE4, Section 36, Township 1S, Range 5E, Principal Meridian Montana, Gallatin County, Montana, as shown and depicted on the Exhibit attached hereto and made a part hereof and containing 1 . 5 acres, more or less . The grant of this easement is subject to the following conditions: The Grantee shall comply with the Montana Antiquities Act, Title 22, Chapter 3, MCA. In particular, Sections 22-3, Parts 4 and 8 . It is also agreed that the Grantee shall comply with such rules or regulations as may be hereafter imposed by the State Board of Land Commissioners to insure that the environment will be adequately protected and the public health and safety not be endangered. The Grantee shall be responsible for controlling any noxious weeds introduced by Grantee's activity on State-owned land. The Grantee's methods of control must be reviewed by the Grantor's Area Field Office that has jurisdiction for that locale. The Grantee shall comply with the Montana County Noxious Weed Management Act, Section 7-22-2101 MCA, as follows: The Grantee shall notify the local weed board that is responsible for that geographical area that the project is located in. If the Grantee disturbs vegetation for any reason, Grantee shall be required to revegetate the disturbed area. The Grantee shall submit to the local weed board a written plan specifying the methods to be used to accomplish revegetation. The plan must describe the time and method of seeding; fertilization, recommended plant species, use of weed-free seed, and the weed management procedures to be used. This plan is subject to approval by the local weed board, and therefore must be signed by the chairman of the board. It is further agreed by the Grantee that Grantee shall backfill, grade and revegetate all disturbed areas that are not part of the road surface to the satisfaction of the State. If the first seeding of compatible grass species does not germinate to the satisfaction of the Department, the Grantee may be required to reseed in those areas open to erosion and weeds. Upon termination of this easement, Grantee shall reclaim the entire area in accordance with this paragraph. Provided, further, that the right of way deed granted herein shall be assignable by Grantee only with the written approval of the Director, Department of Natural Resources and Conservation. Provided, further, that permission must be obtained in writing, from the Director, Department of Natural Resources and Conservation, prior to the construction of any improvements on the right of way herein granted. Provided, however, that the right of way granted herein is not exclusive and Grantee shall not interfere with the Grantor and its successors, assigns, lessees or other parties authorized to use State lands, in their right, at all times to go upon, cross and re-cross the land covered by said right of way and any road thereon, at any point, for any and all purposes in a manner that will not unreasonably interfere with the rights granted to the Grantee. Provided further that the Grantee agrees that it shall indemnify and reimburse the State of Montana for all future assessments made upon Section 36, Township 1S, Range 5E, Gallatin County, pursuant to Title 7, Chapter, 12, MCA for the creation or maintenance of a rural improvement district or special improvement district. This condition shall apply only so long as the lands are held by the state or until waived in writing by the state. Provided further, the Grantee shall provide an "as built" survey upon completion of Flora Lane. Provided, that Grantor may terminate this right of way for a material breach of any of the conditions or provisions of this deed. Before termination, the Board shall give Grantee written notice of intent to terminate and a reasonable period to cure the breach. It is further provided that whenever said lands herein granted as a right of way shall cease to be used for such purpose, the right of way shall terminate upon notice to that effect being given to the said grantee named herein. IN TESTIMONY WHEREOF, the State of Montana has caused these presents to be executed by the Governor, and to be attested by the Secretary of State, and countersigned by the Director, Department of Natural Resources and Conservation, and the Great Seal of the State, and the Seal of the State Board Land Commissioners to be hereunto affixed this day of A.D. 2015. Governor of the State of Montana ATTEST: Secretary of State Countersigned by: • +�a f - •_� . ."A �' p /fir . . . . . . . . . . . . Director, Department of Natural Resources and Conservation Accepted and Approved: jil-L . . . . . . . . . . . . . . . Applicant . . . . . . . . . . . . . . . . . . . . . . . . Printed Name EASEMENT DESCRIPTION l A 60 foot wide public access and utility easement 30' either side of the following centerline description with the easement sidelines foreshortened and lengthened as necessary to parallel the new easement centerline: 1"=300' ?J� Commencing at the Northwest corner of lot 6 of the Gordon Mandeville State School Section Subdivision, Located y in Section 36, Township 1 South, Range 5 East of the -Q Montana Principal Meridian, In the County of Gallatin, State 'Q9 of Montana: Thence North 8942'00" West, a distance of 30.00'; Thence North 00'18'00" East, a distance of 160.00' to the C.O.S. 2153 TRACT 4—A—A true point of beginning of this easement, being a point on the northerly right of way line off Flora Lane; Thence North 28.36o Acres 0'18'00" East a distance of 1088.7' more or less to the terminus of this Easement at the intersection with the southern property boundary of Tract 4—A of Certificate of Survey No. 2153, Situated in the Section 36, T.1.S., R.5.E., \ P.M.M., Gallatin County, Montana. I I Containing 1.50 Acres more or less. POINT OF I TERMINUS I I RICHARD HIXSON, being duly sworn says: That he is the Professional Engineer who made the plat of the right of way shown hereon; that the plat was correctly and accurately made; that the tracing or plat thereof is true and accurate and that it correctly shows the quantity of land required for the right of way in each forty—acre tract or government lot and also the amount of land remaining in each portion of such forty—orce tract or government lot. Subscribed and sworn to before me this oy of 20 PROPOSED 60' PUBLIC ACCESS - & UTILITY EASEMENT --- N00° 18'00.00"E I , 1088.7 I I POINT OF BEGINNING i I STATE OF MONTANA ) SS. COUNTY OF GALLATIN ) »0"'GR" Helene Grenin er N00° 18'00.00"E 1°t Lots v�E..Fh�;yc Notary Public 160.0 z aoTARfq�.p for the State a`Monta S EAL.'v aesidlr y aT: N890 42'00.00"W G Bo man, Montana 30.0 Lot 6 Lot a MY Commission Fy.niresN Itory Public for the State of Montana o� a March 25,201 --Residing at J3DZt= A® �J0 } My Commission Expires Lot 5 2�O�kok 10 > Qj = Lot 4 hG Lot 11 R' NOW 18'00.00"E Lot S Lot 12 PROPOSED PUBLIC ACCESS DATE: S,asi4 THE CITY OF BOZEMAN ENaHOtsEHrc»EP.ETMEW DRAWN BY. KMG 20 X.OUVI--P.O.BOX 1230 & UTILITY EASEMENT BOA.MONTANA arm-100 PROJECT NO.: PHONE,(405)6U-2M--FAX(408)692-22e3