HomeMy WebLinkAbout15- State of Montana Right of Way Deed Easement for a 60 ft Strip 2522521
Page: 1 of 4 08/24/2015 02:28:10 PM Fee: $28.00
Charlotte Mills — Gallatin County, MT MISC
III 1111111111111111 IN 11111111111111111111111111 III 11111111111111 IN
F�RITED
Right of Way Application No. 16720
Affecting a 60-foot strip through
E2SW4, W2SE4, Sec. 36,
Twp. 1S. Rge. 5E
Gallatin County, Montana
EASEMENT NO. D-15258
RIGHT OF WAY DEED
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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 Sixty Seven Thousand Seven
Hundred Twenty Nine and No/100 Dollars ($67,729.00) , 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
Wheat Drive, including utilities, as follows:
A 60-foot strip through E2SW4, W2SE4, 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 3 . 76 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 Wheat Drive.
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 f Land Commissioners to be hereunto
affixed this Li day of A A.D. 2015.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Governor of the State of Montana
ATTEST
a �E'
. .
. . . . . . . . . . . . . .
Secretary of State
+t"""'' Countersigned by:
. . . . . . . . . . . . .
_ J Director, Department of Natural
i Resources and Conservation
Accepted and Approved:
JJ4�
6 Applicant
�.L �.
Printed Name
_ ICENTER
ON 36 _— POIt'`iF TERMINUS TER#SEC ON 36 ——
['z>s3- t!
I I\s.2w
I t t SEE DETAIL 2
I 9.tY tI
I I I I
I N01 2:15" W i If'��EASEMEN
CENTERLI'TI
8 .
I
I I
lI I NQB S
EASEMENT(DESCRIPTION
NE 1/4 SW t/4 A 60 foot wide public access and utility easement 30'
NW 1/4 SE 1/4 either side of the following centerline description with the
Easement Area: 1.11 Acres Easement Area: 0.79 Aces ecsoment sidelines fareshortened and lengthened as
Remainder. 38.89 Acres Remainder: 39.21 Acres necessary to parallel the new easement centerline:
Commencing at the South 1/4 Comer of Section 36,
Township 1 South, Range 5 East, PMM Gallatin County,
Montana;
I ! Thence North 8853'25" East. a distance of 196.08%
I ! Thence North 00'47'24" East, a distance of 57.33' to the
true point of beginning of this easement, being a point on
N 00'25'15" W the northerly R/W line of Mondeville Lone;Thence North
762.68' 0*31,36' W, a distance of 300.15'; Thence along a tangent
circular curve to the!eft with a radius of 300'. a central
I I angle of 14'56'03', on arc distance of 78.19';Thence North
1527'39" West, a distance of 699.97'; Thence along a
tangent circular curve to the right with a radius of 300.0,
c central angle of 15'02'24", an arc distance of 78.75';
—— Thence North 025'15" West, a distance of 762.69% Thence..
I I North 0'27'15' West, o distance of 801.12 Feet; Thence
I ! North 0'22'40" W; a distance of 9.11'more or less to the
R=300' point of terminus of this easement, said point being on the
cost—west midsection line of said Section 36. from which
Q=1502'24` the center 1/4 comer of soid section lies South 8921'43"
L=78.75' East, 5.20 Feet.
Containing 3.76 Acres more or less.
SW 1/4 SF 1/4
Easement Area: 1.62 Acres
11 t Remainder. 38.38 Acres
STATE OF MONTANA. SS
COUNTY OF GALLATIN
cF 11a gW 7 N 1527'39" W
�_ /4 I l t 699 9T RICHARO HIXSCN, being duly sworn says: That he is the Professional Engineer
Easement Area: 0.24 Aces t,'�� who made the plot of the right of way shown hereon: that the plat was
corcectly and accurately made; that the tracing or plat thereof is true and
Remainder. 34.76 Acres 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 ch forty— act or ovemment lot.
Subscribed and swam to before me this 4—& day of!_!� 20�
=14'56 � �
Q=14'S6'03" Notary P blic for the to f Montana
L-78.19' Residing at ez irw
My Commission Expires B�
9"=300' !
N 00'31'36" W
I 300.15'. \\\`t�tplll^�IIII1//gr��ii
SOUTH } CORNER
SEC. 36
Ma dewlle Lane
'SEE DETAIL t %tjt�• \e
TRUE POINT
OF BEGINNING
\ N 0'47'24' E
/� 57.33'
N 88'53'25" E —
'S 4 CORNER �'-196.08;_—
SECTION36
DETAIL 1
N.T.S.
PROPOSED CITY OF BOZEMAN
PUBLIC ACCESS & EXHIBIT A ENGINEERING DEPARTMENT
UTILITY EASEMENT MARCH 2O04