HomeMy WebLinkAboutMSU-SignedEasement-04-30-2021 UTILITY AND ACCESS EASEMENT
MONTANA STATE UNIVERSITY, GRANTOR, in consideration of$ 1.00 and for other and
valuable considerations, 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 the use or providing or offering to provide public street and utilities,the right to the joint use
of an easement for the construction, maintenance, repair, and removal of their lines and other
facilities, in,through, and across a strip of land situated in Gallatin County, Montana, 15 ,
feet wide to be located on the following described real property:
LEGAL DESCRIPTION FOR A 15 FOOT WIDE UTILITY EASEMENT ACROSS TRACT B
OF CERTIFICATE OF SURVEY 1243, SITUATED IN THE NORTHEAST ONE QUARTER
OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY
OF BOZEMAN, GALLATIN COUNTY MONTANA.
A tract of land being a portion of Tract B of Certificate of Survey 1243, situated in the Northeast
one quarter of section 15, Township 2 South, Range 5 East, Prime Meridian, City of Bozeman,
Gallatin County, Montana, and being further described as follows.
Commencing at a point being the North one sixteenth corner of sections 14& 15, Township 2
South,Range 5 East as described in West College Minor Subdivision#195, filed at the Gallatin
County Clerk and recorder's office; which bears N095'24"W a distance of 593.65 feet from the
true Point of Beginning,thence S83°52'34"W a distance of 337.09 feet;thence NO°19'2"W a
distance of 15.08 feet; thence N83°52'34"E a distance of337.11 feet; thence SO°15'24"E a
distance of 15.08 feet to the Point of Beginning.
Said tract contains 0.11 acres, more or less, and is subject to all existing easements.
The easement is more particularly described on the attached Exhibit A which by this
reference is made a part hereof.
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.
F ac;HH es Sery cew
ece ed
MAY 0 4 2021
Montana State Uneversfty
DATED this go day of 4-a't� 52021.
By:
T rry Leist
Vice President of Administration
and Finance
Montana State University
STATE OF MONTANA )
):ss
County of Gallatin Q )
On this 'A� -•day of lL. , 20,2?-,/, before me the undersigned, a Notary
Public for the State of Montana,personally appeared "72� 6elS7— , known to
me to be/Z' J 4 ,rf— of /K 6 t-4- 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 0/1%??7\0
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
P LESUE A.SCHROEDER
p7 AR/q� NOTARY PUBUC for the
(SEAL) State of Montana
: $EAL , Residing at Gallatin Gateway,MT:
`�.+• �� My Commission Expires
� ••MON�P March 19,2022
ota Public for State of Montana
c=
(Printed Name)
Residing at �i�/%/✓��/��l/
My Commission expires 3 / / 120,2-
ACCEPTED:
CITY OF BOZEMAN
by
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of , 2_, before me, a Notary Public for
the State of Montana, personally appeared known to me to be the
City Manager 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.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission Expires / /20
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ITEM#185-2003-R1119
Attachment#1
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PROPOSED
ITEM 111.85-2003-R1.119
Page 1.of 1.
November 21 —22, 2019
ITEM 185-2003-R1119
Request for authorization to execute a public street and utility easement for Technology Boulevard,
Montana State University
THAT
The Board of Regents authorizes Montana State University to execute a fifteen foot (15') public street and
utility easement agreement to extend Technology Boulevard west for the City of Bozeman.
EXPLANATION
1. A fifteen-foot (15') public street and utility easement will be granted on the northern portion of MSU's
property fronting Technology Boulevard West and Fowler Avenue.The public street and utility
easement would be granted to the City of Bozeman to extend public infrastructure including streets,
water and sewer lines.
2. MSU's parcel is currently vacant with no immediate plans for development.The parcel is adjacent to
MSU's Bozeman Agricultural Research and Teaching Farm. Additionally, an existing farmer's canal
easement runs along the southern boundary of the proposed fifteen-foot (15') easement.The canal is
not included in this easement and will not be impacted by the requested easement.
3. The public street and utility easement will contain eight-inch (8") city water and sewer mains that will
be extended to MSU's property line and would be available for MSU to utilize and tie into in the future.
MSU will benefit from this access and utility easement by having readily available public infrastructure if
the University decides to construct facilities on this parcel.This benefit satisfies requirements of 13011
Policy 1003.6.
4. Only city-owned, public infrastructure will be allowed within the public street and utility easement. All
private infrastructure will be required to obtain a separate utility easement from MSU.
ATTACHMENTS
Attachment 141: Two drawings of the proposed easement and its relation to MSU property