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HomeMy WebLinkAbout6-0 Easements-EX-A PUBLIC UTILITY EASEMENT ______________________, 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 of each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, 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, 24 feet and 30 feet wide to be located on the following described real property: A public utility easement located in Tract 1 of Certificate of Survey 1256 all lying in Lot 2, Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit(s) 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. DATED this day of , 20 . By: Grantor STATE OF MONTANA ) )ss. County of Gallatin ) On this day of ,20 ___, before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she did execute the same. 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 / /200 ACCEPTED: __________________________ CITY OF BOZEMAN by ________________________ City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 20 , before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, 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. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20 USE THIS BLOCK IF IT'S FOR A COMPANY, NOT AN INDIVIDUAL. CORPORATE: STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of 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 . 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 L1 L2L3L4L5C1L6 L7 C2L8LINE TABLE LINE NO. L1 L2 L3 L4 L5 L6 L7 L8 BEARING N89° 39' 17"E N01° 27' 25"E S89° 39' 08"W N01° 28' 33"E S76° 55' 21"E S01° 28' 33"W N89° 39' 08"E S01° 27' 25"W LENGTH (FT) 294.15 81.02 198.10 359.30 21.22 323.61 174.34 20.23 CURVE TABLE CURVE NO. C1 C2 RADIUS (FT) 524.00 180.00 LENGTH (FT) 3.28 9.80 DELTA 0°21'32" 3°07'06" PROJECT NO. SHEET NUMBER COPYRIGHT MORRISON-MAIERLE,2023 Plotted by kevin kittleson on Feb/13/2023 DRAWN BY: FLD WK. BY: CHK. BY: DATE: ©M:\10093 Voyager Residential Partners, LLC\001_27th & Tschache Multi Family\ACAD\Record\Easements.dwg2695 TSCHACHE LANE PUBLIC UTILITY EASEMENT EXHIBIT BOZEMAN MONTANA 10093.001 EX.A.1 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net 30 600 SCALE IN FEET EXHIBIT A TURBULENCE LANE PROPOSED BUILDING (TYP.) EXISTING PROPERTY LINE 24' PROPOSED PUBLIC UTILITY EASEMENT POINT OF COMMENCEMENT TRUE POINT OF BEGINNINGNORTH 27TH AVENUENORTH 25TH AVENUETSCHACHE LANE ROAD EASEMENT ROW 30' PROPOSED PUBLIC UTILITY EASEMENT EXISTING 10' UTILITY EASEMENT PROPOSED 10' UTILITY EASEMENT EXISTING 10' UTILITY EASEMENT ROAD EASEMENT ROW PROPOSED 10' UTILITY EASEMENT PROPOSED TRASH ENCLOSURE PROJECT NO. SHEET NUMBER COPYRIGHT MORRISON-MAIERLE,2023 Plotted by kevin kittleson on Feb/13/2023 DRAWN BY: FLD WK. BY: CHK. BY: DATE: ©M:\10093 Voyager Residential Partners, LLC\001_27th & Tschache Multi Family\ACAD\Record\Easements.dwg2695 TSCHACHE LANE PUBLIC UTILITY EASEMENT EXHIBIT BOZEMAN MONTANA 10093.001 EX.A.2 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net EXHIBIT A EASEMENT DESCRIPTION A PUBLIC UTILITY EASEMENT LOCATED IN TRACT 1 OF CERTIFICATE OF SURVEY NUMBER 1256 ALL LYING IN LOT 2, SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, SAID AREA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT 1, CERTIFICATE OF SURVEY 1256; THENCE N89°39'17”E ALONG THE SOUTHERLY LINE OF SAID TRACT 1 A DISTANCE OF 294.15 FEET TO A POINT; THENCE N01°27'25”E A DISTANCE OF 81.02 FEET TO A POINT ON THE PROPOSED RIGHT OF WAY OF NORTH 25TH AVENUE SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE S89°39'08”W A DISTANCE OF 198.10 FEET; THENCE N01°28'33”E A DISTANCE OF 359.30 FEET TO A POINT ON THE PROPOSED RIGHT OF WAY OF TURBULENCE LANE; THENCE S76°55'21”E ALONG SAID PROPOSED RIGHT OF WAY A DISTANCE OF 21.22 FEET TO A CURVE CONCAVE TO THE NORTH, SAID CURVE HAVING A RADIAL BEARING OF N12°43'07"E ;THENCE ALONG A CURVE WITH A RADIUS OF 524 FEET, AN ARC LENGTH OF 3.28 FEET AND AN INTERIOR ANGLE OF 00°21'32”; THENCE S01°28'32”W A DISTANCE OF 323.61 FEET; THENCE N89°39'08”E A DISTANCE OF 174.34 FEET TO A CURVE CONCAVE TO THE EAST ON THE PROPOSED RIGHT OF WAY OF NORTH 25TH AVENUE, SAID CURVE HAVING A RADIAL BEARING OF S85°25'28"E; THENCE ALONG SAID CURVE WITH A RADIUS OF 180.00 FEET, AN ARC LENGTH OF 9.80 FEET AND AN INTERIOR ANGLE OF 03°07'06"; THENCE S01°27'25”W ALONG SAID PROPOSED RIGHT OF WAY A DISTANCE OF 20.23 FEET TO THE TRUE POINT OF BEGINNING. AREA CONTAINING 13,778 SQUARE FEET MORE OR LESS. CERTIFICATE OF SURVEYOR I, KEITH BELDEN, PROFESSIONAL ENGINEER AND LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED UNDER MY SUPERVISION DURING THE MONTH OF FEBRUARY, 2023 DATED THIS DAY OF , 2023. BY: KEITH S. BELDEN PE, LS MONTANA REGISTRATION NO. 10692ES BASIS OF BEARING BOBCAT COORDINATE SYSTEM, NAD83(2011) PER THE "ROCKY MOUNTAIN TRIBAL COORDINATE REFERENCE SYSTEM" HANDBOOK USER AND GUIDE, PUBLISHED SEPTEMBER 30TH 2014 AND SUBSEQUENT REVISIONS, ESTABLISHED BY OBSERVATIONS MADE WITH SURVEY-GRADE GNSS RECEIVERS.