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HomeMy WebLinkAbout6-3 Easements-EX-D PRIVATE 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, 10 feet wide to be located on the following described real property: A private 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) D 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 L2L3C1L4C2L5L6C3 L7 C4L8L9L10C5 L11 C6 L12 L13C7L14C8L15L16 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 PRIVATE UTILITY EASEMENT EXHIBIT BOZEMAN MONTANA 10093.001 EX.D.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 D TURBULENCE LANE NORTH 27TH AVENUETSCHACHE LANE 10' WIDE PROPOSED UTILITY EASEMENT EXISTING PROPERTY LINE TSCHACHE LANE RIGHT OF WAY NORTH 27TH AVENUE RIGHT OF WAY POINT OF COMMENCEMENT TRUE POINT OF BEGINNING NORTH 25TH AVENUE10' WIDE EXISTING UTILITY EASEMENT PROPOSED PUBLIC UTILITY EASEMENT LINE TABLE LINE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 BEARING N89° 39' 17"E N01° 27' 25"E N01° 27' 25"E N28° 58' 13"E N01° 28' 33"E N88° 31' 27"W N76° 55' 21"W N89° 53' 47"W N01° 27' 25"E S89° 53' 47"E S76° 55' 21"E S88° 31' 27"E S01° 28' 33"W S28° 58' 13"W S01° 27' 25"W S89° 39' 08"W LENGTH (FT) 284.15 40.00 61.57 73.10 104.39 129.46 25.36 8.95 10.00 8.72 25.36 139.46 114.39 73.10 61.25 10.00 CURVE TABLE CURVE NO. C1 C2 C3 C4 C5 C6 C7 C8 RADIUS (FT) 190.00 110.00 534.00 116.00 126.00 524.00 120.00 180.00 LENGTH (FT) 91.24 52.79 108.13 26.27 28.53 106.10 57.58 86.44 DELTA 27°30'48" 27°29'40" 11°36'06" 12°58'26" 12°58'26" 11°36'06" 27°29'40" 27°30'48" 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 PRIVATE UTILITY EASEMENT EXHIBIT BOZEMAN MONTANA 10093.001 EX.D.2 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net EXHIBIT D 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 PRIVATE UTILITY EASEMENT EXHIBIT BOZEMAN MONTANA 10093.001 EX.D.3 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net EXHIBIT D EASEMENT DESCRIPTION A PRIVATE UTILITY EASEMENT LOCATED IN TRACT 1 OF CERTIFICATE 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 284.15 FEET; THENCE N01°27'25”E A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH EDGE OF A 10-FOOT PUBLIC UTILITY EASEMENT, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE N01°27'25”E A DISTANCE OF 61.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 190.00 FEET, AN ARC LENGTH OF 91.24 FEET, AND AN INTERIOR ANGLE OF 27°30'48” TO A POINT OF TANGENCY; THENCE N28°58'13”E A DISTANCE OF 73.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE WEST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 110.00 FEET, AN ARC LENGTH OF 52.79 FEET, AND AN INTERIOR ANGLE OF 27°29'40” TO A POINT OF TANGENCY; THENCE N01°28'33”E A DISTANCE OF 104.39 FEET TO AN ANGLE POINT; THENCE N88°31'27”W A DISTANCE OF 129.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 534 FEET, AN ARC LENGTH OF 108.13 FEET, AND AN INTERIOR ANGLE OF 11°36'06” TO A POINT OF TANGENCY; THENCE N76°55'21”W A DISTANCE OF 25.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 116.00 FEET, AN ARC LENGTH OF 26.27 FEET, AND AN INTERIOR ANGLE OF 12°58'26” TO A POINT OF TANGENCY; THENCE N89°53'47”W A DISTANCE OF 8.95 FEET TO AN ANGLE POINT; THENCE N01°27'25”E A DISTANCE OF 10.00 FEET TO AN ANGLE POINT; THENCE S89°53'47”E A DISTANCE OF 8.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 126.00 FEET, AN ARC LENGTH OF 28.53 FEET, AND AN INTERIOR ANGLE OF 12°58'26” TO A POINT OF TANGENCY; THENCE S76°55'21”E A DISTANCE OF 25.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 524.00 FEET, AN ARC LENGTH OF 106.10 FEET, AND AN INTERIOR ANGLE OF 11°36'06” TO A POINT OF TANGENCY; THENCE S88°31'27”E A DISTANCE OF 139.46 FEET TO AN ANGLE POINT; THENCE S01°28'33”W A DISTANCE OF 114.39 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE WEST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 120.00 FEET, AN ARC LENGTH OF 57.58 FEET, AND AN INTERIOR ANGLE OF 27°29'40” TO A POINT OF TANGENCY; THENCE S28°58'13”W A DISTANCE OF 73.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 180.00 FEET, AN ARC LENGTH OF 86.44 FEET, AND AN INTERIOR ANGLE OF 27°30'48” TO A POINT OF TANGENCY; THENCE S01°27'25”W A DISTANCE OF 61.25 FEET TO AN ANGLE POINT; THENCE S89°39'08”W A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. AREA CONTAINING 6,911 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.