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HomeMy WebLinkAbout6-4 Easements-EX-E 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) E 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 L1L2 L3 C1 L4 C2 L5 L6C3L7C4L8L9L10 L11C5L12C6L13L14 C7 L15 C8L16L17 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.E.1 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net 100 2000 SCALE IN FEET EXHIBIT E TURBULENCE LANENORTH 27TH AVENUETRADE WIND LANE EXISTING PROPERTY LINE NORTH 27TH AVENUE RIGHT OF WAY POINT OF COMMENCEMENT TRUE POINT OF BEGINNING 10' WIDE EXISTING UTILITY EASEMENT 10' WIDE PROPOSED 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 L17 BEARING S01° 27' 25"W S89° 53' 47"E S89° 53' 47"E S76° 55' 21"E S88° 31' 27"E N01° 28' 33"E N04° 34' 59"W N89° 45' 16"W N01° 25' 53"E S89° 45' 16"E S01° 28' 33"W S04° 34' 59"E S01° 28' 33"W N88° 31' 27"W N76° 55' 21"W N89° 53' 47"W N01° 27' 25"E LENGTH (FT) 318.49 55.02 7.06 25.36 129.46 223.47 44.19 288.76 10.00 298.77 9.02 44.19 233.47 139.46 25.36 7.30 10.00 CURVE TABLE CURVE NO. C1 C2 C3 C4 C5 C6 C7 C8 RADIUS (FT) 196.00 454.00 275.00 355.00 345.00 285.00 464.00 186.00 LENGTH (FT) 44.38 91.93 29.08 36.34 36.48 30.14 93.96 42.12 DELTA 12°58'26" 11°36'06" 6°03'31" 5°51'55" 6°03'31" 6°03'31" 11°36'06" 12°58'26" 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.E.2 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net EXHIBIT E S04° 34' 58'E 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.E.3 KJK KSB 02/2023engineers surveyors planners scientists MorrisonMaierle 1055 Mount Avenue Missoula, MT 59801 Phone: 406.542.8880 www.m-m.net EXHIBIT E 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 MINOR SUBDIVISION NUMBER 404; THENCE S01°27'25”W ALONG THE WESTERLY LINE OF TRACT 1, CERTIFICATE OF SURVEY 1256, A DISTANCE OF 318.49 FEET TO AN ANGLE POINT; THENCE S89°53'47”E A DISTANCE OF 55.02 FEET TO A POINT ON THE PROPOSED RIGHT OF WAY OF NORTH 27TH AVENUE SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE S89°53'47”E A DISTANCE OF 7.06 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE SOUTH; THENCE ALONG SAID CURVE WITH A RADIUS OF 196.00 FEET, AN ARC LENGTH OF 44.38 FEET, AND AN INTERIOR ANGLE OF 12°58'26” TO A POINT ON A TANGENT LINE; THENCE S76°55'21”E A DISTANCE OF 25.36 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE NORTH; THENCE SAID TANGENT CURVE WITH A RADIUS OF 454.00 FEET, AN ARC LENGTH OF 91.93 FEET, AND AN INTERIOR ANGLE OF 11°36'06” TO A POINT ON A TANGENT LINE; THENCE S88°31'27”E A DISTANCE OF 129.46 FEET TO AN ANGLE POINT; THENCE N01°28'33”E A DISTANCE OF 223.47 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE WEST; THENCE ALONG SAID TANGENT CURVE WITH A RADIUS OF 275.00 FEET, AN ARC LENGTH OF 29.08 FEET, AND AN INTERIOR ANGLE OF 06°03'31” TO A POINT ON A TANGENT LINE; THENCE N04°34'59”W A DISTANCE OF 44.19 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST; THENCE ALONG SAID CURVE WITH A RADIUS OF 355.00 FEET, AN ARC LENGTH OF 36.34 FEET, AND AN INTERIOR ANGLE OF 05°51'55” TO A POINT, HAVING A RADIAL BEARING OF S88°43'04"E; THENCE N89°45'16”E A DISTANCE OF 288.76 FEET TO A POINT ON THE RIGHT OF WAY OF NORTH 27TH AVENUE ; THENCE N01°25'53”W ALONG SAID RIGHT OF WAY A DISTANCE OF 10.00 FEET TO A POINT; THENCE S89°45'16"E A DISTANCE OF 298.77 FEET TO A POINT; THENCE S01°28'33”W A DISTANCE OF 9.02 FEET TO A CURVE; THENCE ALONG A CURVE CONCAVE TO THE WEST WITH A RADIUS OF 345.00 FEET, AN ARC LENGTH OF 36.48 FEET, AND AN INTERIOR ANGLE OF 06°03'31” TO A POINT; THENCE S04°34'58”E A DISTANCE OF 44.19 FEET TO A CURVE; THENCE ALONG A CURVE CONCAVE TO THE EAST WITH A RADIUS OF 285.00 FEET, AN ARC LENGTH OF 30.14 FEET, AND AN INTERIOR ANGLE OF 06°03'31” TO A POINT; THENCE S01°28'33”W A DISTANCE OF 233.47 FEET TO A POINT; THENCE N88°31'27”W A DISTANCE OF 139.46 FEET TO A CURVE; THENCE ALONG A CURVE CONCAVE TO THE SOUTH WITH A RADIUS OF 464.00 FEET, AN ARC LENGTH OF 93.96 FEET, AND AN INTERIOR ANGLE OF 11°36'06” TO A POINT; THENCE N76°55'21”W A DISTANCE OF 25.36 FEET TO A CURVE; THENCE ALONG A CURVE CONCAVE TO THE NORTH WITH A RADIUS OF 186.00 FEET, AN ARC LENGTH OF 42.12 FEET, AND AN INTERIOR ANGLE OF 12°58'26” TO A POINT; THENCE N89°53'47”W A DISTANCE OF 7.30 FEET TO A POINT ON THE RIGHT OF WAY OF NORTH 27TH AVENUE; THENCE N01°27'25”E ALONG SAID RIGHT OF WAY A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. AREA CONTAINING 9,401 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.