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HomeMy WebLinkAbout16- Public Access and Utility Easement - Albee - N. 7th Ave Lighting Improvements V;eon, A-b . C,k-1 IZerv��,lv r ZCy►-\2N M 2 3 PLATTED d� 2548470 Page: 1 of 5 06/20/2016 10:48:20 AM Fee: $35.00 Charlotte Mills - Gallatin County, MT MISC I IIl III IIIIII III IIII IIIIIII IIIIII lII IIII IIIII I� I'll)II II l III III II I IIIi IIII IIII PUBLIC ACCESS AND UTILITY EASEMENT William M and Jeannine E Albee, GRANTOR(S), in consideration of one dollar($ 1.00) and for other and valuable consideration, receipt of which is hereby 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, a public access and utility easement for sidewalk and utility improvements for the use of the public in, through and across an 8 foot wide strip of land situated in Gallatin County, Montana, which is located on the following described property: A portion of Lot 3, and Lots 4,5 and 6, less bargain and sale deed BK. 149 P. 1 and P. 3, Springbrook Addition, Block 1, Located in the Northeast One-Quarter of Section 12 Township 2 South, Range 5 East, Principal Meridian, Gallatin County Montana. The easement is more particularly described on the attached Exhibit A which by this reference are made a part hereof. The GRANTOR(S) agrees: (1) To maintain the sidewalk at their own expense in accordance with relevant City Ordinances, including, but not limited to, snow removal and all major and minor repair work. (2) To allow the City to make any and all inspections of the sidewalk, utility infrastructure and land appurtenant thereto as the City reasonably deems necessary. (3) The Grantor and the City of Bozeman acknowledge that any setbacks required along North 7th Avenue will be measured from the actual property line and not from the edge of the public access easement established by this easement. The GRANTOR(S) warrant that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. 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 ZZ"'1 day of f , 20 /,6 GRANTORS Jam^ STATE OF MONTANA ) ) ss. County of Gallatin ) On this <—Z. day of I-PbU/lry , 20-bL-,before me the undersigned, a Notary Public for the State of Montana,personally appeared fIi-h-n^41�t-, 4 Teann�, 14 jbee known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. SEAL o��N Ace COLIN ALBEE ( ) Notary Public :',X0TAR1,j. ;for the State of Montana *= Residing at: .SEAL.-Q- Bozeman, Montana ommission Expires: September 18,2019 Notary Public for the State of Montana Co 7i aA b (Printed Name) Residing in bozw My Commission Expires J / /20 / ACCEPTED: CITY F BO , by B01> ,' City Manager y • u ATTEST: City Clerk TIN co•' JI�J STATE OF MONTANA ) ss. �\ County of Gallatin ) On this �Q day of , 20 , before me, a Notary P lie for the State of Montana,personally a peared CHRIS A. KUKULSKI and , known to me to be the City Manager and City Clerk for 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 on the day and year first above written. (S ) 8otary G , �, """''� HEATHER BIENVENUE��`�BiEH�F Notary Public Public for the State of Montana ;' n ?�:for the state of Montana =1: —— '"- Residing at: NT,Sh�AL.-*,* Bozeman, Montana Printed Name `-?�oF'Mo�P" My Commission Expires: ( ) „ January 26,2018 Residing at Bozeman, Montana My Commission Expires: / /20 V EXHIBIT A A PUBLIC AUCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF A PORTION OF LOT 3,AND LOTS 4,5, AND 6, LESS BARGAIN AND SALE DEED, BK. 149, P. 1 AND P. 3, SPRINGBROOK ADDITION, BLOCK 1, PLAT B-24; SITUATED IN THE NE1/4 OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. OWNER INFORMATION(CURRENT AS OF PRINTED DATE): MENDENHALL ST. WILLIAM M AND JEANNINE E ALBEE 8065 COTTONWOOD ROAD BOZEMAN,MT.59718 Beginning at the Southeast corner of said Lot 6;thence N88°36'47"W a distance of 8.00 feet;thence N1°23'13"E a distance of 88.64 feet;thence S88°36'47"E a distance of 8.00 feet;thence S1°23'13"W a distance of 88.64 feet to the point of beginning.Said easement being 709.12 square W feet. ) LOS 1 Z \W S88036'47"E = LEGEND: PUBLIC ACCESS D 7 UTILITY EASEMENT LOj 3 \W\ ��W vJ 2 N1 023'1 YE ~ 0 88.64' O 0 Z Q N �o1 5 0 0�° S1°23'13"W 88.64' 0 Z o_ rn 0 30 SOT 6 ( IN FEET ) ALLEY 20' N88°36'47"W SURVEYOR'S CERTIFICATE I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify 8.00 that I conducted this easement survey. LOT$ I- -M Jon C.Wilkinson,PLS,CFedS The bearings shown hereon are derived from the Montana MT Reg.No. 16411LS Morrison-Maierle,Inc. Coordinate System,Zone 2500,NAD 83(1999) MORRISON -1 Technology Blvd. DRAWN BY: Ds NORTH 7TH AVENUE PROJECTNO. Engineers Bozeman MT 59718 0417.063 surveyors CHK'D.BY: JCW BOZEMAN MONTANA MAIERLE,INC. SCeo1-`s Planners Phone:(406)587-0721 APPR.BY: KDJ Faz:(406)587-1176 FIGURE NUMBER An Employee-0wned Company DATE: 6/02/2015 COPYnIGHT9 MORRISOMRWERLE.ItK..NnS EXHIBIT A A N:`A417\063'ACAD\Exhibils\EASEMENTS-H-II-2015.dwg Plotted by kevin jacobsen on Juni92015