HomeMy WebLinkAbout16- Public Access and Utility Easement - Albee - N. 7th Ave Lighting Improvements V;eon, A-b .
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Charlotte Mills - Gallatin County, MT MISC
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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\
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2
N1 023'1 YE ~
0 88.64' O
0
Z
Q N
�o1 5 0 0�° S1°23'13"W
88.64'
0
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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