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HomeMy WebLinkAbout16- Public Access and Utility Easement - BCE LLC - N. 7th Ave Lighting Improvements C i 01P �bZe�'`a►`� � i I C terIC P.O 13aX 123 ' PLATTED 2548469 Page: 1 of 5 06/20/2016 10:48:20 AM Fee: $35.00 Charlotte Mills - Gallatin County, MT MISC 11111111 IIIIII III IIII IIII1II IIIIII IIII 1111 IIIII IIIII IIIII IIIIIII III IIIII IIIII III1I 1111 IIII PUBLIC ACCESS AND UTILITY EASEMENT BCE LLC, GRANTOR(S), in consideration of one dollar($ 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 a piece of land as shown on the attached Exhibit A, situated in Gallatin County, Montana, which is located on the following described property: Lot 13 of BK 3 of The Violett Addition 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. i (3) The Grantor and the City of Bozeman acknowledge that any setbacks required along North 71h 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 terins, 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��. GRANTOR(S) CORPORATION: �� (Printed e and Capacity) BCE LLC. STATE OF MONTANA ) County of 15sGn1a j ss. d !!-> On this t day of Ty07.u-Pgzt , 20 Up ,before me,the undersigned, a Notary Public for the State of opilm ,personally appeared kit'owtp'� B i Cawpta-nG , known to me to be the V/P of BCE LLC, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. �%,E Sc MICHELLE SCRIBNER (SEAL) �,��p1A��ZF9 NOTARY PUBLIC for the State of Montana SEAL,= Residing at Missoula,MT �P My Commission Expires of M° March 11,2019. Notar Public the State of I Sze��c c� ��Nev— (Printed Name) _ Residing in R\55a k, k- My Commission Expires /20 19 ACCEPTED: CITY F 130�E by City Manager ` ATTEST: ' City Cleric JJ° B3 ,•`r IN co STATE OF MONTANA ) SS. County of Gallatin On this day of ,2o-qSbelfore in a Notar ublicfothe State of Montana, personally a peared CHRIS A. KUKK 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 AL) otary Public for the State of Montana ;. 0P'B;FN HEATHER ,VENUE �� •.... L�; Notary T'No��Hiq� for the State of h9o!r, i-1 *_ Residing a : (Printed Name) -IL5;.SEAL.-'* Bozeman, Montana t Residing at Bozeman, Montana FOF Mo�CP, My Commission Expiros: My Commission Expires: / /20 January 26,2018 OU i n �Mav . EXHIBIT A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE WEST LINE OF LOT 13, BLOCK 3, THE VIOLETT ADDITION, PLAT E-1; 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): BCE LLC 131 W.MAIN ST. MISSOULA,MT.59802 AREA=400.00 SQUARE FEET LEGEND: ® PUBLIC ACCESS AND UTILITY EASEMENT W ,-CZ 4 Z) S88°23'59"E Z W s.00' Q 2 ~ N0054'43"E S0054'43"W Z 50.00' �50.00' UJ Z W 0L-- 0 �- > W W � �OZ 13 0 30 fry- N88023'58"W ( IN FEET ) 0 8.00' Z SURVEYOR'S CERTIFICATE SOS 12 I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify that I conducted this easement survey. Jon C.Wilkinson,PLS,CFedS The bearings shown hereon are derived from the Montana MT Reg.No.16411 LS Morrison-Maierle,Inc. Coordinate System,Zone 2500, NAD 83(1999) -� Engineers 901TechnologyBlvd. DRAWN BY: DS NORTH 7TH AVENUE PROJECT NO. MORRISON Bozeman CHK'D.BY B KIT 59718 JCW BOZEMAN LIGHTING IMPROVEMENTS MONTANA 0417.063 surveyors : INC. ientists �� AIERLE,11V Planners Phone:(406)587-0721 APPR.BY: KDJ FIGURE NUMBER Fax:(406)587-1176 DATE: 06102/2015 nn/ phj--O-,,dC,) p..n, COPYRIGHT_l.IOPRI50'!-l.W EPLE.INC.,2015 EXHIBIT A N:\041 T063\ACAD1Exhibils\EASEMENTS-H-II-2015.dwg Plotted by kevin jacobsen on JuR/9/2015