HomeMy WebLinkAbout15- Public Access and Utility Easement - Eckroth Plaza Montana LLC, N. 7th Ave Lighting Improvements �Ze burn �e
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Page: 1 of 5 06/20/2016 10:48:20 AM Fee: $35.00
Charlotte Mills - Gallatin County, MT MISC
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PUBLIC ACCESS AND UTILITY EASEMENT
Eckroth Plaza Montana LLC., GRANTOR(S), in consideration of one dollar($ 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 20, less bargain and sales deed Book 148, P. 174, Tracy's
2"d Addition, Block E, 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 Off" day ofl�Q , 20 1
GRANTORS
CORPO W�ON: :���
fme and Capacity)
aza Montana LLC..
STATE OF MONTANA )
ss.
County of Gallatin ) it
On this JtQ day of 64 ,20 J5,before me,the undersigned, a
Notary Public for the State off ,�1 personally appeared L Gx�c?l'1ti,�
ff
known to me to be the of Eckroth Plaza L9tanaJLLC.,the
corporation that executed the within instrument, and acknowledged to me that he executed the
�j
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.
(SEE) TAMARA KAUTZMAN
otary Public
of North Dakotasion Expires April 28,2020
Notary Public for th State f ,_ �
T wia►-a- a zn-tangy
(Printed Name)
Residing in `MD4y,, r4lo My Commission'Commission Expires 6tj /20 ZD
ACCEPTED:
CIT 0E
b S,1Jy�
City Manager
ATTEST: • • O
City Clerk
`9TIN CO-
STATE OF MONTANA')` '
1
County of Gallatin )ss. �v
On this day of ,20 I , before me, a Notary Publ�, %�nownOV�
the State of Montana,personallyap eared CHRIS A. KUKU SKI and
to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose J
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.
(SEAL ;;---
���e�F,yG, HEAfiH€R "IENVENUE
• 6y= Not
Public
is NOT^�iiy�:m:for the State of Montana
lotary'Public for the State of Montana >N,.S ElA L gozen anResi�� Montana
M Commissi of o Y on Expires:
M January 26, 2018
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20
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EXHIBIT A
A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE WEST LINE OF LOT 20
LESS BARGAIN AND SALE DEED BOOK 148, P. 174, TRACY'S 2ND ADDITION, BLOCK E, PLAT C-18; 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):
ECKROTH PLAZA MONTANA LLC.
1655 N.GRANDVIEW LANE,STE. 102
BISMARCK,ND.58503-0877
Beginning at a point being the Northwest corner of said Lot
20;thence S89°04'27"E a distance of 8.00 feet;thence
I S1*17'27"W a distance of 135.90 feet;thence along a curve
to the right for a distance of 18.47 feet,said curve having a
radius of 20.01 feet and a delta angle of 52o52'54";thence
S89004'27"E ALLEY 20' N1°17'27"E a distance of 119.92 feet to the point of
8.00' beginning. Said easement being 1048.41 square feet
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Q PUBLIC ACCESS AND
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N 1°17'27"E L=18.47, R= 0.01
119.92' 0=52052'54" 0 30
( IN FEET )
SURVEYOR'S CERTIFICATE
I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify
that I conducted this easement survey.
MENDENHALL ST.
)F BOZEMAN
Pg2241
Jon C.Wilkinson,PLS,CFedS
The bearings shown hereon are derived from the Montana MT Reg. S
Morrison-Maierlele,Innc.
Coordinate System,Zone 2500,NAD 83(1999)
�•'� MORRISON Engineers 901TechnologyBNd. DRAWN BY DS NORTH 7TH AVENUE PROJECT NO.
SurveroI Bozeman MT59718 CHK'D.BY: JCW LIGHTING IMPROVEMENTS O41z063
LA Scientists MAIERLE INC. Planner, Phone:(406)587-0721 APPR.BY: KDJ BOZEMAN MONTANA
Planners Fax:(40 6)587-1176
� DATE: 6/022015 FIGURE NUMBER
nn en:Pfay�-olnlee cnnP.,nJ EXHIBIT A A
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N:\0417\063\ACAD\Exhibds\EASEMENTS-H-II-2015.dv.g Plotted by kevin jacobsen on Jun/92015 L 1