HomeMy WebLinkAbout15- Public Access and Utility Easement - Gibson, N. 7th Ave Lighting Improvements Cr
�jo 1�yv�a,•�� a,� 51
pL47 ED 7
2548472
Page: I CharlottefMills 06/20/2016
Gounty?OM MIS
AM Fee: $3GC
11111111111111 III 11111111111111111 IN 111111111111111111111111 I���
PUBLIC ACCESS AND UTILITY EASEMENT
Burton K Gibson & Kathleen M Gibson, GRANTOR(S), in consideration of one dollar
($ 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: Along the West Line of Lots 9-12 of Block 2 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.
f
(3) The Grantor and the City of Bozeman acknowledge that any setbacks required along
North 7" 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 �D day of��v��✓, 20 Lf
GRAN OR(S):
STATE OF MONTANA )
SS.
County of Gallatin )
On this 30A day of C)c I-o b t✓ , 20 1.S , before me the undersigned, a
Notary Public for the State of Montana,personally appeared V-o r—ttej e, r,;bso'
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.
ANTHONY BECKEN GADDO
(SEAL) �oaygECKFtQ Notary Public
<2'No7ngiq�° for the State of Montana
*. o*; Residing at:
;CP' SEAL.-Q Bozeman, Montana
My Commission Expires:
January 30,2019
N'TTotary Public for the Stat f Montana
(Printed Name)
Residing in
My Commis ' n Expires / /20
ACCEPTED:
CIT60F BOZE
'-` t> by City MMannager
0 y p q
ATTEST:
City Clerk
STATE OF MONTANA )
ss.
County of Gallatin )
On this day of ,201�-, before me, a Notary Public
the State of Montana,personally peared CHRIS A. KUKULSKI and ST49* 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. HEATHER BIENVENIJE
BF
�� ....NLF Notary Public
iotauryy
ALJ_ %olnaiq�?m-for the State of Montana
Residing at:
=,� SEAL Q> Bozeman, Montana
'9oFMOP=` My Commission Expires:Public for the State of Montana January 26,2018
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: _/ /20
EXHIBIT A
A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE WEST LINE OF LOTS
9-12, BLOCK 2,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):
S88'50'20"E PEACH ST. BURTON K GIBSON&KATHLEEN M GIBSON
8.00' 510 N.7TH AVE.
BOZEMAN,MT.59715
S0054'40"W 12 Beginning at a point being the Southwest Corner of said Lot
NO 54 40 E 72 83' SOS 9;thence N00°54'40"E a distance of 204.00 feet;thence
204.00' S88°50'20"E a distance of 8.00 feet;thence SO°54'40"W a
distance of 72.83 feet;thence S28°43'43"W a distance of
14.15 feet;thence SO°59'43"W a distance of 5.96 feet;
thence S26°09'11"E a distance of 14.54 feet;thence
SOo54'40"W a distance of 99.75 feet;thence N88°50'16"W a
distance of 8.00 feet to the point of beginning. Said
easement being 1508.88 square feet.
W
D LEGEND:
Z PUBLIC ACCESS AND
W LOB 1� UTILITY EASEMENT
> L,iS28043'43"W
Q 14.15'
= S0059'43"W
5.96' o
Z
S26°09'11"E < Y W
W 14.54' oma
U) >
W
F—
S0°54'40"W
0 99.75'
Z
0 30
( IN FEET )
LOT 9
SURVEYOR'S CERTIFICATE
I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify
that I conducted this easement survey.
a �
N88050'16"W
8.00'
Jon C.Wilkinson,PLS,CFedS
The bearings shown hereon are derived from the Montana MT Reg.No. 16411 LS
Coordinate System,Zone 2500,NAD 83(1999) Morrison-Maierle,Inc.
MORRISON Engineers 901 Technology Blvd. DRAWN BY: DS NORTH 7TH AVENUE PROJECTNO.
sN 'Y" Bozeman MT 59718 CHK'D.BY: JCW LIGHTING IMPROVEMENTS O417-063
MAIERLE NC. S°'a°"s`s BOZEMAN MONTANA
Planners Phone:(406)587-0721 APPR.BY: KDJ
Fax:(406)587-1176 DATE: O6/02/2015 FIGURE NUMBER
Ao F—ploy yze-o1 n dCnmp—y EXHIBIT A A
C�VRIGNT 6 AIIXiRiSCtMWERIE,INC..3015 {�
N:�D417\0631ACAD1Exhibits\EASEMENTS-H-II-2015.dwg Plotted by kevinjacobsen on Jun/9/2015 l 1