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HomeMy WebLinkAbout15- Public Access and Utility Easement - MKM Enterprises, N. 7th Ave Lighting Improvements C��c� (�jU2_ern 2ry PLATTED ` ` 2548876 Page: 1 of 5 06/23/2016 09:33 46 AM Fee $35 00 1111111111111111111111111111111111I 1111111111111111111111IIIIIII11111111111111111111111 Ch , . tMll� - Gallatin County, MT MISC PUBLIC ACCESS AND UTILITY EASEMENT MKM Enterprises, GRANTOR(S), in consideration of one dollar($ 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: Lots 17 and 18 Block 3 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. (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 .'?, day of Ste, 20 f s' GRANTOR(S) CORPORATION: (Printed Name and Capacity) MKM Enterprises STATE OF MONTANA ) ss. County of Gallatin ) On this 71 day of S2� c,v , 20 S-, before me, the undersigned, a Notary Public for the State of w�o,,1=v►� ,personally appeared IV4 ale,/ , known to me to be the owV, ,i, of MKM Enterprises, 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. ;.`'�ygECKF^'>, ANTHONY BECKEN GADDO (SEAL) off. Notary Public _a•�pTAR/q for the state of Montana o- Residing at: ;.SEAL.-. Bozeman, Montana Commission Expires: of MpC� January 12019 o ary Public for the State of (Printed Name) Residin ommission Expires / /20 ACCEPTED: CITYQF C.��.iiO�E by • • " ° •� =A�&— dx. City Manager ATTEST: `� '•',6' City Clerk TIN C� STATE OF MONTANA ) ss. County of Gallatin On this o/D day of ,20 ,before me, a No Public for the State of Montana,personally ppeared CHRIS A. KUKULSKI and �s �T, 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) r Notary Public for the State of Montana HEATHER &ENVENUE s c� Notary Pub' �:`: :;•;r r�!�, fo e star Nlnnia (Printed Name) _: .; ` = rding at: ; man, an_i Residing at Bozeman, Mo tana My Commission Expires/ f r r.rssign Expirc;s: i 3,2018 der fa . " ENVENUE. CEP B�EiyL, HEATHER BI CQ �( �.x.• F<; Not Public _T�.Np1ARhj j-.c_for the state of Montana Residing at: �T.SEAL:zQ;= eazeman, Montana 9 P;' My Commission Expires: January 26,2018 � EXHIBIT A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE WEST LINE OF LOTS 17 AND 18, 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): MKM ENTERPRISES 438 N.7TH AVE. BOZEMAN,MT.59715 AREA=1084.24 SQUARE FEET SHORT ST. S88050'1 TE 8.00' LEGEND: N0054'43"E 7] PUBLIC ACCESS AND 135.50' ( UTILITY EASEMENT I I S0°54'43"W 135.56' o oT Aa W Z k0� \W 0 m a / > w Z Z W 0 30 W � I SOT IN FEET ) SURVEYOR'S CERTIFICATE ry O a I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify that I conducted this easement survey. Z N88023'59"W 8.00' Jon C.Wilkinson,PLS,CFedS The bearings shown hereon are derived from the Montana MT Reg.No.16411LS Coordinate System,Zone 2500,NAD 83(1999) Morrison-Maierle,Inc. M�RRISON Engineers 901TechnologyBlvd. DRAWN BY: IDS NORTH 7TH AVENUE PROJECTNO. so,oey— Bozeman MT 59718 CHK'D BY: JCW LIGHTING IMPROVEMENTS O417.063 —�AA-6---aMAIERLE,INC. Scientists BOZEMAN MONTANA Phone:(406) 721 APPR.BY: KDJ Fax:(406)587-117-1176 FIGURE NUMBER An Employee-O—d Company DATE: 06/021201 5 cowraic,rr n Moawsaw.wrnlel uic-.m,s EXHIBIT N:W4171063WCADtEdtibdsXEASEMENTS-H-II-2015.dwg Plotted by kevinjacobsen on Jun/9Y2015