HomeMy WebLinkAbout15- Public Access and Utility Easement - Spott, N. 7th Lighting Improvements Q•O•
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Charlotte Mills - Gallatin County, MT MISC
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PUBLIC ACCESS AND UTILITY EASEMENT
Richard G Spott, 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: The south 23 feet of Lot 5 Lot 6 Lot 7 and Lot 8 of Block 9 less Beall final order of
condemnation, Book 25, Page 228 Springbrook 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 7ch 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 2cl day of 5�g i , 20 1
G NTOR(S):
STATE OF MONTANA )
ss.
County of Gallatin )
On this-Z�9-_day of �,t 0 F f�� , 201,S, before me the undersigned, a
Notary Public for the State of Montana,personally appeared ,if
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.
y OECKF
ANTHONY BECKEN GADDO
(SEAL) off' = Notary Public
2�ornrt�q�.'$:for the State of Montana
=a —•— a-- Residing at:
SEAL.'*,*:- Bozeman, Montana
My Commission Expires:
January 30,2019
Notary Public for the Stat f Montana
(Printed Name)
Residing in
My Commiss' Expires / /20
ACCEPTED:
byTCJ��n,JJO�EM N
_r<l Kt ixt hr i>rr
B 0 City Manager
ATTEST: ,•
City Clerk * • 1,
r ��'• 1883
♦ ♦ ■ r •TjN co.Rio
STATE OF MONTANA`)' '` '`
) SS.
County of Gallatin )
L
On this JA day of ,201U, before me, a Notary Public for=
the State of Montana,personally ppeared CHRIS A. KUKULSKI and S - N. cJ50-wn
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 BIENVkN'.1[
�.`RaiENF
��E ��• Notary Public
(SEAL) ;ry'No��R�q�?�sfor the State of Montana
__: '"_ Residing at:
AL. Bozeman Montana
,� ••• % My Commission Expirca: c
otary Public for the State of Montana OF nno , January 26,20�s_ _
(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 EAST LINE OF THE
SOUTH 23 FEET OF LOT 5, LOT, 6, LOT 7 AND LOT 8, OF BLOCK 9, LESS BEALL FINAL ORDER OF CONDEMNATION, BK.
25, P.228 SPRINGBROOK ADDITION, 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):
BEALL ST. RICHARD G SPOTT
661 SUNNY ACRES DR.
BOZEMAN,MT.59718
AREA=784.00 SQUARE FEET
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LpS 6 I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify
that I conducted this easement survey.
LAMME ST. N88049'51"w
8.00'
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)
MORRISON Engineers 901 Technology Blvd. DRAWN BY: DS NORTH 7TH AVENUE PROJECT NO,
Bozeman MT 59718 0417.D63
Scesurveyors CHMD.BY: JCW LIGHTING IMPROVEMENTS
MAIERLE INC. Mel p°'elrs Phone:(406)587-0721 APPR.BY: KDJ BOZEMAN MONTANA
--` - Fax:(406)587-1178 FIGURE NUMBER
An Employee-O�raed Company DATE: O6/02/2015
coa n—araow 04—Le Inc-mE EXHIBIT A A
N:\d1417\063�ACAD\E>diibils�EASEMENTS-H-II-2015.dAvg Plotted by kevin jacobsen on Jun/912015