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HomeMy WebLinkAbout15- Public Access and Utility Easement - Human Res Dev Council of Dist IX, N. 7th Ave Lighting Improvements 4j; C; (e r k- � �• �bx 123� 1302vz�at-J, A-A7 Tel JPLATTED:��y 2548473 Page: 1 of 5 06/20/2016 10:48:20 AM Fee: $35.00 Charlotte Mills - Gallatin County, MT MISC IIIIII IN ills illll illll IIIII illllll III 11111111111111111111111 PUBLIC ACCESS AND UTILITY EASEMENT HUMAN RES DEV COUNCIL OF DIST IX INC., GRANTOR(S), in consideration of one dollar($ 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 1 of Block 1, of the rearrangement of a portion of border Tract 13, 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 riot 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 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/ day of l�, 20 . GRANTOR(S) CORD RATIO 61I�+iiVV) (Printed Name and Capacity) HUMAN RES DEV COUNCIL OF DIST IX INC. STATE OF MONTANA ) ss. County of Gallatin ) On this /,;�) day of 06--rD �� , 20 :> , before me, the undersigned, a Notary Public for the State of Ind)IT-0A- , personally appeared known to me to be the (''00 of HUMAN RES DEV COUNCIL OF DIST IX INC., 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. y'A niq MARY A MARTIN Notary Public (SEAL) ,.: :for the state of Montana Residing at: 9.SEAL. Belgrade, Montana OF Mod, My C mmission Expires: April 12,2019 ZZLII� — Nota Pu is for the State of (Printed Name) Residing in My Commission Expires / /20 ACCEPTED: B b O (. 0 '�•�7kA�h�4 O�' ' ' ` i City Manager :A • ATTEST: y • City Clerk 83 , IN CO• • STATE OF MONTANA ) ) ss. County of Gallatin ) On this day of ,201, before me, a Notary Publi or �w 01 the State of Montana, personally peared CHRIS A.KUKULSKI and S ,known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose l 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) Notary Public for the State of Montana (Printed Name) Residing at Bozeman, Montana My Commission Expires: _/ /20 HEATHER BIENVENU-: ��• ''' •�F'; Notary Public <_ ,1oTAR/q4 m_for the State of Montana a*. * Residing at: (P .��•AL.�Q,= Bozeman, Montana =9P� My Commission Expires: of Mo January 26,2018 DIP EXHIBIT A A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE WEST LINE OF LOT 1 BLOCK 1, OF THE REARRANGEMENT OF A PORTION OF BORDER TRACT 13, PLAT G-45; 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): HUMAN RES DEV COUNCIL OF DIST IX INC. 32 S.TRACY AVE. BOZEMAN,MT.59715 Beginning at a point being the Northwest corner of said Lot 1;thence S88o20'09"E a distance of 8.00 feet;thence S1°07'42"W a distance of 2.85 feet;thence S17°02'15"W a 6 distance of 29.19 feet;thence N1'07'42"E a distance of 6 pCK2 30.99 feet to the point of beginning. Said easement being S88020'09"E 135.41 square feet. N1°07'42"E 8.00' 30.99' W LEGEND: z S1 007'42"W LL PUBLIC ACCESS AND W 2.8j' 0 co UTILITY UTILITY EASEMENT /\< W LL 0 C) S17°02'15"W 0 o Y Z —F U 29.19' ��W° ~ SOT m �a � 1 z BLOCK 1 W m \W W ry 0 z WE 0 30 ( IN FEET ) SURVEYOR'S CERTIFICATE 1,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify that I conducted this easement survey. BEALL ST. 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 EV9jeem 901 Technology Blvd. oRAwNBY: oS NORTH 7TH AVENUE PRD.IECTNo. s, y� Bozeman MT59718 CHWD BY., JCW LIGHTING IMPROVEMENTS O417.063 sdentWs - _ BOZEMAN MONTANA hone(406)MAIERLE INC. ?lanna s PFar.(406)5871 76' APPR BY. Kph FIGURE NUMBER jln LiuPknw-0o.4V Con r�iany, ! DATE: 08fD2t2015 rw �H aeioaaisonawsa ewc xu,s EXHIBIT A e N:U141710631ACAD1Exhibits\EASEMENTS-H-1-,O 5.chl,B`Plotted by k¢irinjacobsen onJuN92075 , ' - - - i. ,'. 1 1