The URL can be used to link to this page

Home My WebLink About16- Public Access and Utility Easement - Yellowstone Country Food and Bev, INC - N. 7th Ave Lighting Improvements Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 2566399 Page: 1 of 5 1211512016 12c43A4 PM Fee. $35.00 Charlotte Mills — Gallatin County, MT MISC 1111111111111111 111111111111111111 IN111111111111111 111111111111111111�11E11111 PLATTED �, PUBLIC ACCESS AND UTILITY EASEMENT Yellowstone Country Food and Bev, 1NC, GRANTOR(S),in consideration of one dollar ($ 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 Mouse 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 i located on the following described property: Tract 1 Durston Subdivision Situated in the i Northeast One-Quarter of Section 12, Township 2 South, Range 5 East,Principal Meridian, Gallatin County, Montana. I 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 2 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, t s. (3) The Grantor and the City of Bozeman acknowledge that any setbacks required along North 7t'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 Z844 day of J , 201_. GRANTORS) CORPORATION: (Printed Name and Capacity) '4 Yellowstone Country Food and Bev, Inc. STATE OF MONTANA ) ss. County of Gallatin ) On this 911 day of APO L , 20 1 L ,before me, the undersigned, a Notary Public for the State of , personally appeared MAL L4ykind Z , known to me to be the l%l M'Ihfi !J&bba rd of Yellowstone County Food and Bev, 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. WENDY A SCHNEIDER p SCNyR ��0 aptAA/q '0�9 NOTARY PUBLIC for the State of Montana (SEAL) SEAL Q Residing at Belgrade,Montana My Commission Expires �rF of Moan August 01,2017 Notary Publ' for the State of (Printed Name) WWI A• Sc We-kd t-— Residing in dGIA(VAE Mr My Commission xpires 0'%_/_A�_A _/20 ACCEPTED: CITY OF BO= Q City Manager ATTEST: •' art( •'y City Clerk rr1V C0 r STATE OF MONTANA ) ) ss. County of Gallatin N ) t� Cs-0R b4Pk'— C' On this 4 IZda of �e«"'`mil , 20 t before me, a Nota Public for y �l the State of Montana, personally appeared CHRIS A. KUKULSKI and ST A^Y'614A,- 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. (SEAL) ylmm�� Notary Public for the State of Montana '',;vc PEARL MicHAr soN Nolary Public NoiAR/44.y• for the stale of Montana t Residing at: Bozeman, Montana (Printed Name) z �r, My Commission Expires: Residing at Bozeman, Montana �oF Nto `' March 10,2020 My Commission Expires: -3/ 1 O /20 20 EXHIBIT A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF TRACT 1, DURSTON SUBDIVISION, SITUATED IN THE NE'I/4 OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. OWNER INFORMATION CURRENT AS OF PRINTED DATE); z YELLOWSTONE COUNTRY FOOD AND BEV INC. O v> P.O.BOX 909 > THREE FORKS,MT.59752 n m z iRPC�T Beginning at the intersection of the south line of Tract 1, o Durston Subdivision and the west Right-of-Way line of North 7th Avenue;thence N88'05'12"W a distance of 2.50 af 0 feet;thence 1\11'04'58"E a distance of 51.95 feet:thence 0 S88 27 25 E N17'06'56"W a distance of 17.61 feet;thence N1'04'58E a o I n distance of 28.72 feet to the south line of Tract 7 Durston 8.00 Subdivision;thence S88'27'25"E a distance of 8.00 feet to the west Right-of-Way line of North 7th Avenue;thence S1'04'58"W a distance of 97.38 feet to the point of N 1004'58"E beginning, Said easement being 447.49 square feet. z 28.72' 0 m LEGEND., > m ® PUBLIC ACCESS AND aj UTILITY EASEMENT O N17°06'S6"W�� S1004'58"W a 17.61' 97,38' W D I Z ! N 1°04'58"E W 51.95, Z , 11 BEALL ST. NssO 051�5o j W 0 30 U) F� ( IN FEET } SURVEYOR'S CERTIFICATE O1,Jon C.Wilkinson,Professional Land Sury do hereby certify that I conducted this easement sury 0111e{��l11/11 r 1tS71 C Jon C.Wilkinson,PLS '•` MT Reg,No.16411 L �� `''r• � r `v�� '`�w Morrison-Maierle,InC. MoRRIS4N Eopnkws 901 Technology Wd DRAWN BY KDJ NORTH 7TH AVENUE PRO.IECTNO Swveyars BozemanMT59718 CHKO Br, ,few LIGHTING IMPROVEMENTS o4=rasa INC. r onsets BOZEMAN MONTANA MAIERLE,1N�+ nnn°s Phone 1408)587-0721 April sr H"a Fox(406)587-1176 DATE 011eSr2016 FIGURE NUMBER At ikl+pfo.s-OwncdCmnpanT AiII 1�EXHIBIT A A COGvnGw:01tb1(aSLIVYA£nIEPIC N 10417%053'ACAMElt.bli1EASEMENTS.Hd1.2015:d,,g Flolle6 Gy kefmd jecabsen on ApI02016 t I.