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HomeMy WebLinkAbout16- Public Access and Utility Easement - Restaurant Properties Management, LLC - N. 7th Ave Lighting Improvements ► : °eman f i t PLATTED i ox 1 0 S zemar►, MT '59771-1230 Return to: 2566398 Page: 1 of 4 12/15l2016 12:43:44 PM Fee $28.00 City of B kzeman nty, MT MI SC Clerk PO Box 1230 Bozeman, MT 59771-1230 PUBLIC ACCESS AND UTILITY EASEMENT Management, LL RANT R 'n consideration Restaurant PropertiesC, G O (S), u d 1 ahon of one dollar ($ 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 and the North 10 Feet of Lot 2, Block 9, less Bargain and Sale Deed BK. 149, P.256, and the South 15 Feet of Lot 2, Lot 3,and Lot 4 and the North 2 Feet of Lot 5, Block 9, less Bargain and Sale Deed Book 149, P. 258, of the Sl2ringbrook 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 apart hereof. The GRANTOR(S)agrees: (1) To maintain the sidewalk at -their own lexpense in accordance with relevant City Ordinances, including,�but novlini ited to; snow rernovfil 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 finrther 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 OC7' day of MA�6k , 201(e GRA TOR(S) CO' OR ION: (Printed Name a d apaci y) Restaurant Properties gement, LLC STATE OF MONTANA ) ) ss. County of Gallatin ) On this99A, day of wkQ� , 20& before me,the undersigned, a Notary Public for the State of M O&4A*JA , personally appeared i known to me to be the nc;nsr Y►�ea�I��P_ of Restaurant Properties Management, LLC, 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. " "'' WILDA E SMITH ..E S�j�� Notary Public :'AoIlAWq, :for the State of Montana (SEAL) _*; -- *= Residing at: .m.,.SF;A41.�r Belgrade, Montana My commission Expires: ' I$,,oil�`' February08,2019 Notary Public for the State of mpolgpvt ` OV IAA t (Printed Nam ) Residing in / My Commission xpires /20� ACCEPTED: AV • by F+; •�" t •`�' City Manager ATTES City Clerk. tL�• . 10 PIN Co STATE OF MONTANA ) ss. County of Gallatin ) 02N C.61kbR(fir On this 12 day of �tc�w.loer ,20 K0, before me, a Notary Public or the State of Montana, personally appeared CHRIS A. KUKULSKI and , 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) laici� PEARL MICHALSON Notary Public for the State of Montana Q?` Ass'-_ Notary Public �Q��1 ���� _o�'•NOT�i��a� for the State of Montana _,• Residing at: SEAI- e Bozeman, Montana (Printed Name) %?�oF•�oNt��• My Commission Expires: Residing at Bozeman, Montana March 10,2020 My Commission Expires: 3 / la /20 TO