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HomeMy WebLinkAbout16- Public Access and Utility Easement - S. McIntosh - N. 7th Ave Lighting Improvements R tuin to; City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 PL.ATTE[) � 2566397 Page: i of 5 12/1512016 12:43:44 PM Fee: $35.00 Charlotte Mills - Gallatin County, MT M1SC IIIIIII Illlll 111 l I Illll IIIIII III 111 IIIII I I I Il I III III illll1I IIIIIIIIII IN PUBLIC ACCESS AND UTILITY EASEMENT Stuart McIntosh, GRANTOR(S),in consideration of one dollar($ 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: Lots 7 and 8 of Block 2 of 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. 1 (2) To allow the City to make any and all inspections of the sidewalk, utility infrastructure N 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`h 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 th day of -be c1I0 . Gam-NTOR(S):��,/� STATE OF MONTANA ) SS. County of in i I� ) On thiP-t�) day of Ot�-Cbe Lk-a 12,,t4 , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared 2119-+ O''1111�2�1 , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. i� I i I' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. o�'�uE o MICHELLE MALONE Hof ARM' NOTARY PUBLIC for the (SEAL) SEAL State of Montana Residing*I Havre,Montano 'rFor My Conn a®ion Expires May 25,206 LU ,(�� N Q-- otary Public for the State of Montana mCh1It ��>l (Printed Name) Residing in My Commission Expires / �/20-L'L ACCEPTED: CITY F B ZE ��•' t+ ,�'w City Manager ATTEST:k.► 41 City Clerk. 7�1. STATE OF MONTANA ) ) ss. County of Gallatin ) IRag►N On this 0 Z day of jDQe-Cm bcr , 20�,before me, a Notary Public for 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) Notary Public for the State of Montana ;uc1.1,�••: PEARL MICHALSON Notary Public 4;N for tic State of Montana (Printed Name) Residing at: •S 1'%��•• Gozeman, Montana Residing at Bozeman, Montana y ......���. r Mop`.,. My Commission Expires: My Commission Expires:: /�/20 March 10,2020 EXHIBIT A A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE WEST LINE OF LOTS 7 AND 8, BLOCK 2, 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): STUART MCINTOSH 1516 W.BABCOCK ST,STE 1 BOZEMAN,MT.59715 AREA=800.0 SQUARE FEET W D z S88°50'16"E W\ 8.00, / LEGEND: ® PUBLIC ACCESS AND UTILITY EASEMENT Z LOB S W S0°54'40"W C/ 100.00' z 0 H= N k U O ° W z ��o_ w 2 F- N0054'40"E `o'�' 0 30 100.00, ( IN FEET ) N88050'1 T'W 8.00' SURVEYOR'S CERTIFICATE I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify that I conducted this easement survey. SHORT ST. Jon C.Wilkinson,PLS,CFedS MT Reg.No. 16411LS The bearings shown hereon are derived from the Montana Morrison-Maierle,Inc. Coordinate System,Zone 2500, NAD 83(1999) .;`. �JiORRIAIoI\ E"9tr1eB� 001Techno logy Bill, DRAWN BY. CS NORTH 7TH AVENUE PROJECT NO. jell sy�� Boze an MTswte CHICO.BY: Jcw LIGHTING IMPROVEMENTS 0117.063 MAIERLE Inc, screnrsrs BOZEMAN MONTANA Planners Phone: 6)587-11721 APPR,BY: Kp-1 FIGURE NUMBER Fax:(406)587-1170 DATE: 06/02/2015 s v,»pl s�-o,vnedc npany EXHIBIT A coWwu3t 9MORRISONi/PIERLE,IaC.,7015 N:50 41 7 10 6 3%CADTA!bAslEASEMENTS-H-II-2015.da0 Polled by kohn jacobsen on JunW2015