HomeMy WebLinkAbout17- Public Access and Utility Easement - Reed Living Trust and Shirley K. Brown-Weinstein Revocable Trust - N. 7th Ave Lighting Improvements I
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Charlotte Mills - Gallatin County. MT
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PUBLIC ACCESS AND UTILITY EASEMENT
Reed Living Trust (50% interest) and Shirley K. Brown-Weinstein Revocable Trust (50%
interest , GRANTOR(S), in consideration of one dollar ($ 1.00) and for other and valuable i
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 =
utilityimprovements for the use of the public, which is located on the following described ;.
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property: Lots 20,22 and 26 less bargain and sale deed Book 148,Page 293, Tracy's 3rd
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Addition,Block E, Situated 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
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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.
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(2) To allow the City to make any and all inspections of the sidewalk, utility infrastructure
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and land appurtenant thereto as the City reasonably deems necessary.
(3) The Grantor and the City of Bozeman acknowledge that any setbacks required along
1�'North 7Avenue will be measured from the actual property line and not from the edge of a
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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.
GRANTOR(S):
By: Myrna Reed
Its: Trustee of the Reed Living Trust
STATE OF
) ss.
County of
On this Nr1` -day of 20 v1 ,, before me the undersigned, a
Notary Public for the State of A-r personally appeared Myrna Reed, trustee of the
Reed Living Trust, known to me to be the person whose name is subscribed to the within
instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written. -
(SEAL)
Tammy Imperis
Notary Public-Arizona
Notary Public r the State of 4-,c',--c,,-yk Yavapai County
My commission Explres
April 27,2019
(Printed Name)
Residing in A-,-\
My Commission Expires LA /20 ic�
GRANTOR(S):
Tom., (Z to i� 'j
By: Shirle K. Brown-Weinstein
Its: Trustee of the Shirley K. Brown-Weinstein
Revocable Trust
STATE OF
) ss.
County of nv a P6 )
On this ,,%" day of 20 11 , before me the undersigned, a
Notary Public for the State of A,, L,�,�a , personally appeared Shirley K. Brown-Weinstein,
the trustee of the Shirley K. Brown-Weinstein Revocable Trust, known to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
Tammy Imperia
Notary Public f the State of A c ,-�,„ Notary Public-Arizona
Yavapai County
My Commission Expires
April 27,2019
(Printed Name)
Residing in N i c,,
My Commission Expires y / )-1 /20 �c,
ACCEPTED:
O>Z>E,, , b IT= �
`4 �, ■ ■e —�
• ��� •;Q�, Y City Manager
ATTEST: ' •.
Cit y lerk •
* .off .
STATE OF MONTANA )
) Ss.
County of Gallatin )
On this \2 day of 20� before me, a Notary Public for
the State of Montana,personally appeared CHRIS A. KUKULSKI and ROBIN CROUGH,
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)
�— PEARL MICHALSON
��IGrq Nolary Public
Notary Public for the State of Montana for the State of Montana
Inrtrq�';G' Rcsiding at:
?e a rl_ #`A i CV�e—tw-, Gozernan'- Montana
..
til:A1 :.:Q
`��' Pam, MyCommissio2 fires
(Printed Name) y�' �fi,: March�0020
Residing at Bozeman,Montana
My Commission Expires: 3/ (o /20 TO
EXHIBIT A
A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE WEST LINE OF LOT 20,
22 AND 26, LESS BARGAIN AND SALE DEED BK. 148, P.293, TRACY'S 3RD ADDITION, BLOCK E; 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):
B EALL ST. REED LIVING TRUST(50%INTEREST)and
SHIRLEY K.BROWN-WEINSTEIN REVOCABLE TRUST
(50%INTEREST)
12 PERKINS DRIVE
PRESCOTT,AZ.86301-8458
Commencing from the intersection of the North
Right-of-Way line of Lamme St.and the East Right-of-Way
VOS 26 line of North 7th Avenue;thence Nl•00'16"E along said
East Right-of-Way a distance of 41.91 feet to the point of
beginning;thence continuing Nl•00'16"E a distance of
S.00 feet;thence S88.59'44"E a distance of 5.00 feet;
thence Sl•00'16"W a distance of 5.00 feet;thence
W N88.59'44"W a distance of 5.00 feet to the point of
Z) beginning. Said easement being 25,00 square feet.
WCOS 22 LEGEND:
® PUBLIC ACCESS AND
UTILITY EASEMENT
2 O
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z S88°59'44"E
5.00'
N1°00'16"E S1°00'16"W ° so
5.00' 5.00'
( IN FEET )
P.O.B. W SURVEYOR'S CERTIFICATE
_ N88°59'44"W
O5 001 I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify
_ that I conducted this easement survV\\tyt;Etlitfl!r.
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`I C. . e`-
��.l; 14
LAMME ST. luv.j i ! 113 :�_
Jon C.Wilkinson,PLS.C tJz CThe ••tit J�=
Coordinate System hereon are derived from a Montana Morrison Maierle,1IncS
Coord i shownarings Zone 2500,NAD li3(199g)
JMORRISON Enp.+een 90'Tachnology6"d DRAWN BY. K0J NORTH7THAVENUE PROJECT No
sunoyws B.—n 61T 69718 CHK'D BY: JCL'! LIGHTING IMPROVEMENTS 0417063
--� sconr'.re BOZEMAN MONTANA
JAI' MAIERLE)INC. s—l'1' Phone 06)58B7-0721 APPR KDJ
Fax(I06)587•t t70 FIGURE NUMBER
An 70n"nJ DATE- 05/17/2016
C0-:R'.v.oF0.arySGRugEMF..� .-,�, EXHIBIT A A
N 10N7,083WCAD1Exh-bAsIEASE7dENTS-H-II.2015.dny Plotted by Jon c.w7klnson on Jun°012018