HomeMy WebLinkAbout17- Public Access and Utility Easement - PDI Investments LLC - Tract 10 and 11, Durston Subdivision - N. 7th Ave Lighting Improvements neturn to:
City of Bozeman
City Clerk
po Box 1230
Bozeman, MT 59771-1230
PLATTED
2590902
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PUBLIC ACCESS AND UTILITY EASEMENT
PDI Investments LLC., 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: The South 60 feet Tract 11 and the North 140 feet of Tract 10
Durston Subdivision, Doc. 2457676, 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
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.
(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 71h 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 f, 2017
GRANTOR(S)
CORPORATION:
X �I
(Printed Name and Capacity)
PDI Investments LLC..
STATE OF MONTANA )
ss.
County of Gallatin )
On this Zs°� day of r, I , 201--r , before me, the undersigned, a
Notary Public for the State of Wl0.4bgwj , personally appeared F-,44 per( ,
known to me to be the �yt.SddCw� • of PDI Investments 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.
(SEAL) �>BONY Gq ANTHONY GADDO
p
: Notary Public
e.Nolnr�r,�<:o;for the state of Montana
Residing at:
�, . �•=Q, Bozeman, Montana
My Commission Expires:
M January 30,2019
otary Public for e State
(Printed Name)
Residing in
My Commiss' n Expires / /20
ACCEPTED:
CITYPff B ZEMA
` O�• ° ° ° .�' City Manager(fZt�
ATTEST: �- •�
.� ° '` �t
r�
U
City C erk
STATE OF MONTANA )
SS.
County of Gallatin ) L�1U�C s N
On this a gday of , 20 Sefore me, a Notary Public for
the State of Montana,personally appea ed C and ROBIN CROUGH,
^ known to me to be the pity Manager and City Clerk for the City of Bozeman and the persons
CS *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.
E BRENDA SWEENEY
(SEAL) Notary Public
�<=for the State of Montana
Residing at:
!S=��NSL 0k- �- eozoman, Montana
Notary Public for the State of ntana My Commission Expires:
� December 02,2018
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: -/20
EXHIBIT
A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF THE
SOUTH 60 FEET TRACT 11 AND THE NORTH 140 FEET OF TRACT 10, DURSTON SUBDIVISION, DOC. 2457676.1
SITUATED IN THE NE1l4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN
COUNTY, MONTANA.
OWNER INFORMATION(CURRENT AS OF PRINTED DATE)
PDI INVESTMENTS LLC
431 N 7TH AVE.
BOZEMAN,MT.59715
Commencing from the intersection of the south line of
- the North 140 feet of Tract 10 Durston Subdivision and
the West Right-of-Way line of North 7th Avenue;thence
NO°54'24"E along said West Right-of-Way a distance of
112.36 feet to the point of beginning;thence
N89°05'36"W a distance of 5.00 feet;thence NO°54'24"E
SO01 A 60, a distance of 5.00 feet;thence S89°OS'36"E a distance of
JV0'c1 5.00 feet to the West Right-of-Way line of North 7th
Avenue;thence SO'54'24"W a distance of 5.00 feet to the
point of beginning. Said easement being 25.00 square
feet.
LEGEND:
PUBLICACCESSAND
UTILITY EASEMENT
S89005'36"E
5.00'
S0°54'24"W
Z N0054'24"E 5.00'
co 5.00'
oCO
P.O.B.
It
r-
Z N89005'36"W W
6 5.00'
0
z
W
NoRTN 1Aq Ao N cy
IRAC� N = 0 30
z z ( IN FEET )
W SURVEYOR'S CERTIFICATE
u) I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify
Zthat I conducted this easement
I Jon lkinson,PLS,CIF
MT Reg.No.16411LSThe
Coordinate System,arings hereon are derived from Zone2500 NAD 83(199g)a Montana Morrison-Maierle,Inc.
Coo
MORRISON
Lj Engu,rers 901 TechnologyBNd DRAWN BY DS NORTH 7TH AVENUE PROJECT No
sunvyo, Bozeman MT59710 cHK'D BY JCNJ LIGHTING IMPROVEMENTS w17o63
�_] MAIERLE,INC. 8"o-, 1 BOZEMAN MONTANA
Plannors Phone(406 587-0721 APPR BY KOJ
Fax(406)587-1176 FIGURE NUMBER
An Hmp1,j--0—,dC—p;my. DATE 081110016
ro,� EXHIBITA A
N1041T0631ACAD1Exh!t,t$1EASEMENTSH-162015Avg Plo@edbykemndjambsenon AuVIS12016 L-i