HomeMy WebLinkAbout17- Public Access and Utility Easement - CJ&J LLC - Tract 12A, Durston Subdivision - N. 7th Ave Lighting Improvements E wturn to:
City of Bozeman
ity Clerk
PO Box 1230
Bozeman, MT 59771-1230
PLATTED
2590903
Page: 1 of 5 08/29/2017 11:54:15 AM Fee. $35.00
Charlotte Mills - Gallatin County, MT MISC
PUBLIC ACCESS AND UTILITY EASEMENT
CJ&J LLC, GRANTOR(S), in consideration of one dollar($ 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: Tract 12A of the Amended Durston Subdivision,Plat D-51-A, Doc. No.
2290858, 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 71" 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.
I/ ,�„�vs�
DATED this day of �. , 201 (, .
GRANTOR(S)
CORPORATION:
(Printed Name and Capacity)
CJ&J LLC..
STATE OF MONTANA )
ss.
County of Gallatin )
On this day of j , 20 J before me, the undersigned, a
Notary Public for the State of /it4a,,kVN,1- ,personally appeared Je
known to me to be the 6ULAA,e,✓ of CJ&J 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) ,
ANTHONY GADOO
:�-' TARS p Notary Public
No _+I� for the state of Montana
�'• SH�A1 *; Residing at,
Bozeman, Montana
My Commission Expires:
January 30,2019
Notary Public for the State of
(Printed Name)
Residing in
My Commis ' n Expires / /20
ACCEPTED:
CITY B ZEMAV
' O ..B���', % City Manager
ATTEST: �r'
City Clerk
a ra v
STATE OF MONTANA )
SS.
County of Gallatin ) C,Ikt�tC -W IQ�11�1
gS
On this day of�z, 20a, before me, a Notary Public for
the State of Montana, personally appe •ed an ROBIN CROUGH, known
to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose
4 names are su scribed 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.
pAswF. 4 BRENDA SWEENEY
(SEAL) ;`'�� ''',.Fy<, Notary Public
pTAR1A'�A'=:for the State of Montana
Residing at:
h .SEAL.2Q,= Bozeman, Montana
Notary Public for the State Montana ,9 � ?,` MY Commission Expires:
December 02,2018
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: a/ v;a /20 f�'
_XHIBITA
A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN,LOCATED ALONG THE EAST LINE OF TRACT 12A OF
THE AMENDED DURSTON SUBDIVISION PLAT D-51-A, DOC. NO.2290858 SITUATED IN THE NE1/4 OF SECTION 12,TOWNSHIP
2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
D URSTON AVE. S87029'46"E OWNER INFORMATION(CURRENT AS OF PRINTED DATE)'
38.97'
CJBJ LLC
WW 4 CANDLELIGHT DR.
BOZEMAN,MT.69718
N2�19'Q4"E Beginning at the intersection of the south Right-of-Way line of
Durston Avenue and the west Right-of-Way line of North 7th
23.Q4' Avenue:thence SO°564VW a distance of 290.09 feet;thence
N88°18'36'W a distance of 8.00 feel;thence NO'56'41'E a
distance of 268.01 feet;thence N89'03'19'W a distance of 31.50
N89003'19"W feet;thence N2°19'04'E a distance of 23.04 feet to the south
S0056'41"W Right-of-Way line of Durston Avenue;thence S87'2946'E a
31.50' 29Q Q9' distance of 38.97 feet to the point of beginning. Said easement
being 3029.52 square feet.
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SURVEYOR'S CERTIFICATE
I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify
that I conducted this easement survey.
1a }FtiV i'F
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N88018'36"W d - �; 4:YY -..
8.00' Jon C.Wilkins PLS,CFedS
The bearings shown hereon are derived from the Montana MT Reg.No.16411LS ��f.�- !-
Coordinate System,Zone 2600,NAD 83(1999) Morrison Materie,Inc,
IMORRISON -
9a1 TeMno)ogy errd DRAWN ev KOJ NORTH 77H AVENUE PROJECT NO
s�� Bozeman MT59718 CHK'D.BY. JCW BOZEMAN LIGHTING IMPROVEMENTS O417003
MAIERLE INC. ajdQ^0 s Phone:(406)587.0721 APPR BY KDJ MONTANA
Fa(406)587-1176 FIGURE NUMBER
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