HomeMy WebLinkAbout17- Public Access and Utility Easement - Sapphire Night Sky, LLC - North 7th Avenue Lighting Improvements Return W
City of Bozeman
Clerk
-.0 Box 1230
ozeman, MT 59771-1230
PLATTED
2600489
Page: 1 of 5 12/06/2017 02:22:32 PM Fee. $35.00
Charlotte Mills - Gallatin County, MT MISC
IIIIII IN 111111111111111111111111111 III 11111111111111111111111
PUBLIC ACCESS AND UTILITY EASEMENT
Sapphire Night Sky LLC., GRANTOR(S), in consideration of one dollar($ 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: A parcel of land described as Parcel II and IV of Quit Claim
Deed Doc. #2572894, Durston Subdivision, 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.
(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 71b 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 , 20 VI
GRANTOR(S)
CORPORATION:
(Printed Name and Capacity)
Sapphire Night Sky LLC..
STATE OF I 4*T+A )
ss.
County of min• )
n�1
On this 2�7 day of S'�/fJ , 20 /7 ,before me, the undersigned, a
Notary Public for the State ofi1UU�G/ ,personally appeared
known to me to be the MCMbe of Sapphire Night Sky 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.
AL/
... SEP 2 2 �017 #Pages 5
(SEAL) NOTARY Notary Name: Judy Alices Third Circuit
* PUBLIC
No. 10-389 = Doc. Description PlObG '0aiz'o l
ail �fiCJ
SEP 2 2 2017
Notary blic for the State of o1 r, Notary Si pa re Date
Judy Alicees
Y AL I ''
(Printed Name �Na "��I�(�a I
��O.......
Residing in r�����i � NOTARY
My Commission Expires tt / t`A /20 0D =* PUBLIC
No. 10-389
OF HP�P\`,:
ACCEPTED:
C Y OF BOZEMAN
by I,-)- ILf l
$QZ� City Man ger
ATTEST: O .• ' ' " •• 1Ll'-
City Clerk '.�,� :;
?'tN C0 ,t
STATE OF MONTANA ) R
) ss.
County of Gallatin )
On this q41- day of ,20-L2,before me, a Notary Public for
the State of Montana,personally appeared 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.
I�
• II
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day
and year first above written.
(SEAL)
,�oA SwF BRE ND �S WEENEY
NotamQ' Public
x%oTnRiq� <'for the State of Montana
Notary Public for the State o ontana *: -- *= Residing at:
SEAL. , Bozeman, Montana
;�` My Commission Expires:
December 02,2018
(Printed Name)
Residing at Bozeman,Montana
My Commission Expires: II 120_LL
Sec rity Title C any 406.522.5500
www.sectitle.com
a� ales�rl (or i ncor),^Pc�.
6 hou (ct kx_) pc_�1 Pons 0
Lo. n Band oar ," r rl
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The Leader in Title Insurance and Escrow Services
P.O.Box 6550,Bozeman,MT 59771-6550 Fax:406-522-5501
EXHIBIT
A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF THE PARCEL OF
LAND DESCRIBED AS PARCEL II AND IV OF QUIT CLAIM DEED DOG.#2572894, DURSTON SUBDIVISION SITUATED IN THE NE1/4
OF SECTION 12, TOWNSHIP 2 SOUTH,RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
S88"10'35"E I
8,00' OWNER INFORMATION(CURRENT AS OF PRINTED DATE):
SAPPHIRE NIGHT SKY LLC
76-6296 LEONE ST.
KAILUA KONA,HI 96740
g Beginning at the intersection of the West Right-of-Way line of
JFk r S0058'09"W North 7th Avenue and the North line of the South 125 feet of Tract
p PC25�28g4 217 $9' number 9 of Durston Subdivision,also known as the Northeast
DOG. corner of the land described as Parcel II of Quit Claim Deed
Doc.#2572894;thence 50.58'09"W along the West Right-of-Way
of North 7th Avenue a distance of 217.89 feet;thence
N89.01'51"W a distance of 8.00 feet;thence NO`58'09"E a distance
of 218.01 feet;thence S88.10'35"E a distance of 8.00 feet to the
point of beginning. Said easement being 1743.59 square feet.
LEGEND:
W ® PUBLIC ACCESS AND
N0058'09"E UTILITY EASEMENT
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DOC Z5128
# 8.00' SURVEYOR'S CERTIFICATE
1,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify
that I conducted this easem 1NWi"'8-N;rA` "//
V
9-a: WILKINSON
=7D•` 16411LS •��z
VILLARD ST. .• =
Jon C.Wilkirig-on,PLS,C The bearings shown hereon are derived from the Montana MT Reg.No.16411Ls 'i� ON' • N9ti�SJQ��
Coordinate System,Zone 2500,NAD 83(1999) Morrison-Maierle,Inc,
MORRISON5-90— 901 Technalo9y Blvd. DRAWN BY:KDJ NORTH 7TH AVENUE PROJECTNO.
s,,, -4 Bozaman MT59718 CHK'D BY:JCW LIGHTING IMPROVEMENTS 0417.063
J�L MAIERLE,INC. sGentisfs BOZEMAN MONTANA
P/annors Phox:406)6 8 7 710 721 APPR.BY:KOJ
Fax:(406)587-1178
An Fn,pfoy--Qm dCompeny DATE:092017 FIGURE NUMBER
CgPMlfHf O�fauu50.4a(.t4RlE.WC.511 EXHIBITA A
-I—Ni TM%ACAD1ExhibaSTASEMENTS-H-IIQ015.dwg Plotted by kovfn d.Jacobsen on Septt 32 A 017