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HomeMy WebLinkAbout17- Public Access and Utility Easement - Human Resource Development Council (HRDC) - North 7th Avenue Streetscape Improvements Return to: City of Bozeman City Clerk PO Box 1230 PLATTED Bozeman, MT 59771.1230 2600490 Page: 1 of 5 12/06/2017 02:22:32 PM Fee $35.00 1111111111111111111111111111111111 IN 111111111111111111111111,I, M I SC PUBLIC ACCESS AND UTILITY EASEMENT HUMAN RES DEV COUNCIL OF DIST IX INC., GRANTOR(S), in consideration of one dollar ($ 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: Lot 1 of Block 1, of the rearrangement of a portion of Border Tract 13, Plat G-45; 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 7t1i 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 _. GRANTOR(S) CORPORATIO Ro le�+ (Printed Name and Capa ity) HUMAN RES DEV COUNCIL OF DIST IX INC. STATE OF MONTANA ) ss. County of Gallatin ) On this,�Z�day of , 201,before me, the undersigned, a Notary Public for the State of . ,personally appeared known to me to be the )'j �p of HUMAN RES DEV COUNCIL OF DIST IX INC.,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. KATHLEEN M PIATZ Notary Public i�•'�oTARIq(;a=for the State of Montana (SEAL I*: —'— _ Residing at: ,5:.SEAL.2Q; Bozeman, Montana '-9 Q My Commission Expires: OF M September 02,2019 Nota Public for the State of MT (Printed Name)-. Residing in—T72J Al t,� My Commission Expires �/20_ ACCEPTED: CITY OF 130 ZEMAN �BO , by CIO. • . .2.�i '. A•sCmg•City Man er ATTEST: y�'�;• {• ,� City Clerk C,; ��t•,,1883 .,•��- ,. I;h CO �10°�' STATE OF MONTANA ) ) ss. as County of Gallatin ) c' On this day of'L" ,201-7 lbefore me, a Notary Public for the State of ontana,personally appeared and ROBIN CROUGH,known to me to be the Akift 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) =- ,v�pg�j;F 3RENDA SWEENEY '�,�• '' Fy'- Notary Public mQ NOTnajq�°�=for the State of Montana _ Residing at: Notary Public for the Stat f Montana ..SEAL.- Bozeman, Montana My Commission Expires: OF December 02,2018 (Printed Name) Residing at Bozeman, Montana My Commission Expires: ANoBITA A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE WEST LINE OF LOT 1 BLOCK 1, OF THE REARRANGEMENT OF A PORTION OF BORDER TRACT 13, PLAT G-45; 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): HUMAN RES DEV COUNCIL OF DIST IX INC. 32 S.TRACY AVE. BOZEMAN,MT.59715 Beginning at a point being the intersection of the North Right-of-Way line of Beall Street and the East Right-of-Way line of North 7th Avenue;thence 6 N1'07'42"E along said East Right-of-Way a distance OOCK2 of 100.00 feet;thence 588°20'09"E a distance of 15.00 feet;thence S1°07'42"W a distance of 35,00 feet;thence N88°52'18"W a distance S88 20 09 E of 7.00 feet;thence S1°07'42"W a distance of 64.93 feet W �� to the North Right-of-Way line of Beall Street;thence 15.00' N88°20'09"W a distance of 8.00 feet to the point of z beginning. Said easement being 1045.13 square feet. / I LEGEND: S 1 007'42"W zO c� PUBLIC ACCESS AND = 35.00' w U- UTILITY EASEMENT w to z Z p- F- Q� X °h- l1J J W -t1 ¢a0coa W N88°52'18"W a°cK1 W a00 C0) 7.00' �— S1 007'42"W rill 64.93' 0 Z � N 1°07'42"E 100.00, 0 30 N88°20'09"W 8.00' ( IN FEET ) SURVEYOR'S CERTIFICATE I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify that I conducted this easement su \ BEALL ST. `��o��;I.;,y�'- JON C. WILKINSON No, 164411 LS ; Jon C.W' nson,PLS,CFed , •• /C�NSfG�'Q MT Reg.No.16411LS /, �0 ' • • • ' 5�N��� Coordinate System,The bearings nZone 2500,NAD 83(1999)hereon are derived from th a Montana Morrison-Maierle,Inc. /'�/7j7�'�1LtILNN�` �� NORTH 7TH AVENUE 315 N.251h Sueet,Suite 102 DRAWN BY: KOJ PROJECT NO. ■■ Morrison ® Billings,MT 59101 DSGN.BY. KDJ STREETSCAPE IMPROVEMENTS O417.063 Ma i e r l e 406.656.6000 APPR.BY: JCWMEN BOZEMAN MT ® wvnv.m-m.nel DATE:03/15/'17 FIGURE NUMBER engineers.surveyors•planners.scientists corrH;carcporwisoMwa[Jue,r:c sov EXHIBIT A A N:\041AOB3WCAD\ErhibtlslEASEMENTS.H-II-2015 dng Plotted by kovin d,jacobsen on May1212017 1�