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HomeMy WebLinkAbout18- Public Access and Utility Easement - R. & S. Essig Revocable Living Trust - North 7th Avenue Lighting Improvements Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 2613862 Page: 1 of 5 05/16/2018 11:57:54 AM Fee: $35.00 Charlotte Mills - Gallatin County, MT MISC 11111111111111 III�1111111111��11 IN 11111111111111111111111111 III 111111111 IN PUBLIC ACCESS AND UTILITY EASEMENT Robert G. Essig and Sheryl J. Essig Revocable Living Trust Agreement Dated May 9, 2005, GRANTOR(S), in consideration of one dollar($ 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 8 feet wide strip of land situated in Gallatin County, Montana,which is located on the following described property: Lot 23 less bargain and sale deed Book 148, Page 133, Tracy's 2nd Addition, Block E, 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 7ch 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. DAT d oA��L_'h / 4 NamerJ. Essig ert G. Essig Na : Sherry J. sig ' Title: ee of the Robert G. d Ti e: Trustee of the R ert G. Essig and Shery Revocable Living Trust Sheryl J. Essig Revocable Living Trust Agreement Dated May 9,2005 Agreement Dated May 9, 2005 ACKNOWLEDGMENT OF GRANTOR(S) STATE OF�) ss) County of Go, ( � ) On this day ofN ,201,before me,the undersigned, a Notary Public in and for the said State,personally appeared the Grantor,Robert G.Essig and Sherry J.Essig, trustees of the Robert G. Essig and Sheryl J. Essig Revocable Living Trust Agreement Dated May 9, 2005,known to me to be the identical individuals who executed the foregoing instrument,who ac- knowledged to me that the individuals executed the same as the free and voluntary act of said Grantor(s),with full authority to do so and with full knowledge of its contents,for the uses and pur- poses therein mentioned. j I� tl IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. BRENDA SWEENEY Notary Public ( 4 TA13h for the State of Montana Residing at: * SEAL Q; Bozeman, Montana 9 P? My Commission Expires: December 02,2018 Notary Public for the State of Montana (Printed Nam Residing in My Commission Expires /20/g ACCEPTED: CITY OF 00Z �! O B p by •• ' ' •2� '�_ Ci anager ATTEST: � Y rIy `�rt-J{ • City Clerk -- 13�e 1883 ? co r10 STATE OF MONTANA ) ) ss. County of Gallatin ) On this kO' day of MfjA A 20j_j� _,before me, a Notary Public for the State of Montana,personally appear d ANDREA SURRATT 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 i IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year first above written. (SEAL) F BRENDA SWEENEY pSW ' " a °��•• $' Notary Public Notary Public for the State of ontana -v'40TAR/.1 :for the State of Montana Residing at: SEAL.-Q; Bozeman, Montana 9 My Commission Expires: (Printed Name) °F„t"O`�' December 02,2018 Residing at Bozeman, Montana My Commission Expires: /a•/ /20 l g EXHIBIT A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE WEST LINE OF LOT 23 LESS BARGAIN AND SALE DEED BK. 148, P. 133, TRACY'S 2ND 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): ROBERT G AND SHERRY J ESSIG RE LVG TR AGR 521 S.5TH AVE. BOZEMAN,MT.59715 AREA=1120.33 SQUARE FEET LAMME ST. S89004'22"E 8.00' W D LEGEND: Z PUBLIC ACCESS AND \W UTILITY EASEMENT Q N1°16'43"E = 140.04' S 1°16'43"W 140.04' z Z o W 0 � oW 1' W N° v) LOT 23 m m T U 7- O z � 0 30 ( IN FEET ) SURVEYOR'S CERTIFICATE N89°04'38"W ALLEY 20' I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify 8.00' that I conducted this easement survey. Jon C.Wilkinson,PLS,CFedS The bearings shown hereon are derived from the Montana MT Reg.No.16411 LS Morrison-Maierle,Inc. Coordinate System,Zone 2500,NAD 83(1999) Li MORRISON Engineers 901TeohnologyBlvd. DRAWN BY: DS NORTH 7TH AVENUE PROJECT NO. S.—y— Bozeman MIT 59718 CWCD_BY: JCW LIGHTING IMPROVEMENTS O417.063 Li—J] MAIERLE INC. S°re°"5`5 BOZEMAN MONTANA Planners Phone:(406)87-11721 APPR.BY: KDJ Fax:(406)687-1176 FIGURE NUMBER A„F—p1r--o11-„,aca piny OPIR CIGIR O MORRISIXlMA£RLE,9:C,2115 DATE: 0 610 2/2 01 5 A EXHIBITA H N:\041710631ACAD\ExhiNslEASEMENTS-H-II-2015.dvg Plotted by kevinjawbsen on J-192015 1