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: $35.00
Charlotte Mills - Gallatin County, MT MISC
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PUBLIC ACCESS AND UTILITY EASEMENT
Robert G. Essig and Sheryl J. Essig Revocable Living Trust Agreement Dated May 9, 2005,
GRANTOR(S), in consideration of one dollar($ 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 �!
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ATTEST:
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City Clerk --
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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