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HomeMy WebLinkAbout18- Public Access Easement - 7&G Enterprises, LLC -North 7th and Griffin Drive, Gordon Mandeville State School Section Subdivision, Tract 14 Return after recording to: Return to: City of Bozeman City Clerk PLATTED PO Box 1230 Bozeman, MT 59771-1230 2628761 Page: 1 of 4 10/11/2018 02:48:22 PM Fee: $28.00 Charlotte Mills - Gallatin County, MT MISC 11111111111111111 IIII IIIIIII I11111 IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII PUBLIC ACCESS EASEMENT 7&G Enterprises, LLC, GRANTOR, in consideration of one dollar ($ 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 easement for a sidewalk for the use of the public in, through and across a seventeen (17) foot wide strip of land situated in Gallatin County, Montana, which is located on the following described property: Tract 14 of the Gordon Mandeville State School Section Subdivision to the City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Plat Reference: E-38) The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. The GRANTOR agrees: (1) To construct and 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 and land appurtenant thereto as the City reasonably deems necessary. The GRANTOR warrants 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 GRANTOR. 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�.��0 GRANTOR: 7&G Enterprises, LLC: by Cougar Properties, LLC, Member By: ///0 Michael McKenna, Member STATE OF MONTANA ) ss. County of Gallatin ) On this /ll7 day of��j� '`ri���' ,20[Zbefore me the undersigned, a Notary Public for the State of Montana,personally appeared,Michael McKenna,known to me to be the Member of Cougar Properties,LLC,member of 7&G Enterprises,LLC, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of 7&G Enterprises,LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. 1 SEAL Notary Public for the State of Montana REBECCA H PAPE (Printed Name) bel��c c""PgAF Notary Public for the state of Montana Residing in 'k Notarial r• Residing at Boon Expires MT My Commission Expires / / i3 /20 P My Commission Expires uF M0 November 13,2019 GRANTOR: 7&G Enterprises, LLC: By: J Niles Hushka, Member STATE OF MONTANA ) ss. County of Gallatin ) On this 1!?�h day of 5e p-krwb�-r ,20A,before me the undersigned, a Notary Public for the State of Montana,personally appeared,Niles Hushka,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he is a Member of 7&G Enterprises, LLC and executed the within instrument for and on behalf of 7&G Enterprises,LLC. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. JANAE HEAP tary Public for the tate of Montana Notary Public —�(Printed Name)� Ae (�},,`�P.•'•'•qA'; NOTARigi. :for the State of Montana Residing in jSMe.Wn4� Residing n M Commission Expires SEAL.=Q;� Bozeman, Montana YUjd.L1.4-- Z• ao 20 '-? oFocC.Q My Commission Expires: June 07,2019 ACCEPTED: CI Y IF B Z N O • b 4� J City Manab ATTEST: ^�• j,i •,� Ci erk - "✓ t STATE OF MONTANA ) ) ss. County of Gallatin ) On this _day of L�.kr,,, - ,20LT before me Notary Public for the State of Montana,personally appeared BFN TTc T"ten ^" 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year first above written. (SEAL) BRENDA SWEENEY Notary Public mQ'NOTAR/,q for the State of Montana * Residing at: SEAL. e,; Bozeman, Montana Notary Public for the State o ontana "y My commission Expires: 37 � ov ', /„I1tIPi1N1 December 02,2018 (Printed Name) Residing at Bozeman, Montana My Commission Expires: /.A/ s2 /20 d F EXHIBIT A PUBLIC ACCESS EASEMENT DESCRIPTION LAND OWNER; 7&G ENTERPRISES, LLC A strip of land 17 feet in width for a public access easement over, across and through the property situated in Tract 14 of the Gordon Mandeville State School Section Subdivision, located in Section 36, Township 1 South, Range 5 East, P.M. Montana, Gallatin County, said easement being more particularly described as follows: Said easement being the west seventeen (17) feet of said Tract 14. The easement contains 5200 square feet (0.12 acres) more or less and is subject to all existing easements and documents of record. TRACT 15A TRACT 28 IFOUND 518" MINOR SUBDIVISION GORDON MANDEVILLE REBAR W/2"A.C. NO. 49 STATE SCHOOL (0.6FT WEST SECTION SUBDIVISION OF CORNER) N 89a48'08"W 276.54' FOUND 518" REBAR W/1.5"A.C. Existing 30' Sewer Pipeline Easement --� and Agreement 17'Wide Public I Doc. No. 133143 I--- Access Easement I Bk. 85 Pg. 3994 Created This Survey LU >- I Q Q o I I m X o I o TRACT 27 o C0 I TRACT 14 co GORDON MANDEVILLE Z W STATE SCHOOL �-= N I GORDON MANDEVILLE N SECTION SUBDIVISION C9 i STATE SCHOOL SECTION SUBDIVISION � N O I O M z CD I U) vj I I I I I S 89a38'52"W 276.55' W. GRIFFIN DRIVE 60'RIGHT-OF-WAY OWNERSHIP DESCRIPTION: Tract 14, Gordon Mandeville State School Section Subdivision N S. 36 TWP. 1 S R. 5E COUNTY: GALLATIN STATE: MONTANA TYPE: IT WIDE PUBLIC ACCESS EASEMENT TOTAL L.F: n/a± TOTAL AREA: ±5200 sq. ft. ±0.12 AC 30 0 30 60 LEGEND SCALE FEET 0• FOUND CORNER AS NOTED Note: OO CALCULATED CORNER All distances are ground, international feet A.C. ALUMINUM CAP All bearings are Geodetic North �� Y.P.C. YELLOW PLASTIC CAP Basis of bearings = Geodetic North based on J GPS Observation Drawn By Surveyed By Approved By Project No. Date B. Lightner I J. Stefonik M. Ries 1 16617101 04 03 2018 Apr 03.2018— 12:56pm—P:\Private\MY\City\Bozeman\16617101 N.7th—Griffin Commercial\Survey\Ea5ement3\16617101—EASE.dwg ©KLJ 2018