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Home My WebLink About18- Public Access and Utility Easement - National Retail Properties LP - North 7th Avenue Lighting Improvements etuirn to, City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 2636039 Page: 1 of 5 01l15/2019 12:33:28 PM Fee: $35.00 Eric Semerad - Gallatin County, MT MISC IIli IN PUBLIC ACCESS AND UTILITY EASEMENT National Retail Properties LP, GRANTOR(S), in consideration of one dollar($ 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: The North 45 feet of Tract 9 and the South 30 feet of Tract 10 of Durston Subdivision as described in Document No. 2378141 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 7"' 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 claiming by, through or under GRANTOR. 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. The GRANTEE agrees: (1) To maintain the decorative street luminaries and maintain the power service to operate the luminaries. (2) To maintain all boulevard trees. (3) To exercise its rights hereunder in a manner as to not unreasonably interfere with the business operations being conducted on GRANTOR'S land. Once work commences in the Easement Area, GRANTEE shall diligently and continuously pursue to completion any installation, maintenance and/or repair of the facilities for which it is responsible. (4) To repair any damage to the property of GRANTOR or GRANTOR'S tenants caused by the exercise of its rights under the agreement. DATED this 1 H i4" day of 20_)&_. NATIONAL RETAIL PROPERTIES, L P , a Delaware Limited Partnership By: NNN GP Corp., a Delaware corporation as its general partner By: Name: Paul E.Bayer Title: Executive Vice President ACKNOWLEDGMENT OF GRANTOR(S) STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this��day of 1�11Y�IYl��r , Paul E.Bayer Executive Vice President 2018 by , as of NNN GP Corp., a f Delaware corporation, as general partner of National Retail Properties, L P , a Delaware limited partnership, on behalf of the partnership. He is Personally known to me. �N III Printed Name: hette Cor dera Commission#: My commission expires: .;Aze ,, IVETTE CORDERO `•: k; Commission#FF 205051 a Expires April 3,2019 y Q 80nded Tiw Troy Fan Ins!::-. ACCEPTED: CITY OF BOZEMAN > by PVAI-P S uy6p:i1- O� B 0 Z�,' City Manager ATTEST: •' _'• City Clerk _ - STATE OF MONTANA ) ) ss. County of Gallatin ) }�.,� BS On this�!day of\ ►� ,200 before me, a Notary Public for the State of Montana,personally appeared ANDREA SURRATT and ROBIN CROUCH,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 _tea Notary Public mQ O-fARIAt':.�=for the State of Montana Residing at: Notary Public for the State of tana sa;.SEAL r Bozeman, Montana My commiselon Expires: December 02,2022 (Printe me) Residing at B eman,Montana My Commission ires: / /20 h i EXHIBIT A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF THE NORTH 45 FEET OF TRACT 9 AND THE SOUTH 30 FEET OF TRACT 10 OF DURSTON SUBDIVISION,AS DESCRIBED IN DOCUMENT NO.2378141, PLAT D-51;'SITUATED IN THE NE114 OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN,GALLATIN COUNTY, MONTANA_ OWNER INFORMATION(CURRENT AS OF PRINTED DATE): NATIONAL RETAIL PROPERTIES LP 450 S ORANGE AVE STE 900 ORLANDO,FL,32801-3339 AREA=600.18 SQUARE FEET S88010'35"E 8.00''' LEGEND: 30 F�E�pF PUBLIC ACCESS AND SOUCT 10 Q1 UTILITY EASEMENT DOC 23�g1 S0057'02"W Z —z O 75.02' o> W ao.t (DJ o:a V) z N0057'02"E W of 75.02' NOR�SRp`CT 9 N88010'35"W 8.00' > 0 30 ( IN FEET SURVEYOR'S CERTIFICATE I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify 0 that I conducted this easement survey lr`„y))i III 111/�yt� EX��et�o 66p DOG.1t2 ON rA��'�� J0�1 C. -a: ILKINS0iN I _ 16411LS Jon C.Wil son,PLS.CFed�i The bearings Jon No.16411 LS i /•• CAN Coordinate System,nZone 2500, NAD 83(1 ggg)hereon are derived from a Montana Morrison-Maierle,Inc. �� L00 - MORRISON a °""� 901TechnoloyyBMd. DRAWN BY: OS NORTH 7TH AVENUE PROJECT No. ' So-- Bo —hIT5B718 CHK'D Br JCWf LIGHTING IMPROVEMENTS 0417.063 1�(f 7� 7-� s�;en„�1.t BOZEMAN MONTANR 1 AI H RT H ' pfzonzf$ Phone:(406)587-0721 APPR.BY:KDJ A. -- LJSJ INC11 Y F.:(406)587-1176 FIGURE NUMBER A.linp:}.r On�ncJ Cump:,nv DATE: 06i022075 CGPr RGM O4tliRIStt1XhEFtE V.C.�015 EXHI BIT A N:Wd1PA83V1CAD1EuhiUlslEASEMENTS-P,412015.dvig Plotted by kevni—bsen on Ju W2015 A