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HomeMy WebLinkAbout05-13-19 City Commission Packet Materials - C8. Public Street and Utility Easement with the Ruhs for the Ruh Building Project Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Anna Russell, Engineer II Shawn Kohtz, City Engineer SUBJECT: Authorize the City Manager to sign a public street and utility easement with William A. and Karen Ruh for the Ruh Building project located at the northwest corner of 7th Avenue and Durston Road. MEETING DATE: May 13, 2019 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize the City Manager to sign a public street and utility easement with William A. and Karen Ruh for the Ruh Building project located at the northwest corner of 7th Avenue and Durston Road. BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed easement. Engineering staff reviewed the document and found it to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Attachments: Public Street and Utility Easement Report compiled on: 4/30/19 62 Return to: Bozeman City ClerkP.O. Box 1231Bozeman,MT 59771-1231PUBLIC STREET AND UTILITY EASEMENT(Durston Road at N. 7th Avenue)William A. Ruh and Karen Ruh, with a mailmg address of 2415 San Ramon Valley Blvd., Suite4200, San Ramon, CA 94583-5381, GRANTORS, in consideration of $1.00 and other good andvaluable consideration, receipt of which is acknowledged, grants to The City of Bozeman, amunicipal corporation of the State of Montana, with offices at 121 North Rouse Avenue,Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpefaial street and utilityeasement for the use of the public, over, under and across a strip of land situated in the City ofBozeman, Gallatin County, Montana, to be located on ftie following described real property:The south 20.00 feet of Lot 1, Block 1, DURSTON'S SECOND SUBDIVISION [Plat E-33], City ofBozeman, according to the plat thereof, on file and of record in the office ofthe Clerk and Recorder, Gallatin County, Montana, and located in the Southwest Quarterof Section 1, Township 2 South, Range 5 East ofP.M.M., Gallatin County, Montana.The GRANTORS state that they possess the real property described above and that they have alawful right to grant an easement thereon.The GRANTORS further agree that the GRANTEE may peaceably hold and enjoy tfae rights andprivileges herein granted without any interruption by the GRANTORS.The terms, covenants, and provisions of this easement shall extend to and be binding upon theheirs, executors, administrators, personal representatives, successors, and assigns of the partieshereto.DATED this ^i_ Sfy of l-)^ye=-WA\^:it"20 I 6^<.^-^€^-1im A. RuhKaie&Auh63 STATE OF CALIFORNIA )County of Contra Costa)ss.)This instrument was signed or acknowledged before me this _ day of.2018, by William A. Ruh and Karen Ruh.Notary Public for the State of CaliforniaPrinted Name:Residing at:My Commission Expires:ACCEPTED; CITY OF BOZEMANBy: Andrea Surratt, City ManagerATTEST:(SEAL)-" ^^^^^>^^^^><L/By: Robin Crough, City ClerkSTATE OF MONTANA ))ss.County of Gallatin )On thisday of_, 2_, before me, a Notary Public for the Stateof Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, known to me tobe the City Manager and City Clerk, respectively, of the City of Bozeman, and tfae personswhose names are subscribed to the wifliin msb-ument, and acknowledged to me that theyexecuted the same for and on behalf of flie City ofBozeman.IN WTTNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal flie dayand year first above written.(SEAL)Notary Public for the State of MontanaPrinted Name:Residing at:My Commission Expires /_/20_G:\C&H\18\180423\CivU EngineeringVEasements And WaiveB\180423 - PubUc Street Easement.Doc64 WELLSFARGOAll-purpose Acknowledgment California onlyA notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and notthe truthfulness, accuracy, or validity of that document.State of CaliforniaCounty of _OO/^Tq CH^^On 12-12-1 ^ZOlQ before me, L^DO ^-. I^^Dn ^ ^rr^n^ PU^l'tC (here insert name and title of the officer),personally appeared lA^^TftY^ ^. 1(2-0^ O^d ^0^ £^who proved to me on the basis of satisfactory evidence to be theperson(s) whose name(s) is/are subscribed to the within instrumentand acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTi' OF PERJURY under the laws of the State ofCalifornia that the foregoing paragraph is true and correct.WITNESS my handand offitiahseal.,^iii^uiriiimiiiiiiimririh(2-^ YOOK.KWONCOMM. #2215773 gl.^-'&y NOTARY PUBUC-CAUFORNI*CONTRA CX3STA COUNPrMy Cofflmtoton &<*» OS «/2021Notary SealSignaturex^Z^--For Bank Purposes OnlyDescription of Attached DocumentType or Title of Document _P^llC ^HTC&I QV^^rilE^^YWfi^Document DateIZJ^I^-QIBNumber of Pages^Signer(s) Other Than Named Above !P\^>(€6\ SAYT^ f\V\r\ Q^9\V^ CVDSG5350CA(Rev02-05/17)F001-OOODSG5350CA-0165