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HomeMy WebLinkAbout10- North 7th, Latta & Tschache Public Access EasementCity ©l Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771 -1230 0 ,r E a I m N O w.r. 0 04 CO LSI gri /1111 OF 1111=111W cn a�= O. U The GRANTOR(S) agrees: (1) PUBLIC ACCESS EASEMENT Charlotte Rae Latta and Gary M. Tschache, GRANTOR(S), in consideration of one dollar LOO) 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 12 feet wide strip of land situated in Gallatin County, Montana, which is located on the following described property: Lot 1, Lot 2, Lot 3, Lot 4, and Lot 5 of Block 3 of North Seventh Addition to the City of Bozeman along with a portion of the South One -Half of the vacated West Juniper Street, located in the Southeast One Quarter of Section 1, Township 2, Range 5 East, Principal meridian Montana, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit(s) which by this reference are made a part hereof 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 and land appurtenant thereto as the City reasonably deems necessary. 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. 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. DATED this day ofPJ, 20 is L P(o/'GtdU STATE OF MONTANA County of Gallatin C oro On this 9 lay of e x 20/t.) before me the undersigned, a Notary Public for the State of personally appeared ,CJ -low 12, known to me to be the 6 4 r z of sA.: d p raten..4 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 6m.... GRANTOR(S): IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and veprst above written. Notary Public for the State of Ia. Grp, TatAt (Printed Name) Residing in C_v My Commission Expires ACCEPTED: /20 cry omur fission Expires 08/1 0 STATE OF MONTANA )ss. County of Gallatin On this c l day of `5,t0.) 20 (0 before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and STACY ULMEN, 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) Notary'Publie for the State of Montana AMEE KISSEL v I.J 3L 1 T FIT G)f rVI ()N.: 7".aargil cx (Printed Name) Z E 1V1 rvi 0 rs4 TA IN Ca NI V 0 0 !VI To ior& Residing at Bozeman, Montana 7 0 My Commission Expires: /20 NOTARIAL S r A.42-4 .45 EXHIBIT SIDEWALK EASEMENT BEING ON A PORTION OF LOT 1, LOT 2, LOT 3, LOT 4 AND LOT 5 OF BLOCK 3 OF NORTH SEVENTH ADDITION TO THE CITY OF BOZEMAN ALONG WITH A PORTION OF THE SOUTH ONE-HALF OF THE VACATED WEST JUNIPER STREET LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA JUNIPER STREET L T POINT OF BEGINNING qI N3021 '43"W 16.28' N89 3.70' 50' ROW S89°42'00"E 12.00' I 0 0 I d V) A SOUTH CE—HLLF E .toEST JU",] REF RE ",c 7)5 LOT 1 LOT 2 LOT 3 0 0 u c m o cp co I 0 c 0 c.n ..c I LOT 4 r- z 0 LOT 5 0 r174 Pg2527 Eari WEST TAMARACK STREET 32 DADIDDATIrr ORM 022334424, IAT N713 MOND (4031632-0223 FAX (406)133243170 vnmeamderoinwerEworn CM: Engineering Gootechnical Engineering Land Surveying AWED ENC704:7,112 BASIS OF BEARING: RECORD PLAT OF THE NORTH 7th ADDITION TO THE CITY OF BOZEMAN ,10,41.11101. SCALE 1 INCH 60 FEET PROJECT SERVE YDR JA DRAM Y (W0 RE VEWED OT DATE 1O/7/ EC 90 SHEET 2 0F PROJECT Ala D3-015 EASNENT 02.d.g LEGAL DES A Sidewalk [oaeroen|, being on a portion of Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5 of Block 3 of North Seventh Addition to the Uty of Bozornon o{ong with u portion of the South One—Half of the vacated West Juniper Street, located in the Southeast C*e—Ouorter of Section 1, Township 2 South, Range 5 Eoat, Principal Meridian Montono, Gallatin County, Wnntono, and being more portiru|nr|y described as follows: Beginning at o point being the Northwest Corner of said Lot 1; thence South 89°42'OO Eost, o dintonoe of 12 00 feet; thence South 00�8'00 Weot, a distance of 330.00 feet; thence North 89°42 West, c distance of 3.70 feet; thence North 30.21'43 West, a distance of 16.2B feet t hence North OO�O OD Eoat, c distance of 316.0D feet to the point of beginning; Said Easement being 0L08 ocren, along with and subject to any existing easements. 22 toccricirf COW 1.11oNc (405)532.= FAX OM Cts2 Civil Engineering GeotochnIcal Engineering Land Surveying PROJECT SURVEYOR: MP DRAWN sr kONO REVIEWED EVO ORE AYE q/u7/cu X ox2 PROJECT NO 07-01 EASEMENT 02.dwg