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HomeMy WebLinkAbout10- Latta and Tschache Public Access EasementCity of E:)zeman - City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 2369885 Page I of 6 09/13/2010 12 36 56 PM Fee $42 00 Charlotte Mills - Gallatin County. MT Misc 1111111111111111111 11IF11 11111111111111111111111111111111111111111111111111111 q -- A! PUBLIC ACCESS EASEMENT Charlotte Rae Latta and Gary M. Tschache, GRANTOR(S), in consideration of one dollar ($ 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 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 Ci 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, allatin Coup G Montana. The easement is more particularly described on the attached Exhibit(s) 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 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 th 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 1 44A day of , 20 �C) GRANTOR(S): G 4 STATE OF MONTANA ) ss. County of Gallatin On this day of 4" I , 20 1 Q, before me the undersigned, a Notary Public for the State of Montana, personally appeared, , known to me to be the of 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 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above vvritten. Hoyem rw � Y Not;-ry Publ EA pA 9 A Ftate of Montana AI Residing at' M SF B Mo ntana A - ' SS onEXPIMS: OF r19,2012 Notary Public for the fate of Montana (Printed Name Residing in My Commission Expires S. -c -- jLL — /20 ( ACCEPTED: 0 -!F BO AT T' Ci 8 W 3 U0 CITY OFBOZE- N, b City Manager STATE OF MONTANA ) ) Ss. County of Gallatin On this Ci' day of 20 , 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 Sea] on the day and year first above written. (SEAL) 1 1 , , /I Notar Public for the State of Montana J- Yj L 'A (Printed Name) Residing at Bozeman, Montana My Commission Expires: —/—/20 N1 1 0 0'j "F-F KISSF FAV "k.3 1_1 I ' r" FA AIL NJ EXHIBIT SIDEWALK EASEMENT BEING ON A PORTION OF LOT 1, LOT 2, LOT 3, LOT + 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, GALL ATIN COUNTY, MONTANA 589'42'00"E JUNIPER STREET 12.00' I POINT OF BEGINNING I- Fm174 Pg2527 ESUT WEST TAMARACK STREET SC C',E--4 CF Z EC , 7TFT — — — — — — — — — — - BASIS OF BEARING: LOT I 0 z 50' ROW LG N30*21'43"W 16-28' Loj 5 X989 ®42'00 "W 3.70' I- Fm174 Pg2527 ESUT WEST TAMARACK STREET SC C',E--4 CF EC , 7TFT — — — — — — — — — — - BASIS OF BEARING: LOT I RECORD PLAT OF THE NORTH, 7tr, ADDITION To THE C17Y OF BOZEMAN o CD � 6 n LOT 2 LOT 3 0 O co o CD 00 "o Z 0 10 < LOT 4 P LOT 5 z 0 30 ED I I h I- Fm174 Pg2527 ESUT WEST TAMARACK STREET LEGAL DESCRIPTION: A 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 oiong with a portion of the South One—Hc of the vccated West juniper Street, located in the Southeast One—Quarter of Section 1, Township 2 South, Range 5 East, Principci Vericlion Montana, Gallatin County, Montana, and being more particu[GrVy described as follows: Beginning at a point being the Northwest Corner of said Lot 1; thence South 8 9 "42'0 East, c distance of 12.00 feet; thence South 00*18'00" West, a distance of 330.00 feet; thence North 89'42'00" West, a distance of 3.70 feet; thence North 30'21'43" West, a distance of 16.28 feet„ thence North 00'18'00" East, c distance of 316.00 feet to the point of beginning; Said Easement being 0,09 acres, along with and subject to any existing easements. z �� UR"Y' ' CMIEwin-ring 2 DOZOWAK MT Wit DRAWN By KW© oiF I PHOW- RM) SMIMM Geot9chnJ=t&v10-d"9 = FAXJ4MNM L-d S—yfng cry rEVEWED Ry 'rp FRO'Ecr N. 03-016 1 2S SL IATI 10/11/01 EASEKNT 02 4. 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