HomeMy WebLinkAbout10- Estate of Tschache Public Access EasementI PLATTkU NQ-�
2►69886
09113/2010 12 36:56 PM Fee $63 00
PAU Inty, MT misc
14111111 Illlil III 4111 �IIIII I11lll IIII I�11 VIII lllll11II1I1 Ill VIII IIIII 1ul 11111111
PUBLIC ACCESS EASEMENT
Charlotte Rae Latta, GM M. Tschache, and Jo Anne. L. Ca and Grace E. France, Co-
Personal Re resentative of the Estate of Eliszabeth A. Tschache the Trustee of the Junior W.
Tschache Trust, Dated September 23. 1999, GRANTOR(S), in consideration of one dollar ($
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 casement for a
sidewalk for the use of the public in, through a strip of land situated in Gallatin County,
Montana, which is located on the following described property: A portion of Lot 4 of Block 3 of
North Seventh Addition to the Cily of Bozeman, located in the Southeast One-Quarter of Section
1, Township .2 South, Range 5 East, Principal Meridian Montana, Gallatin CoLm Mon
Also included is a portion of Lot 5 of Block 3 of North Seventh Addition to the City of
Bozeman located in the Southeast One-Quarter of Section 1, Township_ 2 South, 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.
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
Nvork.
(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' 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(S) 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.
JUL-0R-2010 06:29 From:BW GRANTREE INN 406 587 9437 To:303 779 616:3
DATED this . .. . .... . 4 �day of .20
� o f. "�
.STATF, 0
and year first above written,
(SEAL)
GRANTOR(S)
Charlotte Rae Latta
P.5/16
Gary M. ;fschache
STATE OF MONTANA
) ss.
County of Gallatin
On this � day of Ol'i'xi-0 , 20 , before me the undersigned, a Notary
Public for the State of Montaffi, personally appeared, 7 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 written.
"a
Notary Public for the State of Montana
Sam liner
� P&lc for the State of Montana
(Printed Name) Residing at Bozeman Montana
Residing in My Gommiss Ex 1 , ,-s January 15,2012
My Commission Expires /20
X
-To Anne L. ape, Co-Person/'l
Representative of the Estate of
Elizabeth A. Tschache, the Trustee
of the Junior W. Tschache Trust
Dated September 23, 1989
STATE OF NEVADA
):ss
County of Clark
On this 7 �A
- day of uLq 201 0, before me, a Notary Public for the
State of Nevada, personally appeared Jo Anne L. Cape, known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as Co-Personal Representative of the Estate of Elizabeth A. Tschache, the Trustee of
the Junior W. Tschache Trust, Dated September 23, 1989 and acknowledged to me that she
subscribed her name to the within instrument in that capacity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this day first
above written.
L
% OF
(Printed Name)
Residing at
My Commission Expires Af c7 I_L? /20_/L
1 N
R
A
Gr e E. France, 6-Personal
T resentative of the Estate of
Elizabeth A. Tschache, the Trustee
of the Junior W. Tschache Trust
Dated September 23, 1989
STATE OF MONTANA
) ss.
County of Gallatin
On this --7—A day of 2010 before me the undersigned, a Notary
Public for the State of Montana, personally appeared Grace E. France known to me to be (or
proved to me on the basis of satisfactory evidence) the person whose name is subscribed to the
within instrument as a Co-Personal Representative of the Estate of Elizabeth A. Tschache, the
Trustee of the Junior W. Tschache Trust, Dated September 23, 1989, and acknowledged to me
that she subscribed her name to the within instrument in that capacity.
IN WITNESS WHEREOF, I have hereunto set my band and affixed my Notarial Seal the
day and year first above written.
-Oo
Notary Public for thVState of Montana
(Printed Name)
%,/. &7 C Residing at
My Commission Expires 120_1L
ACCEPTED:
ATTE,ST -'F B 0
0
4t
STATE OF i�O 'ANA
)ss.
County of 'Gallatin
CITY OF BOZEMAN
By
City Manager
On this a (P day of — JZL (, i , 20 (0 , before me, a Notary Public for
the State of Montana, personally appeafed 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.
Notar Public for the State of Montana
(Seal)
NOTARIAL
SEAL
(Printed Name)
Residing at
My Commission Expires: 120
AINIE KISSEL
r
tvl< Ax AN
rv-tv
LEGAL DBESCRIPTION L ASEMF!NT W:
A Sidewalk Easement, being on a portion of Lot 4 of Block 3 of North
Seventh Addition to the City of Bozeman, located in the Southeast
One—Quarter of Section 1, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana, and being more particularly
described as follows:
Beginning at
a point bearing
South 89'42'00" East a distance of
12.00
feet from the Northwest Corner of said Lot 4 said point being on
the east
line of the proposed
Sidewalk
Easement;
Easement, a distance of 25.00 feet
thence South
89*42'00" East
along the north line of said Lot 4,
c distance
of 7.00 feet;
south line of said Lot 5, and the North Right—of—Way
of West Tamarack
Street;
thence South
00'18'00" West,
a distance of 20.00 feet;
distance of 1100 feet to the point of beginning;
thence North
89'42'00" West,
a distance of 7.00 feet to a point
on the
east line of the proposed Sidewalk
Easement,
thence North
00*18'00" East
along the east line of the proposed
Sidewalk
Easement, a
distance of 20.00 feet to the point of beginning
Said Easement being 0.003 acres, along with and subject to any existing
easements.
LEI GAL DESCRIPTION EASEM ENT "B":
A Sidewalk Easement, being on a portion of Lot 5 of Block 3 of North
Seventh Addition to the City of Bozeman, located in the Southeast
One—Quarter of Section 1, Township 2 South, Range 5 East, Principal
Meridion Montana, Gallatin County, Montana, and being more perficularly
described as follows:
Beginning at a point bearing South 89*42'00" East
a distance of 3.70 feet
from the Southwest Corner of Lot 5, also being a
point on the North
Right—of—Way of West Tamarack Street said point
being on the east line
of the proposed Sidewalk Easement;
thence North 00'18'00" East along the east line of proposed Sidewalk
Easement, a distance of 25.00 feet
thence South 89'42'00" East, a distance of 1300
feet;
thence South 00*18'00" West, a distance of 25.00
feet to a point an the
south line of said Lot 5, and the North Right—of—Way
of West Tamarack
Street;
thence North 89'42'00" West along the south line
of said Lot 5, a
distance of 1100 feet to the point of beginning;
Said Easement being 0.007 acres, along with and subject to any existing
easements.
M
EXHIBIT
SIDEWALK EASEMENT
BEING ON A PORTION OF LOT 4 AND LOT 5 OF BLOCK 3 OF
NOWrH SEVENTH ADDITION TO THE CITY OF BOZEMAN,
LOCATED IN THE .90 UrHEAUST ONE -QUARTER OF SEC'T'ION
TOWNSMP 2 SOUTH, RANGE 5 EAST, PlUNCIPAL MERIDJAN MONTANA,
GALlXrIN CO UNTY, MONTANA
— JUNIPER STREET
� 5
L o q &
5D'
ROW
0
z
S' �TH Od,E—HALF OF
I VA UAL ED ViEST J.jNIPLP V Tf; EET
DRDI',ANCE Nc 9"t
— — — — — — — — — — —
L07 I BASIS OF BEARING
RECORD PLAT OF THE
NORTH 7th ADDITION TO
THE CITY OF BOZEMAN
12' WIDE
POINT OF
PROPOSED
SIDEWALK
F
LOT 2
EASEMENT
BEGINNWG
SASENtRT 02A,Og
U
0
r
LOT 3
7100' 0
i
M
.cl
LOT 4
D
z
N89*4200"W
1
25.00'—\ 1 3, o C)
S89'42'00"E
3.70'
6
PO OF
BEGINNING
EASEMENT "B"
LOT 5
/i loo N89'42'00"W
F'rr " 74 Pg2527
(R—O—VV EXHIBIT #4)
WEST TAMARACK STREET
lam
'57l
r=wv I I
wro" L
pww4'oQsm4w Gooftchr.
Law &"4"
wwrrpadaii
m
Picuzu wm'x ; np
POINT OF
ORAWN BY.- Xwo
2 (w2
ASVETED BY- X?
BEGINNWG
SASENtRT 02A,Og
EASEMENT "A"
I
S89'42'00 "E
12.00'
as
b
0
c�
W 0
b
- 0
Da
o[jo
N
7,00
D
P
DO
U
0
r
LOT 3
7100' 0
i
M
.cl
LOT 4
D
z
N89*4200"W
1
25.00'—\ 1 3, o C)
S89'42'00"E
3.70'
6
PO OF
BEGINNING
EASEMENT "B"
LOT 5
/i loo N89'42'00"W
F'rr " 74 Pg2527
(R—O—VV EXHIBIT #4)
WEST TAMARACK STREET
lam
'57l
r=wv I I
wro" L
pww4'oQsm4w Gooftchr.
Law &"4"
wwrrpadaii
m
Picuzu wm'x ; np
ORAWN BY.- Xwo
2 (w2
ASVETED BY- X?
PROXCI No, W-cis
SASENtRT 02A,Og
S89'42'0D"E