HomeMy WebLinkAbout10- Tschache Trust Public Access EasementC-ty of Bozeman - City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
Jo Anne L. Cape and Grace E. France, Co-Personal
Representatives of the Estate of Elizabeth A. Tschache the Trustee
of the Junior W. Tschache Trust, Dated September 23, 1989,
GRANTORS), , 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 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
I
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 7t' 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 agree that the GRANTEE may peaceably
hold and enjoy the rights and privileges herein granted without any
interruption by the GRANTOR(S). The terms, covenants and
provisions of this Easement shall extend to and be binding upon the
heirs, executors, administrators, personal representatives,
Jo Anne L. Cape, Co- Personai
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 day of February, 2010, before me a Notary Public
for the State Y f
—'— 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.
have hereunto set my hand and affixed my
written.
GW1-�-
Notary of the S ate of Nevada
Printed Name Lalkir) C<>tx ,I
Residing at s!( \).\1
My Commission expires: QELDA��, 20A_L
Gr�qe E. France, Co-Personal
Rej�rfesentative 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 0" day of Fex]D— -may, 2010, before me a Notary Public
for the State of Montana personally appeared Grace E. France 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 a
Co-Personal Representative of the Estate of Elizabeth A. Tschache
the Trustee of the Junior W. Tschache Trust, Dated September 23,
1.989 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.
S
N otary the
State of Montana
Printed Name
(Se4j
Residing at
— My Commission
&Kpires: 20
S
ACCEPTED:
City of Bozem"
By
City Manager
ATTEST iV
C1
Qua 8 JP q
STATE OF MONTANA
County of Gallatin A k,
On this q& day of lebr 2010, before me, a Notary Public
for the State of Montana, personally appeared Chris 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.
'A' J I Ii
'N
6 a the State of Montana
Printed Name
(Seal) Or Residing at
My Commission expires: 20_
AI MFEE Kl
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M
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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
I
5
S89'4.2'00 "E� 7rr ��
JUNIPER STREET
12.00'
SOJ_ H O —HG, F OF
" 7��4
POINT OF
TE E WEST _jl"IiPEF. STFEE T
_/
�Fu�r�A'' '_E 'va 9u5
BEGINNING
['
BASIS O F BEARING:
LOT I
RECORD PLAT OF THE
T
NORTH 7th ADDITION TO
THE CITY OF BOZEMAN
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LOT 2 m
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LOT 3 o Q
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cn LOT 4
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N30'21'43
LOT S
16,28'
o 30 EO spa
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SCALE, I.. NCH = BC FEET
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Fm174 Pg2527 ESMT
N89'42'00 "W
9
LET
3.70' WEST TAMARACK STREET
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Land Surveying
REVIEWED DY'. MP
PF4SC7 N5. 99 -916
y
1 25
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DATE. 10107/C9
EASEMENT 08.d.
A Sidewalk Eomernont, being on o porti�on of Lot 1, Lot 2, Lot J. Lot
4 ond Lot 5 of Block 3 of North Seventh Addition to the City of
Bozeman along with o portion of the South One—Half of the vacated
West Juniper St'oat, |ocnted in the Southeast One—Quarter of
Section 1 Township 2 South, Runge 5 Eoot, Principal Meridian
Montnno, GoUotin County. Montana, and being rnnrc particularly
descrJ)ed as follows:
Beginning ot
o point being the
Northwest
Corner of said Lot l;
thence South
89'42
East, o
diatonce
of
12.00 feet;
thence South
00*18'03
Wmst, o
distance
of
330,00 feet;
thence North
89'42`00"
Weat, o
distance
of
3.70 feet;
thence North
30`21'43
Weat, o
distance
of
18.28 feet:
thence North
00"18'00"
East, n
distance
of
316.00 fact to the point
of beginning;
Said Easement being OOB acres, along with and aub`ct to any
existing easements.
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