HomeMy WebLinkAboutE3 Public Access Easement Springhill Carwash Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dustin Johnson, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Springhill Carwash - additional Public Access Easement
MEETING DATE: 9/1 S/06
BACKGROUND: Attached is a copy (original to Brit F.), of the partially executed easement
for the Public Street and Utility Easement for the above referenced project.
The easement is in addition to an already recorded street casement and
compensates for a realignment of the sidewalk around existing above
ground utilities. Engineering staff has reviewed the easement and found it
to be acceptable.
RECOMMENDATION: Authorize City Manager to sign.
FISCAL EFFECTS: N/A
ALTERNATIVES: None
Respectfully submitted,
t
Dustin Johnson, oject Engineer Chris A. Kukulski, City Manager
Attachments: Easement Document
Report compiled on 9/7/06
PUBLIC ACCESS EASEMENT
Stiff Cheese, LLC, with a mailing address of P.O. Box 4735, Bozeman, MT 59772-4735, the
GRANTOR,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 411 East Main,with a mailing address ofP.O.Box 1230,Bozeman,
Montana 59771-1230, the GRANTEE, a public access easement for a sidewalk for the use of the
public in, through and across a 4.00 foot wide strip of land situated in Gallatin County, Montana,
which is located on the following described property:
Lot 1A1, Block 4, AMENDED PLAT OF LOTS 1A, 2, 3, & 4A OF BLOCK 4 OF WALKER
PROPERTY SUBDIVISION,A PLANNED UNIT DEVELOPMENT,City of Bozeman,according
to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana.;
Said easement is a strip of land 4.00 feet wide over and across said Lot 1A1,and is more particularly
shown on the attached Exhibit A,which by this reference are made a part hereof.
The GRANTOR agrees:
(1) To construct and 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 warrants 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 Ilk' _ day of 41 1 7, 2006.
GRANTOR: Stiff Cheese, LLC
by Oembe �*-
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STATE OF iattzf�A )
A )ss.
County of )
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On this 1 � "day of ,200 O(g before me,the undersigned,a Notary Public for
the State of h �`�e onally appeared 11IJ ' $ lf'r� , known to me to be
Jegpp,/,d of Stiff Cheese, LLC, a M tana limited liability company, and the
li_person whose name is subscribed to the within instrument, and acknowledged to me that he/she
executed the within instrument for and on behalf of said limited liability company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written. puey
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�� STATE �'o
14(VV L �i/►��51 OF -yam
Notary Public for the State of*fmrl Te w sSc�e— TENNESSEE Z
Printed Name: yLy%a i L 11t h hh 1�►��'� NOTARY
PUBLIC
Residing in s
My Commission ex ire G l L, 201 v
My Comm.Exp,5-12-2010
ACCEPTED:
CITY OF BOZEMAN
by its City Manager
ATTEST:
Clerk of the City Commission
STATE OF MONTA.NA )
) ss.
County of Gallatin )
On this day of , 2006,before me, a Notary Public for the State of
Montana.,personally appeared CHRIS A.KUKULSKI and ,known to me
to be the City Manager and Clerk of City Commission 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 setmyhand and affixed my Notarial Seal on the day and
year first above written.
Notary Public for the State of Montana
Printed Narne:
Residing at Bozeman,Montana
My Commission Expires:
G:\c&h\04\04724\Pubhe Access Easement for Sidewalk.wpd
EXHIBIT A
PUBLIC SIDEWALK EASEMENT ON LOT 1 A 1, BLOCK 4,
AME, DED PL. T V-- 164-B, WALKE PROPERTY
SUBl VISION, f�LANNED UNIT DE ELOPMENT
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(28.90)
\\� \ L O T 1 A
n 00 . AMENDED PLAT J--164 B (29 .
�O 7733 \Q x
Z S66
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TELEPHO E
BOXES RELOCATED SIDEWA K
G pHON� oo cp. \
U/ (29.85
UD POWER x
N BOX
¢ (I, POINT BE�INNING��J�
� � O
a Bale In Feet o
0 0 10 �\
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N 3 3 MOST SOUTHERLY
Scale' v Meters LOT 1Al, BLOCK 4
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o Engineering and Surveying Inc.
1091 Stoneridge Drive•Bozeman,MT 59718
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Phone 1406)587-1115•Fax[408)587.9788
� www.chengine@I'e.Com•info0chengineer5.com Sheet > of > #04.724.4
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