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HomeMy WebLinkAbout15- AMERCO Real Estate Company Public Access and Utility Easement ity'of Bozeman-City Clerk ®. Box 1230 )zeman, MT 59771-1230 PLATTED 2507157 Page: 1 of 5 ©3/27/2015 04:09:56 PM Fee: $35.00 Charlotte Mills — Gallatin County, MT MISC PUBLIC ACCESS AND UTILITY EASEMENT AMERCO Real Estate Company, GRANTOR(S), in consideration of one dollar($ 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 and utility easement for sidewalk and utility improvements for the use of the public in, through and across a piece of land as shown on the attached Exhibit A, situated in Gallatin County, Montana, which is located on the following described property: Lots 1-6 and the South 35 feet of Lot 7 of Block 2 of Durston's Second Subdivision, 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 A 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, utility infrastructure 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 7th 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. re DATED this day ot�1(9�, 2015. NTO ERCO Real F tate Company by (,�_rjoS I I President STATE OF ARIZONA ) ss. County of Maricopa ) On this '�Q day of yTQ nu o_r , 2015,before me the undersigned, a Notary Public for the State of Arizona,personally appeared C(--i oS y(2 Coin r ,known to me to be the person whose name is subscribed to the within instrument, and acknowledge two Q,U me that he executed the same. Avco R cul IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public State f Arizona (CEAL) Maricopa County Misty Dorman My Commission Expires 0 612 312 0 1b Notary D�c�for the State of Arizona M► (Printe amKicen,'X, M'S borrnan Residing in My Commission Expires (o / 2?S_/20 I,S ACCEPTED: _ I s .0 ,- CI y- F BO N p f '41 City Manager Ctcllu ' ``�• STATE OF MONTANA ) ) ss. County of Gallatin ) On this F% day of ` ' ,� '�d �.� , 2015,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? ,rt n ,� HEATHER BfENVENUc " . EP BIFN` �. . F; Notary Public ` Notary Public for the State of Montana R,q< -for the state of Mor,tanr.i z: — "' Residing at: , .SEAL:ze Bozeman, Montana 9 (Printed Name) ��pr�P'� My Commission Expires: i January 26,2018 Residing at ,Montana My Commission Expires:_/ /20 EXHIBIT A A PUBLIC ACCESS AND LIGHTING EASEMENT TO THE CITY OF BOZEMAN,LOCATED ALONG THE EAST LINE OF LOTS 1-6 AND THE SOUTH 35 FEET OF LOT 7,BLOCK2,DURSTON'S SECOND SUBDIASION,PLATE-33,SITUATED IN T HE SE114 OF SECTION 1,TOWNSHIP 2 SOUTH, RANGE 5 EAST,PRINCIPAL MERIDIAN, GALLATIN COUNTY,MONTANA, AS DESCRIBED HEREW1711-IIN, I OWNER INFORMATION(CURRENT AS OF PRINTED DATE}: S88'4548"E AMERCO REAL ESTATE COMPANY L01 8.00' P.O.BOX29046 r O N1' 4'03' E S1-1403'W PHOENIX,A7_85038-9046' 92.12' 90.54` Q Beginning at a point being the Southeast comer of said Lot 1; ® CTr of BOZEMAN PEDESTRMAN SIDENIJX thence N88`43'37 W a distance of 8,00; thence N1'14 03'E a c N m EASMENT Doc.2402052 distance of 272.18 feet; thence N43'45'12W a distance of Y LL 6 o p a- Vol N88'46'04'W 5.00 feet; thence N1'14'03"E a distance of 98_74 feet;thence n a N46'14'51"E 5.00, N46'14751"E a distance of 5.00 feet; thence N1'14'03'E a m 5.00' distance of 9212feet to the North_line of the South 35 feet of 0 crrc H0 Lot 7;thence S88'4548"E a distance of 8.00 feet thence Fm774 Pg2518-.2= _( S1'14'03'Wa distance of 90.54 feet; thence N88"46'04'Wa 10l 5 S1'14'03"W distance of 5.00; thence S1'14'03'W a distance of W.10 feet Nl*14'03"E 97.10' thence S88"46'04"E a distance of,5.00; thence S1'14'03'W a 98.74' distance of 28248 feet to the point of beginning. Said easement being 3637.48 square feet. 1.0T 5 S8W46'04'E 5.0T 1.01 4 LEGEND: N43"4612"W PUBLICACCESSAND 5.00' ® LIGHTING EASEMENT ClTYAF BOZEMAN PEDE57RIAH SIDE D �' EXISTING EASEMENT SIDWALK EASMENT Doe.2402057 , Z Z O . ` . / W y o X-0T 3 m z Y N1'14'03"E S1'14'03"W Wo 272.18'� 282.48' i _(0 CL ! m z ra 0 60 1-0 ( 114 FEET ) 1 I _ SURVEYOR'S CERTIFICATE U+) 1,Jon C..Wilkinson,Professional Lao qffi lifJfloj�reby certify that I conducted this easement k O N T AN lz I o JnC. Point of ± . WL kSG� ' Beginning � N0 'l I LS Jon C.Wilkinson,P S,CFed %L L 8.00' N$8'43'3T'W Morrison Maierte,Inc. /!lL1, ����,ti��� I ' NORTH 7TH AVENUE L . PR°JEcrt°' got T.rhmI.WBAd ORAMBy O SON st—y- So nMT597;8 CHWO BY:MW UGHTWG IMPROVEMENTS 0417-OW MAIERy��{T�{�111---111 INC. P,-,— Pnon.:(4oS7ee7ant APMBY:jc,,,r SOZEMAN MONTANA LE,IN Planners F-:(4M 537--1175 DATF OB212014 FIGURENUMB:R 't"Fpr°ym°'°° C.-P..y EXHIBITA A aarwartewoawsae+wea,e.wa mu Y50a77mCi'uCAIIsFxhl6iLalc�JPilBrr A-2014UHAULL0T5;7dwg-Plotled by Eoan squires on AugM92oi4 03/17/2015 15:50 6022775824 AMERCO REAL ESTATE B PAGE 01/01 AMERCO IW.4.L ESTATE COMPANY March 5,2015 I,Misty Farrow,do give you, Stacy U1men,permission.to write in"President"in my Notary Block on the Public Access and. Utility Easement document. Kind Regards, Amhuj Misty Farrow 2727 N.Central Ave.•Suite 500,Flumnic,A%Z.85004-1 120+(602)263-6555+FAX(642)277-$gZ4