HomeMy WebLinkAbout15- 5 West LLC Public Access Easement City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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2534418
Page: i 11 5 12131/2015 1(3:16:?6 RM Fee: $35.00
Charlotte Mills - Gallatin County, M7 M15C
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PUBLIC ACCESS EASEMENT
5 WEST LLC,GRANTOR(S), in consideration of one dollar($ 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 the following described property:
"Lot 1 A of the Amended Plat of Lots 1-8, Block A,Tracy's Second Addition to Bozeman,
Subdivision Plat No. "
The easement is more particularly described on the attached Exhibits A and B which by
this reference are made a part hereof.
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The GRANTOR(S)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 1
repair work. II
(2) To allow the City to make any and all inspections of the sidewalk and land appurtenant
thereto as the City reasonably deems necessary.
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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 f� day of Al yu3l 201 Y
GRANTOR:
STATE OF MONTANA
ss.
County of Gallatin )
On this ,. day of . h/ 1<5t ,20 �' ,before me the undersigned, a Notary
Public for the State of Montana, p sonally appeared, ;,-)op- , known to me to
be the ! of � y.i s* L-1', and the person
whose narne is subscribed to the within instrument and acknowledged to me that he executed the
within instrument for and on behalf of F> West i
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
l tary Pu c for the State of Montana p�N JENNY ANN BENNETT
r ;r,€€� �..• y ,• Notary Public
r _CU:apTnnlq��a=for the State of Montana
e �f C' i ,x,t,I ; .*; -- ;*_ Residing at:
(Printed ame g ,r ,�,-SEAL.-.x Belgrade, Montana i
Residing in ':9 �?.' My commission Expires:
My Commission pries- / _/2Q
"�•,,,,,,,�, April 07,2017
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ACCEPTED:
CIT-OF B
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byr : ::
•`�F O City Manager
4 4 $ N
ATTEST: " ° -
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City Clem 4 �• �•:�1'� ^a
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1IN CO �'
STATE OF MONTANA )
) ss.
County of Gallatin * )
On this 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 Cleric 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.
SE "icfor
HEATHER SIENVENUE
Notary Public
otary Publ the State of Montana = :`c�OY^R''+< m'for the State of Montana
*. SAIa :*; Residing at:
:cry. Elozeman, Montana
=.,9 •....fie?;;
My
,�orT,,to�,. Commission Expires:
(Printed Name) << January 26,2018
Residing at Bozeman,Montana
My Commission Expires:—/ /20
SIDEWALK EASEMENT
EXHIBIT A
PROPERTY DESCRIPTION
A SIDEWALK EASEMENT,THE EASTERLY LINE OF WHICH IS COINCIDENT WITH `I'I-IE
WESTERLY RIGI Yr-OF-WAY LINE OF TRACY AVE AS SHOWN ON AMENDED PI A7r OF LO`I'S
1 -8,BLOCK A,`I'RACY'S SECOND ADDITION TO BOZE MAN,RECORDED AND ON FILE IN
THE OFFICE OF THE CLERK AND RECORDER, CALLA FIN COUNTY,MONTANA;AND
BEING A PORTION OF LOT IA OF SAID AMENDED PI.A I',LOCATED IN THE NWI/11 OF
SECTION 7,TOWNSHIP 2 SOU`rH,RANGE 6 EAST,P.M.,Al.,CI`1'Y OF BOZE MAN,COUNTY OF
GALLATIN,STATE OF MONTANA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTE,RLY RIGHT-ORVVAY OF TRACY AVENUE AND
THE SOUTHERLY RIGHT-OF-WAY OF AN ALLEY,SAID POINT ALSO BEING THE
NORTHEAST CORNER OF SAID LOT 1A;THENCE S0°075TE,ALONG SAID WESTERLY
RIGHT-OF-WAY, 140.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT IA AND THE
NORTHERLY RIGHT-OF-WAY OF AVIENDENHALL STREET;THE,INCE S89°50'27'W,ALONG
SAID N011THERLY RIGHT-OF-WAY,5.53 FEET;THENCE N0r07'52"mT,2.40 FEET;THENCE
N89°50'27"E,2.53 FEET;THENCE NO°0752`W, 137.60 FEET TO THE SOUTHERLY
RIGHT-OF-WAY OF AN ALLEY;THENCE N89°50'27"E,ALONG SAID SOUTHERLY
RIGHT-OF-WAY,3.00 FEET TO THE POINT OF BEGINNING OF THIS EASEMENT;
CONTAINING 426 SQUARE FE�T,OR 0.010 ACRES,MORE OR LESS.
XI IIBIT
Drawn By QQK A
Checked By GSa GRANTOR: 5 WEST LLC REF SHEET#
Date _ 8/6115 a
CTA MNDNHALL CNS LIVINGSTON,MT SHEET#
(406)222-0104 GRANTEE: CITY OF BOZEMAN
Cad File; MNNSSV10 Fox(406)222-1007
SIDEWALK EASEMENT
EXHIBIT B
ALLEY N89°50'27"E 3.00'
-�-�POINT OF BEGINNING
I
111-77--711111
0.31'
GRAPHIC SCALE
I�2' 20 0 10 20 40
I
I ( IN FEET )
I 1 inch — 20 ft.
5 WEST BUILDING I BASIS OF BEARINGS IS AMENDED PLAT
TO BE CONSTRUCTED I OF LOTS 1 -8, BLOCK A, TRACY'S
SECOND ADDITION TO BOZEMAN
LANDSCAPE
PLANTER
BOX(TYP.)
N0007'52"W 137.60' I
�rSO007'52"E 140.00'
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ti 3
fit'°
v � GIB N' � I
N910 I N
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N0007'52"W 2.40' —� 0.78-'
MENDENHALL ST N89050'27"E 2.53'
S89 50 27 W 5.53
Drawn By CDK EXHIBIT
B
Checked B GSB �
y GRANTOR: 5 WEST LLC REF SHEET#
Date 8/5/15
CTA# MNDNHALL CNS LIVINGSTON,MT rP—E7
(406)222-0104 GRANTEE: CITY OF BOZEMAN
Cad File: MNNSSV10 Fax(406)222-1007
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