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HomeMy WebLinkAbout15- DMC Properties Public Access and Utility Easement Giy of'Bozeman-City Clerk P.O. Box 1.230 Bozeman, NIT 59771-1230 PL� +Ci 1T TL I 3 F 2534414 Page; 1 0€ 5 12/3112015 1U:1536 AM Fee: $35.00 Charlotte Mllls - Gallatin County, MT M€SC If I(Iff Iillll if1 lift fllfllf Ifflll Iff I lif 1lifll II!!!Illlf IIIIIII111 IIIII f NN if fl lffl PUBLIC ACCESS AND UTILITY EASEMENT i DMC Properties, LLC, GRANTOR(S), in consideration of one dollar ($ 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 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 7 8 and 9 of Block 2 of Durston's Second Subdivision Located in the Southeast One-Quarter of Section 1 Township 2 South Range S 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 i s Ordinances, including, but not limited to, snow removal and all major and minor repair work. E (2) To allow the City to make any and all inspections of the sidewalk, utility infrastructure l and land appurtenant thereto as the City reasonably deems necessary. a 1 h 1 A it (3) The Grantor and the City of Bozeman acknowledge that any setbacks required along North 71h 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. DATED this 41 day of.�,20 . GRANTOR(S) COU RATION: (Printed Name and Capacity) DMC Properties,LLC. j STATE OF MONTANA ) ss. County of Gallatin ) f l� On this day of ,20J, before me, the undersigned, a 1 Notary Public for the State of ,personally appeared rim Lft- -; , known to me to be the Val g of DMC Properties,LLC,the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. i f =1 IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) u! —^� STACY MARIE ULMEN r� "R k, NOTARY PUBLIC for the .OS AMR 1q<i2 State of Montana OA dQV a SEAL Residing at Manhattan,Montana Co r 13,2p16 s mba N ary bli for the State ofar ~'' {Printed Name 6hW',qqT Residing in My Commission Expires / /20 ACCEPTED: bi r a, City Manager i .t � ♦�,_ oo �0 i STATE OF MONTANA ) ) ss. County of Gallatin ) � On this day of ! ; i ` ,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 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. i I �I j IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal on the day and year first above written. (SEAL) AJ isEn. 21 Nota 'Public for the,- fate ofNf6ntana .. .. HEXrHEFj SIENVENUE Notary PUblic for the State of M011tar" Residing at: z- i3ozernan,Montana (Printed Name) S 1") Commission expires: I Residing at Bozeman,Montana OF.- January 26,2018 My Commission Expires:—/—/20 i EXHIBIT A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF THE NORTH 40 FEET OF LOT 7, LOT 8&9, BLOCK 2, DURSTON'S SECOND SUBDIVISION, PLAT E-33,SITUATED IN THE SE114 OF SECTION 1,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL.MERIDIAN, GALLATIN COUNTY,MONTANA. OWNER INFORMATION(CURRENT AS OF„PRINTED DATE): DMC PROPERTIES LLC P.O.BOX 1407 BOZEMAN,MT.59771-1407 AREA=1520.0 SQUARE FEET JUNIPER ST LEGEND: S88'46'58"E Cad PUBLIC ACCESS AND 8.00 Uj UTILITY EASEMENT rr :D i I Z W �O�8 y O F— T o S1°14'12'W Z t 190.00' W zYw �UF— O rwnmQ �OSB W 0 40 z O N1'14'12"E ( IN FEET ) 190.00, leer ' ��ii�._ SURVEYOR'S CERTIFICATE i..f� I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify O that I conducted this easement su`ly�,�t411I IlflJ7j7 NO 3 sir`, 0�� 40l 7 N88°45'48'W �• A . . . ANQ �rQr� 8.00' d0 r srjl nt.t i Jon C.Wilkinson,PL ,C � MT Reg,No.16411LS Morrison-Maferfe,Ino, V;6/ BORRISON E� 90 TedmiowyBNd DRAWNBY-Dg NORTH 7TH AVENUE PROJECT NO 5,,, BommmMT597f8 CHMD BY. Jcw LIGHTING IMPROVEMENTSBOZEMAN MONTANA LIBAIERLE INC, Patin soana:t:°s Fes (408)5B7-072i APPR BY QU I Fat(408)587-5776 A. DATE 5 FIGURE NUMBER p- g kLtpfvJnrOum JCa- �,.�� EXHIBIT A A N78g571083WCAD1Fyh�hAs1E7(771£fITA 7B14 DlaC PROP tLC My Platted by kevinjacobsen on Od/MQIS A �I i �I