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HomeMy WebLinkAbout15- Charles Schwier Public Access and Utility Easement ,r t City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 E TED 2534415 Page; i of 5 12/31/2016 10:15:36 RM Pee: $35,00 Charlotte Mills - Gallatin County, MT Mi5C 11111111111111111 IN I 1111111 1111III11111111111111111111111II11111111111II11 IN I1 PUBLIC ACCESS AND UTILITY EASEMENT Charles Schwier, GRANTOR(S), in consideration of one dollar ($ 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 an 8 foot wide strip of land situated in Gallatin County, Montana,which is located on the following described property: Lots 1-6, less bargain and sale deed Book 148,Page 69, S rriin_gbrook Addition, Block 8, Located in the Northeast One-Quarter of Section 12, Townshi 2 South,Range 5 East, Principal Meridian, Gallatin County,Montana. 1 s 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. 1 (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. DATED this ib"" day of J ,20 1 S GRA UR(S): STATE OF MONTANA ) ss. County of Gallatin ) On this //6 day of 20 1-S- ,before me the undersigned, a Notary Public for the State of Montana,personally appeared GtL�e-' Sc t%w;e✓ known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ANTHONY BECKEN GADDO ,�gECNFN o�•' Notary Public No7ARlq��o for the State of Montana �. *` Roslding at: SEAL Bozernan, Montana <•,�oF ?;' My Commission Expires: '�9,.,,,,.���' January 30,2019 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ,,T,, `,o�;v eec cFti ANTHONY Not Public Pub QV GADDO is NoTaRtq�:o •for the State of Montana Rosiding at: Bozeman, Montana :,y P M y Commission Expires: '' '• January 30,2019 Notary Public for the State of Montana (Printed Name) Residing in My Co ssion Expires / /20 ACCEPTED: 130, CITby BO�E • Cy g Man r e r •�'-'•�?� t %/M/,( I nA PAK. City Manager J .e«�:N Cit C -A r.. p y`0 STATE OF MONTANA } ) ss. County of Gallatin ' ) On this J i day of 20 6, before me, a Notary Public for the State of Montana,personally peare CHRIS A. KUKULSKI and STACY ULMEN,known to me to be the City Manager an 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, HEATHERSfENV` ��'lE i otary Public for he tate of Montanan airyyF Notary Public c_for the State of Mantanr+ Residing at: Bozeman, Montana L• � (Printed Name) commission Expire:;: Residing at Bozeman,Montana ,,yr�op ma my January 26,2010 My Commission Expires:_/ /20 { i EXHIBIT A A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF LOTS 1-6 LESS BARGAIN AND SALE DEED BK. 148, P. 69, SPRINGBROOK ADDITION, BLOCK 8, PLAT B-24; SITUATED IN THE NE1/4 OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. OWNER INFORMATION(CURRENT AS OF PRINTED DATE): HWIER LAMME ST. 119 NL7 S S AVE. 119 N-7TH AVE. BOZEMAN,MT.59715 S88036'47"E AREA=1200.00 SQUARE FEET 8.00' vol 1 i LEGEND: PUBLIC ACCESS AND UTILITY EASEMENT N 1 023'13"E 0 150.00' clf-0 y m Zo o o S1°23'13"W ILL 150.00' LOj 4 Cl) W D z L0T 5 \W\ 2 X-01 0 z 0 30 W a > ( IN FEET ) W SURVEYOR'S CERTIFICATE 4o�T N88036'47"W , M I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify ` 8.00 � that I Conducted this easement survey. r1r/ 0 z Jon C,Wilkinson,PLS,CFedS The bearings shown hereon are derived from the Montana MT Reg,No. 16411LS Coordinate System,Zone 2500,NAD 83(1999) Morrison-Maierle,Inc. s ALLOAMORRISON EIIgf— 901 Technology Blvd. DRAWN BY: DS NORTH 7TH AVENUE PROJECT NO. suro"y Bozeman MT 59718 CHKD.BY: JCW LIGHTING IMPROVEMENTS O417-063 TAT sereA,e:rs BOZEMAN MONTANA MAIERLE,INC, pl-- Phane:(406)587-0721 gPPR-BY: KDJ Fax:(406)587-1176 FIGURE NUMBER r M Empfr y--O,,—d Company DATE: 06102/2015 COpYn1GM UTAORRiswAAWEALF,I!lC,.MISEXHI8IT A A 4171063ACADExhibhs)EASEMENTS-H-II-2015.dwg Plotted by keiin jocohsen on Jun1912015 A 8 �i