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HomeMy WebLinkAbout15- Decosse Westgate Partnership LP Public Access and Utility Easement ,I City of Bozeman-City Clerk P.O. Box 1230 Bozeman, NIT 5977-1-1230 1 PLATTI=D I 25 34417 Page: 1 6 12/31/2016 10:15:36 AM Fee; $35.pp IIIfNII�(IHIIofI1111n11(Illfllllllllllllf(Ilflll!!!1l1,,MTIIIIIIIllflllfll Misc PUBLIC ACCESS AND UTILITY EASEMENT Decosse Westgate Partnership LP., GRANTOR(S), in consideration of one dollar($ 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:Tract 7, Durston Subdivision, Located in the Northeast One-Ouarter of Section 12,Township 2 South,Range 5 East, Principal Meridian '.r Gallatin County,Montana. The easement is more particularly described on the attached Exhibit A which by this reference are made a part hereof. a 3g 7 The CTRANTOR(S) agrees: I (1) To maintain the sidewalk at their own expense in accordance with relevant City l 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 �f and land appurtenant thereto as the City reasonably deems necessary. �j s i �f (3) The Grantor and the City of Bozeman acknowledge that any setbacks required along North 701 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 day of, 20 I GRANTOR(S) CORPORATION: r. James W DeCosse, (Prints ame and Capacity Decosse Westgate Partnership LP.. STATE OF MONTANA ) 3C ) ss. County of Gallatin ) On this ?day of / 20 fr ,before me,the undersigned,a �t Notary Public for the State of i; ,personally appeared ��2, known to me to be the of.Decosse Westgate Partnership LP„the corporation that executed the within instrument,and acknowledged to me that he executed the i F j i same for and on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) 1; j app1��1l+ i M ©I R 6 Notary Public e�oTAR Aj-, �£for the State of Montana m'.SEAL.'*T Heolding at: �. Bozeman Montana Nota ublic for the State oft l.•L. t:? i "?� My Commission Expires: 'tJ.i.OF,t�tia•'--`."- - .JAl1U$!y 1t), '�0� . . (Printed Name) ,_.--�--`� Residing in My Commission Expires / /20 ACCEPTED: i CI MO,1 BOA by e • " < , '� City Manager ATTE T: �. .fir+, i883 f�I��VyCU. STATE OF MONTANA ) i ) ss. County of Gallatin ) i On this day of ,201 before me, a Notary Public for the State of Montana,persona appe ed CHRIS A.KUKULSKI and STACY ULMEN,known to me to be the City Manager d 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. 1 l i IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year first above written. 4otary L) .r HER �; N`P; HEA7Notary Public�i'vUE✓ Public o the tate of Montana ;; ;'aoT^kIq<ym:for the state of Montana Residing at: ,u3 Bozeman, Montana My Commission Expires: (Printed Name) January 26,2018 Residing at.Bozeman, Montana My Commission Expires: / /20 i i i I i f I 3� i I EXHIBIT A A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF TRACT 7, DURSTON SUBDIVISION, SITUATED IN THE NE114 OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. VILLARD ST. S88025'07"E OWNER INFORMATION(CURRENT AS OF PRINTED DATE): B.00' DECOSSE WESTGATE PARTNERSHIP LP 2120 CHAMBERS DR. BOZEMAN,MT.59715 AREA=1800.98 SQUARE FEET W D z LEGEND: W p77Z�] PUBLIC ACCESS AND UTILITY EASEMENT 1 O j 0) l a zLij i z o W U ry N 1 004'58"E C!} 225.13' _ 0 z I i 0 30 I i ( IN FEET ) S 1°04'58"W 225.12' SURVEYOR'S CERTIFICATE 14 I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify that I conducted this easement survey. N88027'25"W 8.00' Jon C.Wilkinson,PLS,CFedS The bearings shown hereon are derived from the Montana MT Reg.No.16411 LS Coordinate System,Zone 2500,NAD 83(1999) Morrison-Maierle,Inc. Lj 901Teahn logy Blvd DRAWMBY: 2S NORTH 7TH AVENUE PRQIECTNo. 11 MORRISON Engineers . sun�rars BazsmanoMT59718 cH)cD.eY: Jcw LIGHTING IMPROVEMENTS O417063 MAIERLE INC. saanllsls BOZEMAN MONTANA Planners Phone:(400)587-0721 APPR.BY: KOJ L&---JFax:(406)$87-1176 FIGURE NUMBER ' An Jl-ployee<—d Company DATE: O6l02/2015 COPYNIC31T 00.taaRl30kl.WeniE,tlK.M6 EXHIBIT N:041710g31ACADIE-41lbKsSEASEMENTS-H-II-2015.dwg PlotledbykeAnjawbsenon JunJ9/2015 II