HomeMy WebLinkAbout16- Public Access Easement - Westbrook Development, LLC - Westbrook Subdivision, Phases 2, 3, and 4 Open Space RETURN RECORDED DEED TO:
Bozeman City Clerk
PO Box 1231
Bozeman, MT 59771-1231
2577242
Page: 1 of 2 04/14/2017 01:59:47 PM Fee. $14.00
Charlotte Mills - Gallatin County, MT MISC
1IIIIIIIIIIIII 11 1111 111I111 111111 11111111111111111111111111111111111111111111111IN
PUBLIC ACCESS EASEMENT
Westbrook Development, LLC, a Montana Limited Liability Company, with a mailing address
of 125 Central Avenue, Unit IA, Bozeman, MT 59718, the GRANTOR, in consideration of
$1.00 and for other good 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
the use of the public in, over, through and across the following described property situated in
Gallatin County, Montana:
Common Open Space C, Common Open Space D, and Common Open Space E,
WESTBROOK SUBDIVISION, PHASES 2, 3, and 4, City of Bozeman, according to the
plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, and located in the SE 1/4 of Section 4, Township 2 South, Range 5 East of P.M.M..
(J-599)
The GRANTOR agrees:
(1) To construct and maintain the trails in said Common Open Space C, Common Open
Space D, and Common Open Space E, 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 trails and land appurtenant
thereto as the City reasonably deems necessary.
The GRANTOR warrants that he is lawfully seized and possessed of the real property described
above, that he has a lawful right to convey the property, or any part of it, and that he 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 GRANTOR. 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 ay of N l ye 11"ei'' , 2016.
Westbrook ev opment, L n D�x
By: fo'711osa, Member
STATE OF MONTANA )
) ss.
County of Gallatin )
This instrument was signed or acknowledged before me on this Z� day of
2016, by John Rosa as member of Westbrook Development, LLC, a Montana Limited Liability
Company.
(SEAL) > '''�Al y''',, SUSAN HJALMARSSON
b ) NotaryPublic
Notary Public for the State ofoTAP, 'sue' for the Stat of Montana
Printed Name: Residing at:
SEA Bozeman,Bozeman, Montana
Residing at: 9 ••• P;' My Commission Expires:
My Commission Ex pir / , 20 °F"'° July 16,2019
ACCEPTED: CITY OF BOZEMAN
By: Ghris-Ku ktt 1-'-j < >< CjiA0,/_Wires i AMJArj CAbL WVV��c,✓
O :9 0 R N
ATTEST: Al
T t a c.^y �C •
Robin Crough,"4NN1 ,• cam
STATE OF MONTANA• •~ —)
)SS.
County of Gallatin )
On this O day r� l
�_ y of ,�� , 201 before me, a Notary Public for the State of
w _Montana, personally appeared� and ROBIN CROUCH, known to me to be
C,310 the City anager and CityZ'Terk, respectively, of the City of Bozeman, and the persons whose
l n yes 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 the day
and year first above written.
ttilc,., PEARL MICHALSON
a'' Notary Pulllio
Notary Public for the State of Montana =�� '. r'
ra;No�nrt,�< e State of Montana
Printed Name: 2edr L w c��\So^ *: -- , - Residing at:
'EEAL.;e; Bozeman, Montana
Residing at 13a�e►�-r�� M k -9
rx���c My Commission Expires:
My Commission Expires 3 /�C_/20 March 10, 2020
G:\C&H\14\14693\14693.9\FINAL PLAT SUBMITTAL\OPEN SPACE DEEDS AND EASEMENT\Public Access Easement Open Space.Doc