HomeMy WebLinkAbout17- Corrected Public Access Easement - East Main Investments, LLC - Lots 2 and 3, Block 1, Elks Club Property Subdivision (Blackmore Bend) Return after Recording:
City of Bozeman
City Clerk
P.O. Box 1230 IPLATTED76
Bozeman, MT S 9-7 t 5
2596139
Page: 1 of 6 10/19/2017 04:17:39 PM Fee: $42.00
Charlotte
IIII IIIIIII(IIIII IIIIIlatin County, MT IIIIIIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIIII MISC
CORRECTED PUBLIC ACCESS EASEMENT
EAST MAIN INVESTMENTS, LLC, GRANTOR, in consideration of one dollar($
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 a twelve (12) feet wide strip of land
situated in Gallatin County, Montana,which is located on the following described property:
Lots 2 and 3,Block 1, of Amended Plat of the Elks Club Property Subdivision, located in
the SW%4 of Section 8, Township 2 South,Range 6 East,P.M.M., City of Bozeman,
Gallatin County, Montana,under Document No. 2 S t(, 1 :2 y and as
Plat H-29- recorded in the office of the County Clerk and Recorder,
Gallatin County, Montana.
The easement is more particularly described on the attached Exhibit(s)which by this
reference are made a part hereof.
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
repair work.
(2) To allow the City to make any and all inspections of the sidewalk and land appurtenant
thereto as the City reasonably deems necessary.
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.
This Corrected Public Access Easement corrects the described property contained in the
Public Access Easement, recorded on September 20, 2017 as Document No. 2593380, and
amends, supercedes and replaces such previously recorded Public Access Easement.
[The rest of the page is intentionally blank.]
DATED this SfC day of U �, 2017.
GRANTOR:
East Main Investments,LLC:
By:
Donald E. Cape •, Member of JWT Restaurant Group, LLC,
Managing M er of East Main Investments, LLC
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of ky , 2017, before me the undersigned, a Notary
Public for the State of Montana,personally appeared Donald E. Cape,Jr., known to me to be
Member of JWT Restaurant Group, LLC, the Managing Member of East Main Investments, LLC
and the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the within instrument for and on behalf of East Main Investments, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
A� CRESTA BUNDLING PAHUT Notary PuAic for the State of 41ontana
NOTARY PUBLIC for the
Sbb of NoffWa
-: SEAL. N idinyi�g,,.�sf
y2i.. ,Mofbna
�`t,ast�tHn
Fe6rJary 01,202
ACCEPTED:
CITY OF BOZEMAN
by
<,13 O> f�C�II/M C' Manager
ATTEST: �'
City derk
STATE OF MONTANA ) �®
) SS.
County of Gallatin )
On this N4' day of 20j-7, before me, a Notary Public for
the State of Montana, personally appeared and
known to me to bJ the City Manager and City
Clerk for the City of B zeman and the persons whose names are subscribe 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.
(SEAL) DA SK;F BRENDA SWEENEY
Notary Public
mQ'NOTARIA' `Oc for the State of Montana
Residing at:
=N'.SEAL Bozeman, Montana
Notary Public for the State of ontana =.,�, ..,,. r My Commission Expires:
Decomber 02, 2018
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: ]a,/_-:zA,_/20I
EXHIBIT A
PUBLIC ACCESS EASEMENT FOR
LOT 2, BLOCK 1 , OF THE AMENDED PLAT OF THE
ELKS CLUB PROPERTY SUBDIVISION
PLAT H-29- E
/ S 66°53'44"E
-------•7' ; 12.18'
/ / � �, '•,. �•'.F'r/s�, AFT `\
TA \ �b
°orti h� i �� A�RFMFNP •
/ �'�• T
12'WIDE PUBLIC �'� ��•�. ; ��
ACCESS EASEMENT �:\�\ / �•\\
A=32°50'19" / / 5'WIDE PUBLIC STREET �'7.\
'
AND UTILITY EASEMENT 30'WIDE WATER /R=276.56" ; ; PIPELINE AND �
L=158.51' j j ; LOT 2 ACCESS EASEMENT /
A=32'50'19" BLOCK 1
R=264.56' ELKS CLUB
i j L=151.63' PROPERTY SUB. // ^� 15'WIDE
1 1 1 SEWER
: 1 1 EXISTING 20'I SERVICE F-- PLANTER STRIP ;/ / EASEMENT
i I PLATH-29 PUBLIC ACCESS
EASEMENT i
>
i Co W � j 3548 S.F. / ;/ LOT 1
i ' 0.081 ACRES //
Q '
d' C� I I S 00°24'21"W 10'WIDE UTILITY
Ti Z i i 66.93' EASEMENT
-•-•-•-•-•-•-•-•-•-•-•-• - ......................-j / 10'WIDE UTILITY
EASEMENT
I ?
j I
I N 90°00'00"W ( j
' I I 12.00' 30'WIDE WATER i
f I
PIPELINE ANDACCESS
i
LOT 3 EASEMEN yi0^l Tq I LOT 4
b DARRYL E.
a EASEMENT GRANTED
o �11779US
LS 0
N O - N
WITH THIS EXHIBITNIS�:O 2=v
ti V' r
9 �f 30
30 0 30 60 tJ
7
E FEET /,9 K`
Oct 06,2017-12:46pm-P:\Private\MT\City\Bozeman\11415006 East Main CommerciahCadd\Ulil Easemenls\Exhibit B3.dwg/S//J `i`�^^++
EXHIBIT B
PUBLIC ACCESS EASEMENT FOR
LOT 3, BLOCK 1 , OF THE AMENDED PLAT OF THE
ELKS CLUB PROPERTY SUBDIVISION
PLAT H-29- L
N 90°00'00"E LOT 2
i I 12.00'
LOT 1
i 10'WIDE UTILITY
1 i EASEMENT
I I %
mII L!_._. ._._._._._._._._._._._._._._._._._._._._._._.J j
1 ?— 30'WIDE WATER �` \
" PIPELINE AND w w
J 1 ACCESS EASEMENT_
= ih I co
C7
I I
I I I I
1 5'WIDE PUBLIC STREET LOT 3 I ^I
AND UTILITY EASEMENT BLOCK 1 I I
1 I
� 12'WIDE PUBLIC ELKS CLUB E i
I 1 i ACCESS EASEMENT PROPERTY SUB. I
i I
PUBLIC ACCESS ; I LOT
I EASEMENT 30'WIDE WATER
W i PIPELINE AND E
65930 S.F. ACCESS
45' N 1 (� EASEMENT
N ! N 1.514 ACRES
o I
i o Z
I I I
_ M i EXISTING 20' E
F-- PLANTER STRIP i
._._._._._._.
i PLATH-29 L
i .......
I
i i I •�
_ w •�
N 78°55'52"W
12.21' 1 �•
TRACT 4A EXISTING 40' -
AMENDED TRACT 4 / P A H21,""NON \�
REARRANGEMENT OF ELKS
CLUB PROP.
\,4\ I TI/1
Dq
EASEMENT GRANTED ppARUSOiV rs
WITH THIS EXHIBIT 17791LS O N
iU .
30 0 30 60 7
w �CALE FEET
to ( ��KLJ
Oct 06,2017-2:20pm-P:1PrivatelMT\Cily\Bozeman\l 1415006 East Main Commerclal\Caditlil Easements\Exhibll C2/.dwg