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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