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HomeMy WebLinkAbout17- Perpetual Ditch Access and Maintenance Easement - Flanders Mill, LLC - Flanders Mill Subdivision, Phase 5, Common Open Space O J-620 Return To: Bozeman City Clerk 121 N. Rouse Avenue Bozeman, MT 59715 _2607332 Page: 1 of 3 03/05/2018 02:45:55 PM Fee $21,00 Charlotte Mills - Gallatin County MT MISC 1111111111111 III�111111111��IT IIII 11111111111111111111111111 III 11111111111111111111111 PERPETUAL DITCH ACCESS & MAINTENANCE EASEMENT Across Common Open Space O, Flanders Mill Subdivision, Phase 5 CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA Flanders Mill, LLC, GRANTOR, does hereby grant to the Public and the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEES, a perpetual ditch access and maintenance easement over, across and through Common Open Spaces O, as depicted on the plat of Flanders Mill Subdivision, Phase 5, Bozeman, Montana, and also depicted on the attached Exhibit A, which by this reference is made part of this document. The purpose of this easement is for the maintenance and repair of an existing ditch that crosses the north end of said Open Space O, Flanders Mill Subdivision Phase 5. This right of access is subject to and limited by all applicable provisions set forth in the Declaration of Covenants, Conditions, and Restrictions and Reservation of Easements for Flanders Mill and any rules adopted by the Flanders Mill Homeowners Association, Inc. The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEES may peacefully 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 t day of �cQr , 2017. Flanders Mill, LLC, a Montana limited liability company By: Homelands Development Co., LLC, managing member - L I)ZQ L-4-�A �w — By: Walter Wolf, Managing embe STATE OF MONTANA ) ss. County of Gallatin ) -b This instrument was signed or acknowledged before me on this / day of j °c 2017, by Walter Wolf as managing member of Homelands Development Co., LLC, as managing member of Flanders Mill, LLC. NV AT) ACCEPTED: CITY OF BOZEMAN - ( 4-,c," By: , A Tting City Mapager, > , Arekren S,ivrct-tt- B O ATTEST: ^`, O • :�q'. ' U■ �,��-+-�J �J ter. • � Robm Crough, City rk ,� L,��,,•, . . fig® STATE OF MONTANA ) 1 �0` )ss. County of Gallatin ) $S ,its /jNPP�R SuP-P�1T' On this Q-0- day of 201; , before me, a Notary Public for the State of Montana, personally appeared "' T" " '"T "" and ROBIN CROUGH, known to me to be the 3P City Manager and City Clerk, respectively, of the City of Bozeman, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. BRENDA SWEENEY Notary Public for the State A4 ontana C r,Q4;!�!F�, J F Notary Public Printed Name: m:NOT RrA��< for the State of Montana Residing at: Residing atZ$,Z e Anac3A-4 �� ,�iy.SF,AL.=�`= Bozeman, Montana My Commission Expires�2/ /20 /� '''F ', `P My Commission Expires: , , , ,, December 02,2018 EXHIBIT A DITCH MAINTENANCE EASEtiIENT LOCATED IN THE E j OF THE W j OF SECTION 3, T. 2 S., R. 6 E. OF P.M.M., CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA \ \ .ff I N 1/4 CON. SEC. 3 � NY SEWER MANHOLE AT PREVIOUS i M C�SANIT�pONUMENT LOCATION COMPUTED OSITION. SEE CCR BK. , P.592, DOC. N0. 2176851 \ 0� �� S�CC \ 5 ' WIDE PUBLIC ST EET \ AND UTILITY EASEMENT PER DOC. NO. 210 144 10' WIDE PON ER LINE EASEMEN PER DOC. NO. 2281403 [N89'36'58"E] [N47'42'33"E] BAXTER LANE 339.81 089'36'58" 44.92 047'42'33" I - 30' WIDE DITCH [N89'36'58"E] MAINTENANCE EASEMENT 371.87 437.85 089'36'58" _ i 65.98 30 19.51 45 =12' 4'06" i OS 0 L=38.27 LJJ LOT 16 R=330.0 j =91'21'25" n ' Q LOT 17 S LOT 15 R=24.00 'Z j � / Q Z Q ' LOT 19 ��. Q G� / 0 LOT 14 LOT 18 ©� cc ° G W : LL Gj LOT 13 Scale In Feet 100 0 100 AREA OF DITCH MAINTENANCE EASEMENT: 10,668 SF 30 0 30 Scale In Meters Engineering and Surveying Inc. 1091 Stoneridge Drive•Bozeman, MT 59718 Phone(406)587-1115•Fax(406)587-9768 www.chengineers.com•info@chengineers.com Sheet 1 of 1 #14500