HomeMy WebLinkAbout18- Perpetual Access Easement - KS DevCor, Inc. - The Lakes at Valley West, Phase 4, Open Spaces A, B, C, and D When recorded return to: 2611218
Page: 1 of 3 04/17/2018 11:29:22 AM Fee: $21.00
Charlotte Mills
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Return to:
City of Bozeman
City Clerk
P® Box 1230
Bozeman, MT 59771�1230 2609161
Page: 1 of 3 03/23/2018 04:01:50 PM Fee $21.00
Charlotte Mills - Gallatin County, MT MISC
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PERPETUAL ACCESS EASEMENT
at The Lakes at Valley West,Phase 4
KS DEVCOR, INC., of 2880 Technology Blvd. West, Ste. 271, Bozeman, Montana 59718, the
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 Ave., P.O. Box 1230, Bozeman, Montana 59771-1230, the
Grantees, a non-exclusive perpetual easement for ingress and egress through the following described real
estate, situated in Gallatin County,Montana,to-wit:
Open Spaces A, B, C, and D all according to the Final Plat for The Lakes at
Valley West Subdivision, Phase 4, Bozeman, Montana, on file and of record in
the Clerk and Recorder, Gallatin County, Montana, [Plat Reference
J-624 I
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, LESS AND EXCEPTING the reserved
rights of Grantor and its successors, assigns, agents, representatives, contractors, and subcontractors on,
over,under,through, and across all of Open Space D, for the purpose of(1) storing snow on Open Space
D; and(2) constructing stormwater drainage infrastructure and improvements on Open Space D including
but not limited to the right to clear, excavate, fill, ditch, embank, reinforce, and armor; install structures,
pipes, valves, outlets, outfalls, gauges, and other improvements; receive, manage, and discharge waters;
and to make such other uses and improvements that may be necessary and convenient for drainage
-purposes. Grantees's rights-herein shall not conflict with Grantor's reserved rights and-particularly -
provided that Grantee's rights do not impede with the Grantor's ability to store snow or its construction
of stormwater drainage improvements;
The terms, covenants, and provisions of this easement and agreement shall extend to and be
binding upon the heirs, executors, administrators, personal representatives, successors, and assigns for
the parties hereto.
PERPETUAL ACCESS EASEMENT 1
Dated this 4_a�day of ���a n ct r,,, ,201 fy
KS DevCor,Inc.
By:
Jamrdent
Its: Pre
State of Montana )
ss.
County of Gallatin )
On this k-S1 day of eX� c� �, _, 201 before me, the undersigned Notary Public for the
State of Montana,personally appeared James Kilday,known to me to be President of KS DevCor, Inc.,and
acknowledged to me that he executed this document in his authorized capacity and on its behalf.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date and year
hereinabove first written.
10 MIE0 CYNT IANot M E DGMOND d:
_ ublic
0: koTARiq� o_for the State of Montana
a*• * Residing at: Printed Name.
uj.SEAL.�� Bozeman, Montana Notary Public for the State o
OF O�e' MY Commission Ex ires: Residing at ,Montana �.--.
M December 08, 2020
(NOT My Commission expires:
PERPETUAL EASEMENT ACCESS 2
ACCEPTED BY:
By:
CITY OF BOZEMAN
Its: City Manager
• • • • 'r
ATTEST: ^ `� '• `' �
City Clerk
9 -. 1883 ,.�5�,�
State of Montana ) DTI*C p �10
ss.
County of Gallatin )
On this ICt4- day of KWre�, , 2019, before me, the undersigned Notary Public for the
State of Montana, personally appeared A" -2wr-ro&L- and
1�a m , known to me to be the City Manager and 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 an on behalf of the City of Bozeman.
BRENDA SWEENEY Signed:
aaA sWFFy; Notary Public Printed Name:
=me ,OTAR1,4`�<=for the State of Montana Notary Public for the State of
_._ Residing at:
SEAL �; Bozeman, Montana Residing at ,Montana
SF�9gl�ommission Expires: My Commission expires:„
December 02,201 S i
PERPETUAL EASEMENT ACCESS 3