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HomeMy WebLinkAbout18- Public Access Easement - Bozeman West Land Development Partners, LLC - Bozeman West Apartments Project Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 PLATTED 2613794 Charl0ttefM511s 05GallaOin Coun6Y36MTM Fee: $35.©0 111111IN111111111111111111111111111111111INIS M1SC PUBLIC ACCESS EASEMENT Bozeman West Land Development Partners,LLC,GRANTOR(S),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 multi-use path for the use of the public in,through and across a 20.0 feet wide strip of land situated in Gallatin County,Montana,which is located on the following described property: Lot B of Certificate of Survey 1256A,situated in the NE %of Section 2,Township 2 South Range 5 East,Principal Meridian,City of Bozeman,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 multi-use path 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 multi-use path 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. DATED this Z day of J`20 �. GRANTOR: w�++.�w��`b'X�"s''tS' INDIVIDUAL STATE OF MONTANA ) ss. County of Gallatin ) On this day of ,2 ,before me the undersigned,a Notary Public for the State of Montana,personally appeared known to me to be the person whose name is subscribed to the within instrument,and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires /_/20_ CORPORATE STATE OF MONTANA ) ss. County of Gallatin ) On this 21 day of 1A&U1 20 1 Yi,before me the undersigned,a Notary Public for the State of Montana,personally appeared, , noitt%r> ,known to me to be the N1Wv*gL of f. vJ%-1 (,4.' Ac.ufif t11el ` person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of�,�t�„�%jec't (1 < IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. WILLIAM GREENWAY NOTARY PUBLIC for the State of Montana 9 SEAL�z Residing at Missoula,MT OFrna` My Commission Expires July 05,2021. o ary u i(-c or the tate of Montana IN 6-lAn 6NZIM�—Al (Printed Name) Residing in 4{S$GaCA E tn'1 My Commission Expires 0-1 / OK— /20 i.0 ACCEPTED: B OZ'•, CITY OF OZ MA - • �'.`�? City Manager ATTE LK ••9�+. City Clerk O•. _ " ,i1' _..�.` 1883 ,oQ` STATE OF MONTANA ) L`9?7]y CO S1 )ss. County of Gallatin On this day of DL.. ,2a! efore me,a Notary Public for the State of Montana,personally appeared and ROBIN CROUGH,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 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. ` BRENDA SWEENEY (SEAL) �a�ASWEF+- Notary Public mQ;NpTpRI,gZ�A'for the State of Montana Residing at: *' SEAL. Q= Bozeman, Montana ls` icctt�� ��ccP?: Commission Fires: otary Public for e State of M ana `9� pOF.M�?�,;•`' December 02 2018 (Printed Name) Residing at Bozeman,Montana My Commission Expires:/a./ L- /20-(& I Iry EXHIBIT A A PUBLIC ACCESS EASEMENT SITUATED IN THE NE Y. OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. A public access easement over and across Lot B of COS 1256A as filed with the Gallatin County Clerk and Recorder,situated in the NE%of Section 2,Township 2 South,Range 5 East, Principal Meridian,Cityof Bozeman,Gallatin County, 25.0' ACCESS / EASEMENT PEERR DO ACCESS 2252972 Montana,which is more particularly described as follows: i � I S89°00'36"E 661.19' P.O.B. Beginning for the same at the northeast corner of said Lot B; _ — N89°00'36"W 37.31' thence along the north line of said Lot B,North 89°00'36" N89°00'36"W 404.96' West a distance of 404.96 feet to a point at the eastern end of N2°50'27"E 20.01' the south side line of the public trail easement as described in S89°00'36"E 441.62' Doc.No.2252972 as filed with the Gallatin County Clerk and SO°59'24"W 20.00' Recorder;thence continuing on said north line of Lot B,North 0.20 89°00'36"West a distance of 37.31 feet;thence leaving said north line South 00°59'24"West a distance of 20.00 feet; ACRES thence along a line parallel to and 20.0 feet south of,when measure with ne of South 89°I00'36°lght angles,from said north East a distance of 441.62 feet to easttline of RE`RF'g2 6 said Lot B,thence along said east line North 02°50'27"East a °°S (0 LOT B distance of 20.01 feet to the point of beginning. 'u COS 1256A w o G�°�3 �n o Said tract having an area of 0.20 acres more or less,and is z subject to all existing easements or easements apparent on Z the ground. CERTIFICATE OF SURVEYOR I,Jonathan C. Roen, Montana Professional Engineer and = CTION ER g sFcnoN a Land Surveyor License No.12247ES,hereby certify that I conducted this easement survey. Dated this day of,2018. S88°59'43"E 660.10, Jonathan C. Roen,PE, PLS s°NO& -N- MT Reg.#12247ES SJ0°\Ji°N Morrison-Maierle,Inc. PAN\�eN"'� 5�°�5J0 200 100 0 200 SCALE IN: FEET V 2880 Technology Blvd West DRAWN BY: CHIN EXHIBIT A PROJECT NO. ■ Morrison Bozeman,MT 59718 DSGN.BY: MEE 3959.021 M a i e rl e ® aosse7.o7z1 BOZEMAN MONTANA APPR.BY: JCR www.m-m.net DATE: 01/2018 A PUBLIC ACCESS EASEMENT ACROSS LOT B OF FIGURE NUMBER engineers.surveyors.planners.scientists EX. A e°P.e°�,,M°"as°µEA E.Ne..zo,a COS 1256A N:\3959\021\ACAD\Survey\Easements\Bozeman West Easements-EXHIBITS.dwg Plotted by tyler wilkens on Feb181201 B