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HomeMy WebLinkAbout17- Public Access Easement (SUPERCEDED IN 2018) - Norton Properties LLC - Norton East Ranch Subdivision, Phase 3B ��M1:1vT Sup �t 1J 1 C-)06 Ni11 Pq Lf"-ry- RETURN RECORDED DEED TO: tS Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 2609160 Pase: 1'of 3 03/23/2018 04:01:50 PM Fee: $21.00 Charlotte Mills - Gallatin County MT MISC 1011 1 l 41311II II 11 III 11111111111I 11 PUBLIC ACCESS EASEMENT Norton Properties LLC, an Oregon Limited Liability Company, with a mailing address of 63020 NE Lower Meadow Road Suite 200, Bend, OR 97701, GRANTOR, in consideration of$ 1.00 and for other good 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 the use of the public in, over, through and across the following described property situated in Gallatin County, Montana: Common Open Space D and Common Open Space El, NORTON EAST RANCH SUBDIVISION, PHASE 3B, City of Bozeman, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Northeast 1/4 of the Southwest 1/4 of Section 9, Township 2 South, Range 5 East of P.M.M.. The GRANTOR(S) agrees: (1) To construct and maintain the trails in said Common Open Space D and Common Open Space El 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 trails and land appurtenant thereto as the City reasonably deems necessary. The GRANTOR warrants that he is lawfully seized and possessed of the real property described above, that he has a lawful right to convey the property, or any part of it, and that he 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 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 thi day of SQptW b�, , 2017. �3o�MP,�1 *"--e es, LLC cer, Member STATE OF ss. County of This instrument was signed or acknowledged before me on this day of SQ,,E-� 2017, by Kevin Spencer as a member of Norton Properties, LLC, an Oregon limited liability company. 0°--_�_ (SEAL) Notary Public for the State o .r OFFICIAL STAMP Printed Name: J TINA KAY OAKLEY R 4 ' NOTARY PUBLIC-OREGON Residing at: 20235Jon�ova O COMMISSION NO.94"63 My Commission Expires t 5 20.(q , MY COMMISSION EXPIRES NOVEMBER as,2019 AC TED: CITY OF BOZEMAN / By: Chris Kukulski, City Manager ATTEST: Stacy Ulmen, City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this day of X" , efore me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and\STACY ULMEN, known to me to be the City Manager and City Clerk, respectively, of the City of`Bozeman, and the persons whose names are subscribed to the within instrument, and acknowledg6d,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. Notary Public for the State of Montana (SEAL) Printed Name: Residing at My,-Commission Expires / /20 Public Access Easement—Page 3 of 3 ACCEPTED: CITY OF BOZEMAN By: Andrea Surratt, City Manager 130 ATTEST: ' Alz� Robin Crough, City erk �z'• a3` •'cam STATE OF MONTANA ) )SS. County of Gallatin ) On this day of , 2018, before me, a Notary Public for the State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, known to me to be the 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. (� I"""% BRENDA SWEENEY t� F''Y. Notary Public Notary Public for the Sta of Montana me��,d�Si ►,e for the State of Montana Printed Name: *; —— - Residing at: S,,.�Q SEAL.'", Bozeman, Montana Residing at My Commission Expires: My Commission Expires !-;i,,/ -_/20 " 0F"' December 02,2018 M lll'1 tl•1 I I \