HomeMy WebLinkAbout05-20-19 City Commission Packet Materials - C3. Public Access Easement with Bridger View Development for Bozeman Commons
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Griffin Nielsen, Engineer I
Shawn Kohtz, City Engineer SUBJECT: Authorize the City Manager to sign a Public Access Easement with
Bridger View Development, LLC for installation of a sidewalk for the
Bozeman Commons Phase 4 project on the north side of East Main Street
(1107 E. Main St.). MEETING DATE: May 20, 2019
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the City Manager to sign a Public Access Easement with Bridger View Development, LLC for installation of a sidewalk for the Bozeman Commons Phase 4 project on the north side of East Main Street
(1107 E. Main St.).
BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable.
FISCAL EFFECTS: N/A
ALTERNATIVES: As suggested by the City Commission.
Attachments: Public Access Easement
Report compiled on: 5/7/19
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When Recorded Mail to:Bridger View DevelopmentC/0 Mark Esponda3424 US Hwy 12 EHelena MT 59601PUBLIC ACCESS EASEMENTBridger View Development, LLC, a Montana limited liability company, with a mailing addressof 3424 US Highway 12 East, Helena, MT 59601, and Buggy Bath LLC, a Montana limitedliability company, with a mailing address of 1007 East Main Street Suite 202, the GRANTOR, inconsideration of S 1.00 and for other and valuable considerations, receipt of which is herebyacknowledged, grants to The City ofBozeman, a Municipal Corporation of the State of Montana,with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, a public accesseasement for the use of the public in, through, and across a 10-ft wide strip of land situated inGallatin County, Montana, which is located on the following described property:That portion of the south 10 feet of Lot 2C, Amended Plat C-23-A21, Northern PacificAddition, that fronts East Main Street (U.S. Highway No. 10), located in Sections 7 and8, T. 2 S., R. 6 E. ofP.M.M., City ofBozeman, Gallatin County, Montana.The GRANTOR(S) warrant that they are lawfully seized and possessed of the realproperty 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(S) further agrees that the GRANTEE may peaceably hold and enjoy therights 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 It- day of •fff^p^/ 20j9_.Bridger View Development, LLC, a Montana limited liability companyPrinted Name: o/\&/l4 £ip£>^^-its: r^^^A.o&T-STATE OF MONTANA)):ssCounty of i-e-v^ii & C-l&r/i. )This instrument was signed or acknowledged before me this I Z. day of ^_,2Q'l_Q_, by fAo^'L t^f)c"'t{<^~ as MC^W-(|&^ _ of Badger ViewDevelopment, LLC, a Montana limited liability company.^Notary Pi^lic for the State ofMortta^a13
Printed Name:Residing at ^ IfMy^p1A^kEA^^l^^fe^£L£UEjipiiLj ^ I't /2e^CTANGELA ASHBYNOTARY PUBLIC for theState of MontanaResiding at Helena, MontanaMy Commission ExpiresMarch 14, 2022CITY OF BOZEMANby.City ManagerATTEST:City ClerkSTATE OF MONTANACounty of GallatinOn this)ss.day of), 2_, before me, a Notary Public forthe State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUCH, knownto me to be the City Manager and City Clerk, respectively, of the City ofBozeman and thepersons whose names are subscribed to the within instrument, and acknowledged to me that theyexecuted the same for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at_My Commission Expires / _/20_14