HomeMy WebLinkAbout00- Dept. of Fish, Wildlife and Parks Assignment of Trail Easement, 2000
- . j " "' 1111' "'1 II "' "' 2011830 ,
-. ~ Palle: 1 of 3
. 05/05/200012:16P
Shelley Vanoe-Gallatin Co MT MISC 18.00
.
ASSIGNMENT OF TRAIL EASEMENT
For value received, the STATE of MONT ANA, Department of Fish, Wildlife &
Parks, (Assignor), whose address is 1420 East Sixth Avenue, Helena, Montana 59620,
hereby assigns to the City of Bozeman, (Assignee), whose address is 411 East Main
Street, Bozeman Montana 59771 its rights, powers, and obligations reserved under an
express reservation of a trail easement in a Grant Deed between Assignor and Salie B.
O'Malley and Philip S. Cook, recorded June 6, 1997, on Film 173, Page 4338, records of
the Gallatin County Clerk and Recorder.
The Grant Deed expressly reserved the following:
A perpetual easement for the purpose of constructing, maintaining and
repairing a pedestrian and bicycle trail for the use and benefit of the public on,
over and across the real property located in Gallatin County, Montana,
described as:
A tract of land ten feet (l 0') in width lying adjacent to and east of
the westerly property boundary of Tract 2 of the Van Horn
subdivision as shown on Exhibit A attached hereto and incorporated
herein by this reference.
Grantor may place appropriate signs and other reasonably necessary trail
improvements within the easement area. As part of its maintenance of the trail,
Grantor may control vegetation within the easement arca.
Grantees shall not develop, construct or place any fixed improvcment in or on
the easement area that would impair or interfere with the Grantor's rights
under this easement and the public's use of the trail for pedestrian and bicycle
travel, except as incidental to access by Grantees to public or private roads or
streets from the adjacent property. This trail casement may be intersected as
needed for development of the adjacent property. Underground utilities may
be placed in the easement area as long as they do not obstruct the public's use
of a nail on lhe easement area.
Grantor assumes the risk of injury to persons and damage to property arising
out of Grantor's operations under and use of this easement and shall indemnify
and defEmd Grantees, their heirs, successors and assigns, from any claim, loss,
damage or expense in any way rcsuIting from Grantor's operations under and
use of the easement, except to the extent such losses, damagc or cxpcnsc is
caused or contributed to by Grantee's negligcnce or other wrongful act or
omission.
In assigning this trail easement, the Assignor hcreby assigns its intercsts and
obligations reserved in the Grant Deed attached as Exhibit B provided that any
reconstruction or widening of Fowler road will incorporate the area currently
0 .. " 11111111 1111 II 1111112011830
.'
Fla;.: 2 of 3
. 05/05/2000 12:15Fl
Sn.ll.y Vano.-Gallatin Co MT MISC 1B.00
designated for the trail easement and will provide a public pedestrian/bicycle access
such as a sidewalk or pathway, ensuring that non-motorized use will be prcscrved
as was originally intended by the trail easement.
Dated this I ~fj day of --1lpri / ,2000.
Montana Department of Fish, Wildlife & Parks
By:
State of Montana )
County of kwf~ ; CIvK. : ss.
)
This instrument was acknowledged before me on 4,t'/ / IZ. ,
-.
2000, by Patrick J. Graham, Director of the Montana Department ofFish, Wildlife &
Park~,
. ,II 1" 111111:.\1'
\ . I,~: ~::...
,::' \..J9!i/''-'"'' ~/~
"t ..:... . ~~'j
',."..- "".fla'",~
t" ..... "'..fI:~ #W' Notary Publ for the Sfclte of Montana
,. "'.' ,. ^ . 'It..,.-;:;
.Z,i V.~rr~ \' ~ Residing at !I(./~ ~ "_._~
... ;Oi .' 1* ~ My Commission Expires 11-1 Z..bZ
,\ ... -
'. ~..-.I'Ufn..\("i:, ~
. ~It~. '.'/$i.s
f., '\ ~ ~. ~
'j -,~..,.......~.",.~::/,\"" ~:-'~
I' .'. ,,- ..~. ...
A ':'CEP':;rt::B: .
h;., ",0<
. '/
\ '
.......~-~_.m:___
-
Clark Johnson, City Manager
ATTEST:
(f~Y~
Robin Sullivan, Clerk ofthe Commission
:'.~'
.. .. . .
1111111111 1111 II 1111 112011830
.. " Palle, 3 of 3
05/05/200012:15P
. Shelley Vanoe-Gallatin Co MT MISC 18.00
.
STATE OF MONT ANA )
) ss.
County of Gallatin )
2000
On this ! q fj,.. day of Ap t. ;1 , ~, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Robin L. Sullivan, known
to me to be the Clerk of the Commission of the City of Bozeman and Clark Johnson,
known to me to bc thc City Manager of the City of Bozeman and thc pcrsons 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 hercunto set my hand and aUixed my Notarial
Seal the day and year first above written.
?4?1. """
J' t? t;~ e State of Montana
q, . . . .. " . /(:! "
.l."r ..' ". -:.
, ~ ..' (/J' & ". '-:;.. ~-
;;:... . '::0'" .~,
. l~"i A.' \\ .
Oi~...o<" t,;';"~' ',.';;'-
.-",..:',.,. 5;":l":''''.'
; ;,>" ; ,,'," >.': ' ';.'. c;,;
',. .; V';J' . ..... ~-'f .b :
~j "'.... t-t A .. ~ :-
',), ...~., " ..' I .-'
4A, ". ..... ,~';'i. .;
-1 ....... (",'-'
?!'t' ~.,>.,