HomeMy WebLinkAbout19- Access Easement - Taylor Properties, Inc. - Lincoln Property Sidewalk L-46D
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PO Box 1230
Bozeman, MT 59771-1230
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2654778
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Eric Semerad - Gallatin County MT MISC
1111111111111111111111111111111111 IN 111111111111111111111111111111111111111111111111 IN
ACCESS EASEMENT
This Easement agreement,made this day of -I— , 20�, by and
between Taylor Properties, Inc.,hereinafter called "Grantor" and the City of Bozeman, a
municipal corporation, hereinafter called "City".
RECITALS
WHEREAS,the Grantor is the owner of the following described real properties:
Lot 1 of the Amended Plat, located in the SW 1/4 of Section 13, Township 2 South,
Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the
official surveys thereof on file and of record in the office of the County Clerk and
Recorder of Gallatin County, Montana.
(hereinafter called "Subject Parcel");
WHEREAS, the Grantor has agreed to a request by the City to construct a sidewalk
5 feet wide. This sidewalk starts at the south end of Tract 1 and then along the west
side said tract and will end at the boulevard sidewalk on the south side of Lincoln Street within a
6-foot-wide sidewalk easement as depicted in Exhibit"A".
NOW,THEREFORE,the Grantor, for and in consideration of the facts above recited and
of the obligations herein contained, does hereby grant and convey unto the City and its assigns
an irrevocable and perpetual easement in,to, over and upon the sidewalk and the land
appurtenant thereto for pedestrian ingress and egress and the Grantor and City agree as follows:
1. The easement herein created includes the right to use the sidewalk and such land
appurtenant thereto which is necessary or convenient for the exercise of this easement.
2. The Grantor agrees to construct and maintain the sidewalk at its own expense in
accordance with the relevant City Ordinances, including, but not limited to, snow
removal and all major and minor repair work.
3. The Grantor further agrees to allow the City to make any and all inspections of the
sidewalk and land appurtenant thereto as the City reasonably deems necessary.
4. This easement shall run with the land and be fully transferable and assignable in
connection with the sale or other transfer of the Subject Parcels as an appurtenance
thereto and shall be binding upon the heirs, successors and assigns of the Grantor and the
City.
IN WITNESS WHEREOF,the parties hereto have executed this easement.
DATED this day of ,201
RANTOR
By: Jim Brainard, President of
Taylor Properties, Inc
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 20 , before me the
undersigned, a Notary Public for the State of Montana,personally appeared Jim Brainard,
President of Taylor Properties, Inc.,known to me to be the person whose name is subscribed to
the within instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
4414
Notary Public for the State of Montana
(Printed Name)
Residing in
My Commission expires / /20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of Californi
County of
On before me, C C ,
Date Here Insert Name a�nddd Title of 4he Officer
personally appeared <
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
*My
KRISL.MACHADO his/her/their signature(s) on the instrument the
Notary Public Californiaperson(s), or the entity upon behalf of which the
Orange CountyCommission a 2238664 person(s) acted, executed the instrument.
Comm.Expires May 17,2022
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature:
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Documen : �p5'.S �GS�, PQ Document Date: rc p
1
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s
Signer's Name: � a,/ I Signer's Name:
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑General ❑ Partner— ❑ Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2013 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Ultem#5907
ACCEPTED:
CITY QF BOZEMA
1 4S br=LLL
� •' � y j City Manager
•
ATTEST:
City Clerk , c• 3 ' �'
. as •
.10
STATE OF MONTANA )
�tL�TIN CC
):ss
COUNTY of GALLATIN
On this 5" day lAntata,
before me, thelundersigned, a
Notary Public for the State of and
C ROBIN CROUGH, known to me to be the City Manager and City Clerk, respectively, of the
C-A r� , 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.
(SEAL) ,"""""""" BRENDA SWEENEY
e ,<t? .....', Notary Public
Notary Public for State of Mo na 'M. %0TARhq�..4 for the State of Montana
*; *` Residing at:
_.SEAL.. - Bozeman, Montana
(Printed Name -9 My Commission Expires:
,�a`� December 02,2022
Residing at Bozeman, ontana
My Commission Expires: / /20
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