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HomeMy WebLinkAbout19- Access Easement - Taylor Properties, Inc. - Lincoln Property Sidewalk L-46D Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 PLATTED 2654778 Page: i of 5 08/16/2019 02:16:13 PM Fee: $35.00 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 H E a a J is NrIODNII ® � Q 0 zo m�- �C =o w ® W � wwa U pzo� O Q w J _ Q 0� N Jill � II E—+ W U?z r < Q a a U � o cn a O Z Li,1i� �. W W= ~ Z' 3 N U= Lll T,T = U LLJ LZll' Y N o } m CV C ri mo0 o ¢Z Y LL D U W O O Q u � ^ w rn Cn w C/1 W 0 o N W Z Q U r0 o r1 N