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HomeMy WebLinkAbout19- Access Easement - Taylor Properties, Inc. - Lincoln Property E-46D Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 ��arrEo 2654783 Page: 1 of 5 08/16/2019 02:16:13 PM Fee: $35.00 Eric Semerad - Gallatin County MT MISC 1111111111111 I I 11111 1111111 I I I I I 1111111111111111111111111111111 I I 1111111111111111 IN IN ACCESS EASEMENT This Easement agreement, made this day of , 20 1-1, by and between Ta. lo�perties, 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 east side said tract and will end at the boulevard sidewalk on the west side of Alder CT within the subject easement as depicted in Exhibit "A". AND WHEREAS,the City has otherwise approved the construction and/or remodeling to be done to the business subject to the condition that the business construct a sidewalk which extends across the property line of Grantor's property; 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 r 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 C90 day of , 20 . NTOR 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)5'ejt�� Agli—ei Notary Public for the State of Montana (Printed Name) Residing in My Commission expires / /20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of P On before me, Dat4 Here Insert Name and Title of he Officer personally appeared ame(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 KRIS L.MACHADO his/her/their signature(s) on the instrument the Notary Public-California person(s), or the entity upon behalf of which the Orange CountyCommission N 2238664 person(s) acted, executed the instrument. Comm.Expires May 17,2022 1 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 Docume Title or Type of Document: Document Date: rP Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: c �S %/JGJ� 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: ©2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ACCEPTED: CITY F BO AN B 0, 4 ' �' �? nit Manager ����•ter a;�lj•++�►A: ATTEST: - j; �`� Wks" City Clerk . �'-y•• " 883 STATE OF MONTANA ) 9TIN Co'rtio ):ss COUNTY of GALLATIN ) On this S4�- day of \ , 2 J5, , before me, the undersigned, 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. `, �,pAsw ,, BRENDA SWEENEY Q4!•' 'L�, Notary Public Notary Public for State of Mont =m;�oTAR,,4�,c for the state of Montana * SEAL. * Printed Residing at: Name) Bozeman, Montana � '1111 My Commission Expires: Residing at Bozeman, Montana December 02, 2022 My Commission Expires: ` / /20 H N � ~ is NrIODNII"I O W Z o zC2om 7 n r 1 o Z o W W Q a o u= � W Q Jill °m C)cc co, o Lij Q � �- < Qo n�Ur' Q U K o v a F�--1 W Z iIWE L W. � 1 Ld Zy �4 W� � } } m 3 m o ® A„8£.90o68S �Z5'L£ Z � U W J a w J W S ---------------------------- c o I M K90o68N 19'6£6 I o w I � U E� o W N OI z W Q Z z� �j JAW W 00 0N01 N W W U) CO m t`I T C) W W 00 U) N I O cn IL (n � LO ti ; ' W O O I C) Z M ; U o Co ; N I I I I I .00 8£ M„ti 6 ZOo68N