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HomeMy WebLinkAbout19- Public Access Easement - SFP-E, LLC - Les Schwab Project Shared-Use Path Return to: CTA Architects Engineers 121 S.Main Street Livingston,MT 59047 2662982 Page: 1 of 6 10/30/2019 02:20:32 PM Fee: $42,00 Erio Semerad — Gallatin County, MT MISC 11111111111111 I11 III11111111111111 IN IT 11111 II11111111 II111111111111111V 1111111111111 PUBLIC ACCESS EASEMENT SFP-E,LLC, GRANTOR(S),in consideration of one dollar($1.00)and for other and valuable consideration,receipt of which is hereby acknowledged, grants to the City of Bozeman,a Municipal Corporation of the State of Montana,with offices at 121 North Rouse Avenue, Bozeman,Montana 59715, GRANTEE, a public access easement for a multi-use path for the use of the public in,through and across land situated in Gallatin County,Montana,which is located on the following described property: "Lot IA of Block 6 of the Amended Plat of Lots IA,2, 3, and 4A of Block 4 of Walker Property Subdivision(a Planned Unit Development),situated in the SEIA of Section 26,Township 1 South,Range 5 East,P.M.,M., Gallatin County,Montana,according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-164-B] The easement is more particularly described on the attached Exhibit A and B which by this reference are made a part hereof. 2662982 Page 2 of 6 10/30/2019 02:20:32 PM The GRANTOR(S)agrees: (1) To construct and maintain the multi-use path at their own expense in accordance with relevant City Ordinances,including,but not limited to,snow removal and all major and minor repair work. (2) To allow the City to make any and all inspections of the multi-use path and land appurtenant thereto as the City reasonably deems necessary. The GRANTOR(S)warrant that they are lawfully seized and possessed of the real property 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 further agrees that the GRANTEE may peaceably hold and enjoy the rights 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. (SIGNATURE PAGES TO FOLLOW) 2662982 Page 3 of 6 10/30/2019 02:20:32 PM DATED this day of ,20j_q. G TO CORPORATE STATE OF OREGON ) ss. County of Deschutes ) On this?day of ,20 j a , fore me t undersigned, a Notary Public r the Stat of Oregon,personally appe ed, known to me to be the of and the person whose name is subscribe.0 to the within instrum'�t and acknowledged to me that he executed the within instrument for and on behalf of c IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. OFFICIAL STAMP RAMONA FAYE MATHENY NOTARY PUBLIC-OREGON (SEAL) COMMISSION NO.983746 MY COMMISSION EXPIRES FEBRUARY 03,2023 �&IIMIA ral,�,r &42- No "Public for the S e of Oregon r�'l- 'pbl L (Printed Name)�', Residing in -e My Commission ExpiYes 02 /_4�2 /20� 2662982 Page 4 of 6 10/30/2019 02:20:32 PM ACCEPTED: C F BOZE By; City Manager' - O-V 4 B O,Z�'� 4 s r t ATTEST: , U. 1888 • ■ 4 4 STATE OF MONTANA ) RTjN C0. ti�, )ss. County of Gallatin ) On this �Zg day of (9c-{-o 6zjZ . ,2 0I before me,a Notary P is for the SO F—%A4" State of Montana,personally appeared ANDREA SURRATT and ,known to me to be the City Manager and ty Cler Qore City of Bozeman and the persons whose names are subscribed to the within instrum�d acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal on the day and year first above written. (SEAL) Notary Public for the State ' Montana �- •- (Printed Name) Residing at Boze/ani,Montana `07"',Im, kio i_cn My Commission E My Commission Expires: `i /20_ '` scpce nhor y28,���� 2662982 Page 5 of 6 10/30/2019 02:20:32 PM EXHIB" IT EASEMENT DESCRIPTION A public access easement across portions of Lot lA of Block 6 of the Amended Plat of Lots IA, 2, 3, and 4A of Block 4 of Walker Property Subdivision (a Planned Unit Development), situated in the SETA of Section 26, Township 1 South, Range 5 East, P.M., M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-164-B] Said easement being more particularly described as follows: A strip, twenty one (21) feet wide, the west line of said strip being coincident with the west line of said Lot IA and the east right-of-way line of Springhill Road. AND A strip, ten(10) feet wide, the southerly line of said strip being parallel to, and ten(10) feet northerly of, the southerly line of said Lot lA and the northerly right-of-way line of U.S Highway 10. A At ;o Drawn By EJV PUBLIC ACCESS EASEMENT EXHIBIT A Checked By GSB A SHARED USE PATH REF SHEET# Date 9/20/2019 GRANTOR: SFP-E, LLC CTA# I GMr R7N LIVINGSTON,MT sHEET# (406)222-0104 GRANTEE: CITY OF BOZEMAN Cad File:1SMT_BzNVM Fax(406)222-1007 I OF 2 2662982 Page 6 of 6 10/30/2019 02:20:32 PM hAH115"' IT B GRAPI-.IIC DEPICTIO -s' -� � r y 2t`, PUBLIC ACCESS ` EASEMENT .� FOR SHARED . ' USE PATH ; AMENDED PLAT OF X LOTS 1A,2,3,AND 4A € OF BLOCK 4 OF WALKER PROPERTY SUBDIVISION (A PLANNED UNIT DEVELOPMENT) - 5 ` BLOCKS LOT IA ti PUBLIC ACCESS EASEMEN FOR SHARED USE PATH v � r �r yG 017 rr. BOR3 .: .lzz ' rp e .. YO co 0 100, 200 Drawn By EN PUBLIC ACCESS EASEMENT EXHIBIT Checked By _ GSaPA . SHARED USE PATH REF SHEET# Date 20r02l209 GRANTOR: SFP-E, LLC CTA# I_SMT BZN LIVINGSTON,MT SHEET# (446)222-0104 GRANTEE: CITY OF BOZEMAN cc?� 0i' L rlLL, ct,� Cad File:LSMT-BZNV01 Fax(406)222-1407 G