HomeMy WebLinkAbout06- Sundance Springs Easement Agreement
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Clerk of Commission
PO Box 1230
Bozeman, MT 59771
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Shelley Vance-Gallatin Co MT MISC
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Easement Agreement
Sundance Springs Residential Owners Association, Inc., ("SSROA") a Montana non-
profit corporation, with an address of P.O. Box 1795, Bozeman, Montana, henceforth,
....Grantor", being the owner of real property located at the northeast comer of Morning
Sun Drive and Goldenstein Road, Bozeman, Montana (see Exhibit A) and the City of
Bozeman, Montana, a political subdivision of the State of Montana, with an address of
P.O. Box 1230, Bozeman, Montana 59771-1230, henceforth, ....Grantee";
The Grantor does hereby grant, for the term stated below, to the Grantee a public access
easement of approximately 65 feet in length, generally depicted on Exhibit A. Said
easement boundary on the east will be Nash Spring Creek, and on the west said boundary
will be a point 25 feet west of the bridge across Nash Spring Creek, and will extend to a
point 30 feet south of the southeast property pin of Lot to, Phase 2B, of the Sundance
Springs Subdivision. In consideration for such easement, the Grantee agrees to the
following terms and conditions during the term of this agreement:
1. The Grantee will not build, or allow to be built, a bridge across Nash Spring
Creek along the length of Tuckerman Park;
2. The Grantee agrees to not post signage, or allow signage to be posted, indicating
such easement or access, and will prohibit a trail or footpath to be mowed or
installed along the west side of Nash Spring Creek the length of Tuckerman Park;
3. The Grantee agrees to remove the existing bench located on the west side of Nash
Spring Creek located in Tuckerman Park and reclaim such area with native
grasses, and agrees to not install or allow to be installed any future bench, picnic
bench, or other improvement along the west side of Nash Spring Creek the length
of Tuckerman Park.
The Grantor may terminate this agreement, after consultation with the Grantee, with 30
days written notice if the terms and conditions of this agreement are not met. The term of
this agreement is 30 years, and shall begin one year from the date of signing to allow
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Shelley Vanoe-Gallatin Co MT MISC 33.00
plants and shrubs planted on the west side of Nash Spring Creek an opportunity to
stabilize and take root. This easement may be automatically renewed for an additional
period with the mutual consent of the Grantor and Grantee.
GRANTOR: Sundance Springs Residential Owners Association, Inc.,
a Montana non-profit corporation
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STATE OF MONT ANA )
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County of Gallatin )
On this .:L day of ~~ ' 2006, before me, a Notary Public in and for
said State, personally appeared . d.1:I t5 kar's",'r' , known to me to be the President
of Sundance Springs Residential Owners Association, Inc., the person whose name is
subscribed to the within instrument on behalf of the corporation and acknowledged to me
that he executed the same.
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o Public.1OC ti!~ State of Montana
Printed Name:
Residing at:
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GRANTEE: City of Bozeman, Montana
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Attested:
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EXHIBIT A
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NORTH
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LOT 1 0, PHASE 28
NASH SPRING CREEK
SSROA OPEN SPACE
GOLDENSTEIN ROAD
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Shelley Vance-Gallatin Co MT MISC 33.00