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HomeMy WebLinkAboutAppendix O Public Access Easements - draft 1 PUBLIC ACCESS EASEMENT BANGTAIL PARTNERS, LLC, GRANTOR, 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 to traverse and travel across sidewalks and plaza areas by foot or other non-motorized means in, through and across portions of land situated in Gallatin County, Montana, which is located on the following described property: INSERT LEGAL DESCRIPTION HERE WHEN AVAILABLE The easement is more particularly described on the attached Exhibit(s) which by this reference are made a part hereof. The GRANTOR agrees: (1) To construct and maintain the sidewalk and plaza areas 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 sidewalk and plaza areas and land appurtenant thereto as the City reasonably deems necessary. 2 The GRANTOR warrants 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 GRANTOR. 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. DATED this day of , 20 . GRANTOR: BANGTAIL PARTNERS, LLC By:_________________________________ Its: _________________________________ 3 STATE OF_______________) : ss County of ________________) On this ____ day of ___________________, 2019, before me the undersigned, a Notary Public for the State of _____________________, personally appeared, ___________________, known to me to be the ____________________________ of BANGTAIL PARTNERS, LLC and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of BANGTAIL PARTNERS, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of____________ ___________________________________ (Printed Name) Residing in My Commission Expires ______/ /20 ACCEPTED: _________________________ CITY OF BOZEMAN by _______________________ City Manager ATTEST: _______________________________ City Clerk 4 STATE OF MONTANA ) ) ss. County of Gallatin ) On this ______ day of ___________________, 20 , before me, 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 for 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. 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 of Montana ___________________________________ (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20