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HomeMy WebLinkAboutGIBSON GUITAR PUBLIC EMERGENCY ACCESS EASEMENT_DRAFT 01-06-2021 PUBLIC ACCESS EASEMENT STORE MASTER FUNDING VI, LLC, of 8377 East Hartford Drive, Suite 100, Scottsdale, Arizona 85255, GRANTOR(S), in consideration of $ 1.00 and for other and valuable considerations, 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 within a driveway and parking area for the emergency services use by the public in, through, and across a strip of land situated in Gallatin County, Montana, more particularly described as follows and on the attached Exhibit: Across a portion of Lots 1 & 3 in Tract 4 of Gardner Simmental Plaza (J-5), located in the Southeast Quarter of Section 35, T1S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The GRANTOR(S) agrees: (1) To construct and maintain the driveway and parking area 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 driveway and parking area 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(S) 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. GRANTOR: STORE MASTER FUNDING VI, LLC By: ___________________________________ Printed Name: _____________________________ Title: ___________________________________ STATE OF_____________ ) ) ss. County of ______________ ) On this ____ day of _______________ 2021 before me, the undersigned, personally appeared ___________________________, whose identity was proved to me on the basis of satisfactory evidence to be the persons whose name is subscribed to this instrument, and acknowledged that s/he executed the same in his/her capacity as ________________________ for and on behalf of STORE MASTER FUNDING VI, 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 at: ___________________________ My Commission Expires: ____/____/20____ ACCEPTED: CITY OF BOZEMAN, MONTANA _______________________________________ City Manager ATTEST: ________________________________________ City Clerk STATE OF MONTANA ) ) ss County of Gallatin ) On this __________ day of _____________ 2021, before me, the undersigned, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman, respectively, 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 the day and year first above written. (SEAL) _______________________________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires __________________