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HomeMy WebLinkAbout20- Public Access Easement - Billings Clinic - Billings Clinic Master Site Plan Project After Recording, To: City ofBoze 121 Ro Ave. B man MT 59715Return to! PL,4TTED �� City of S{:,zeman 2716623 Cifi " Ergc Semerad - Gal latin�Cou21 04Y16MT7 PM Fee M$58.00 P .-r 0 �������,����� IIIIII IN 1111111111111111111111 III 1//11111 (AT 59771-1230 PUBLIC ACCESS EASEMENT Billings Clinic, a Montana Nonprofit Corporation, P.O. Box 37000, Billings MT 59107, GRANTOR, in consideration of S 1.00 and for other valuable consideration, receipt of which is 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, its successors and assigns, a non-exclusive public access easement for a multi-use path for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, 30 feet wide, to be located on the following described real property: Lot 2A-1 of Minor Subdivision 221F, according to the official plat on file in the office of the clerk and recorder of Gallatin County, Montana, under Document No. 2674267. This easement is more particularly described on the attached Exhibit A,which by this reference is made a part hereof. 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 subject to other easements, covenants and restrictions of record. GRANTOR retains the right to utilize the easement area and to grant use rights to others in GRANTOR's sole discretion. The GRANTEE will not unreasonably interfere with GRANTOR's use and operation of, and access to, GRANTOR's property. 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 terins, 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 thisaday of Loxawt 6 2r- , 20 . P:15063_02\1jega1\Pub Acc Easement Sdwk.docx 1 11/25/20 mdb/bc GRANTOR: BILLINGS CLINIC, A MO TANA NONPROFIT ORP RAT ON By: Title: V C'w TPsil- k kc(I /t�SJJVI&13 STATE OF MONTANA ) :ss County of ) On this_day of N(,�2-W b-t-V , 20:A c , before me the undersigned, allotary Public for the State of Montana,personally appeared �''i known to me to be the�11;�� ��i e,, !_L ,.t ,.y4 �,/;I i l:, y , of Billings Clinic, a Montana Nonprofit Corporation, 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 Billings Clinic. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. A J41, ( Notary P lie for the State of Montana tP44Y cFo BRITTANY CECIL ��ptAR/q� NOTARY PUBLIC for the State of Montana SE/4L . Residing at Billings,Montana My April 066 2Comissio02pines P:15063_02\Legal\Pub Acc Easement Sdwk.docx 2 11/25/20 mdb/bc ACCEPTED: CITY OF BOZEMAN By: 6Xiy Vinager ATTEST: City Clerk , �, = • t'� STATE OF MONTANA ) :ss County of Gallatin ) On this day of , 20Z/,before me, 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, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written HEATHER OE_N`- =NUt:+ E", Ery; Notary�ubllc t��eRI fe`'the S-"'$ A e".n `"'�''� otary Public for the State of Montana Bozemi •�ntarra�; Nay Commission2?•i� January P:15063_02\Legal\Pub Ace Easement Sdwk.docx 3 11/25/20 mdb/bc EXHIBIT A PUBLIC ACCESS EASEMENT WITHIN LOT 2A-1 OF MINOR SUB. 221 F PREPARED FOR BIWNGS CLINIC OCTOBER, 20�O PREPARED BY SANDERSON STEWARTO BOZEMAN. MONTANA 30.00' NORM / SCALE:I•=2W 1-7 ssa>'• PUBUC STREET `�9• & UTIuTY EASEMENT `�9� • F �EXISTING 10' WIDE UTIUTY EASEMENT \ \ s3s78'ao'w 30.00' I \ / ICI � ~I UTILITY EASEMENT I I I Lt I I I S II I I I I II I I I II �pNTANq MICHAEL DEAN BERTRAM o 18972LS 4, D6e�talam a adb cno n a D C•I1O Michael Dea am E. mram a sawan.am. d eri,CN.Michoel a Be Data:2020.12.02 09:16:58-07'00' 15063_02_EASEMENT_BASE.DWG 15M.02 10/28/20 MDB