HomeMy WebLinkAbout21- Public Access Easement - Cottonwood Project, LLC - Cottonwood Subdivision PLATTED 2731874
Page: 1 of 5 04/30/2021 01:48:25 PM Fee: $35.00
Eric Semerad - Gallatin County, MT MISG
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City of Bozeman
City Clerk PUBLIC ACCESS EASEMENT
PO Box 1230
Bozeman, MT 59771-1230
Cottonwood Project, LLC - 3112 LOS FELIZ BLVD, LOS ANGELES, CA 90039-150,
GRANTOR(S), in consideration of one dollar($ 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 sidewalk for the use of the public
in, through and across a strip of land situated in Gallatin County, Montana, which is located on
the following described property: Lot 2, Block 3 and Lot 1, Block 5 of Cottonwood
Subdivision.
The easement is more particularly described on the attached Exhibits A and B which by
this reference are made a part hereof.
The GRANTOR(S) agrees:
(1) To construct and maintain the sidewalk 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 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.
DATED this �� day of�1 G((a,�, 20�.
GRANTOR: Cottonwood Project, LLC
BY: 69
TITLE:
STATE OF W.JaNTANA )
ss.
County of gWJeTn Ar&-- )
On this �"'day of M Rf 0\ , 20-It--, before me the undersigned, a
Notary Public for the State of personall appeared, G GkS" I.y N GV-. ,
known to me to be the U40 G�1(xi jLl of
and the person whose name is subscribed to the within instrument and acknowle ged to me that
he executed the within instrument for and on behalf of C o kto N\A,0 o d, V n 1 , L LC .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
MARGARET HUNT
Notary Public-State of Idaho
(SEAL) Commission Number 201920b9
My Commission Expires Oct 4, 2025
Notary Public for the State of Yo-�a ldl~ho
Mato ky--- K
(Printed Name)
Residing in 130)f, l�
My Commission Expires /20 T(I
ACCEPTED:
CITY OF BOZEMAN
BY
Q�
ATTEST: V..
•. ,� City ber
City Clerk 188
STATE OF MONTANA )
ss.
County of Gallatin )
On this r day of , 20 �, 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 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 seal on the day
and year first above written.
(SE L) 99
���Ea aiF�� , HEATHER SIENVENUE
oTaRi •Z: Notary Public r N q< m_tor the State of Montana
_*; __
,P,.SEAS,• Q Residing at,
v ?s Bozeman, rviontana
otary Public for the State of Montana ' of MC�'a" My Commission Expires;
January?6, 2022
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20
EXHIBIT A
EASEMENT A - DESCRIPTION
A Public Sidewalk Easement located on a portion of Lot 2, Block 3, Cottonwood Subdivision Phase 1 &2,
Document No. 27)_�,jC!; , in the Office of the Gallatin County Clerk and Recorder, located in the
northwest quarter of Section 15, Township 2 South, Range 5 East, Principal Meridian, Montana, City of
Bozeman, County of Gallatin, State of Montana, being more particularly described as follows:
Beginning at the southwest corner of said Lot 2, said point also being on the easterly right-of-way line of
Cottonwood Road and the northerly right-of-way line of Loyal Drive; thence along the westerly line of said
Lot 2 and said easterly right-of-way line, NO°05'02"W, 10.00 feet; thence N89°54'58"E, 25.86 feet; thence
S67°24'59"E, 25.95 feet to a point on the southerly line of said Lot 2 and the said northerly right-of-way line;
thence along the said southerly line of said Lot 2 and said northerly right-of-way line, S89°54'58"W, 49.80
feet to the Point of Beginning. Containing 378 square feet.
EASEMENT B - DESCRIPTION
A Public Sidewalk Easement located on a portion of Lot 1, Block 5, Cottonwood Subdivision Phase 1 &2,
Document No. 'Z�-2 �t?�, in the Office of the Gallatin County Clerk and Recorder, located in the
northwest quarter of Section 15, Township 2 South, Range 5 East, Principal Meridian, Montana, City of
Bozeman, County of Gallatin, State of Montana, being more particularly described as follows:
Beginning at the northwest corner of said Lot 1, said point also being on the easterly right-of-way line of
Cottonwood Road and the southerly right-of-way line of Loyal Drive; thence along the northerly line of said
Lot 1 and said southerly right-of-way line, N89°54'58"E, 51.35 feet; thence S67°24'59"W, 26.13 feet; thence
S89°54'58"W, 27.20 feet to a point on the westerly line of said Lot 1 and the said easterly right-of-way line;
thence along the said westerly line of said Lot 1 and said easterly right-of-way line, NO°05'02"W, 10.00 feet
to the Point of Beginning. Containing 393 square feet.
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cldj'</CENS
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LIVINGSTON,MT
p 406.222.0104 Lot 2,Block 3,and Lot 1,Block 5,Cottonwood Subdivision Phase 1&2 03.082021 TAG REVISION
COTTONWOOD P1 1
Cushing
Terrell o CHECKED REF SHEET SHEET NAME
Public Sidewalk Easement o BORNEMANN EX. A
EXHIBIT B
TA,, �i,� Line Table
• Ir ••• Line# Bearing Distance Existing 20' Utility Easement
�••-
• = L1 N0o°05'02"W 10.00' Per M.S. No.454
•CC=
=Qi;• 175 LS j L2 N89°54'58"E 25.86'
Pvl/ O�CE �"R- L3 S67°24'59"E 25.95'
', itAi?p` L4 S67°24'59"W 26.13' J
L5 S89°54'58"W 27.20' (J�
L6 N00°05'02' 10.00' O ��
O
L2
Found Property Corner J
and Point of Beginning S89°54'58"W 49.80'
for Easement A
�'� r•=• Existing 10' Utility Easements
OC Per Cottonwood Subdivision
x LOYAL DRIVE
60' RIGHT-OF-WAY
Q Found Property Corner
C� and Point of Beginning
for Easement B N89°54'58"E 51.35'
J V(k
L5
'J
G�
�v O
NORTH v
GRAPHIC SCALE
30 0 15 30 60
( IN FEET )
I inch = 30 1t.
LIVINGSTON,MT
p 406.222.0104 Lot 2,Block 3,and Lot 1,Block 5,Cottonwood Subdivision Phase 1&2 N 03.08.2021 TAG REVISION
Cushing COTTONWOOD_P1 1
Terrell o CHECKED BY REF SHEET SHEET NAME
Public Sidewalk Easement o BORNEMANN EX, B