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HomeMy WebLinkAbout21- Emergency Access Easement - Headwaters Community Housing Trust, Inc. - Bridger View PUD J-691 After recording return to: City of Bozeman City Clerk's Office PO Box 1230 Bozeman MT 59771 PLATTE 2742263 Page: 1 of 4 07/21/2021 10:45:46 AM Fee: $32,00 Eric Semerad - Gallatin County, MT MISC 1111111 IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII EMERGENCY ACCESS EASEMENT Headwaters Community Housing Trust, Inc., a Montana nonprofit corporation (the "Grantor"), for good and valuable consideration, hereby grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715 (the "Grantee"), and the Grantee's successors and assigns, a perpetual nonexclusive easement 25 feet in width for the benefit of the Grantee and emergency service providers to give them, their vehicles, and their personnel emergency ingress and egress to the Land (as defined below)to provide, fire and police protection, ambulance services, rescue services, and other similar lawful governmental or private emergency services in, through, and across portions of land located on the following described real property (that easement, the "Easement"; the following real property, the "Land"): A tract of land being known as the Bridger View P.U.D. Subdivision, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana filed in Book_, Page , records of Gallatin County Montana. J-691 The locations of the portions of Land comprising the Easement areas are identified on the official plat of the Bridger View P.U.D. Subdivision on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana filed in Book Page , records of Gallatin County Montana as "Emergency Access Esmt." THE GRANTEE AGREES: (1) The grant is not a dedication of any right-of-way, streets, or roadways to the public. THE GRANTOR AGREES: (1) Grantor warrants that it owns the Land and has the right to grant the Easement thereon. (2) Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by Grantor. The terms, covenants and provisions of this instrument shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. (3) To construct and maintain the driveway and parking area at Grantor's own expense in accordance with relevant City of Bozeman Ordinances, including but not limited to, snow removal and all major and minor repair work. (4) To allow the City of Bozeman to make any and all inspections of the driveway and parking area and land appurtenant thereto as the City of Bozeman reasonably deems necessary. [Signature pages follows] DATED this day of C , 2021. GRANTOR: Headwilafers Community Housing Trust, Inc. By: WV�44--`� Name: M ITIA W'1, ft- Its: VE L3EEC -7 STATE OF MONTANA ) ss. County of Gallatin ) On this I t.c day of c , 2021, before me the undersigned, a Notary Public for the State of Montana,personally appeared, �1 c �.< , known to me to be the ('��� i; i ,t of Headwaters Community Housing Trust, Inc., 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 Headwaters Community Housing Trust, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notdy Public for the State of Montana MEAGAN BROWN WI „aGG✓ /NQTAF/�l1 'a SOTAAR OFUBLIC for the I ;SEAL ' MONTANA r Resid ng at Bel de, `^—• My Commission Expires (Printed Name) �"r• pires -- October 2� 9 2 Residing in V � ,: C„LJL My Commission Expires / ,v> /20 DATED this day of J In2 , 2021. GRANTEE: CITY OF BOZEMAN, MONTANA HELICH, City Manager ATTEST: MIKE MAAS, City Clerk 9�j.1883,•...� ,t STATE OF MONTANA ) ss. County of Gallatin ) On this day of , 2021 , before me, a Notary Public for the State of Montana, personally appeared FF 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 seal on the day and year first above written. E HEATHER RIENVENUE Notary Pudic ,�pTnR/g4.m'_for the State of Montana *: — Residing at: .N,.SEAA L,_ Bozeman, Montana M `9P` Y Commission Expires: OFM0 January 26,2022 T4tary Public for the State of Montana (Printed Name) Residing at Bozeman, Montana My Commission Expires: _/ /20