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HomeMy WebLinkAbout21- Public 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 PLATTED 2742261 Page: 1 of 3 07/21/2021 10:45:46 AM Fee: $24.00 Eric Semerad - Gallatin County MT MISC ��������IN III 111111111111111111 PUBLIC 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 for the use of the general public over and across the following described real property (that easement, the "Easement"; the following real property,the "Land"): Common Open Space Lots 1-8 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 J-691 And The strip of real property described and depicted 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(the "Plat") as "Public Access Esmt.". THE GRANTEE AGREES THE EASEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS, TERMS AND RESTRICTIONS: (1) Ingress and egress to the Land may occur only through existing public roads, infrastructure, paths, or trails; and (2) Access to the Land is for pedestrian traffic and non-motorized traffic only except(i)the Bridger View Owners Association(the "Association"), or its successors or assigns, may adopt regulations limiting parts of the Land to pedestrian-only traffic, (ii)this restriction does not apply to the Owner Parties; and (iii)motorized vehicles and equipment necessary to fulfill maintenance obligations are permitted. 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. DATED this day of 1",- , 2021. GRANTOR: Headw ters Co unity Housing Trust, Inc. By: �— Name: M lz-N1\6- r;VtYv Its: ,(,tllgE V1K6 T& STATE OF MONTANA ) ss. County of Gallatin ) On this �day of , 2021, before me the undersigned, a Notary Public for the Mate of Montana, personally appeared, 4 c �� < i �.a��_ , known to me to be the�,t,--aite 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) Notary Public for the St to of Montana NOTARY_G PUBLIC for the /hpTARi,�• i 5 E AL STATE OF MONTANA Residing at Belgrade Montana (Printed N e %'"• ;� My Commission Expires ^�n October 29,2022 Residing in My Commission xpires i( /.ate/20:ZQ DATED this day of J y KA- , 2021. GRANTEE: CITY OF BOZEMAN, MONTANA (Z)4 71j" f- / JVQ41HELICH, City Manager ATTEST: MIKE MAAS, City 1 ,ram•�•'�•� STATE OF MONTANA ) �Q• nz©�'`� ) ss. County of Gallatin ) On this 1 day ofJhhv-, 2021 , before me, a Notary Public for the State of Montana,personally appeared JtFF 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. "�AE HEATHER BIENVENUE ``���� l • F , Notary Public 4Ri '�� for the State of Montana _ q� m- Residing at: * -•- *_ v �N�;,S]EAL.�Q Bozeman, Montana -? oF Mod? My Commission Expires: Aflz"- January zs, zozz Notary Public for the State of Montana (Printed Name) Residing at Bozeman, Montana My Commission Expires: _/ /20