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Shallav Vanoa-Gallatin Cc MT MISC 19.00
PEDESTRIAN ACCESS EASEMENT
This Easement agreement, made this 3 t day of July, 2002, by and between
Roger H. Smith and Rosalind I. Smith, 2305 Durston Road, Bozeman, MT 59718,
hereinafter called " Grantors" and the City of Bozeman at 411 E. Main, Bozeman, MT
59715, a municipal corporation, hereinafter called "City".
RECITALS
WHEREAS, the Grantors are the owners of Remainder Lot 1 of Annie Subdivision Phase
II according to the official plat on file in the records of the CIerk and Recorder Gallatin
County, Montana, and situated on the following described real property is a 20' wide
pedestrian access hereinafter described on "Ex. A" attached hereto and incorporated
herein by reference.
WHEREAS, the City retains a right —of- way, which extends from Durston Street
to the Grantor's property lines described on Ex. A., attached for pedestrian access.
NOW, THEREFORE, the Grantor's, for and in consideration of the facts above
recited and of the obligations herein contained, do hereby grant and convey unto the City
and its assigns an irrevocable and perpetual easement in, to, over and upon the lands
described above for pedestrian ingress and egress. The Grantor's and City agree as
follows:
1. The easement herein created includes the right to use the easement and
such land appurtenant thereto, which is necessary or convenient for the exercise of this
easement.
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Shelley Vance—Gallatin Cc MT MISC 19.00
2. The Grantor's further agree to allow the City to make any and all inspections of
the easement and land appurtenant thereto, as the City reasonably deems necessary.
3. The easement shall run with the land and be dully transferable and
assignable in connection with the sale or other transfer of land appurtenant thereto and
shall be binding upon the heirs, successors and assigns of the Grantor's and the City.
IN WITNESS WHEREOF, the parties hereto have executed this easement.
DATED this 1 day of July, 2002.
GRANTORS
fe,
ROG H. MITH
R SALIND I. SMITH
STATE OF MONTANA )
):ss
County of Gallatin )
ON this rr
y�day of U l 2002, before me the undersigned, a
Notary Public for the State of Montana. Per onally appeared Roger H. Smith and
Rosalind I. Smith, know to me to be the persons whose names are subscribed to the
within instrument, and acknowledgment to me that they executed the same.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official
seal the day and year first above written.
( Seal) ?
t ublic for the State of Montana
(Print Name)
Wr Residing in d 2� {ltiaz ,.� fill
My Commission expires:` - 0 0 3
F
i
EXHIBIT
A 20' WIDE ACCESS EASEMENT ACROSS A
REMAINDER PORTION OF LOT 1, ANNIE �'°�°°°" "`" SA
""
SUBDIVISION PHASE 11
AMWn
SCALE: 1"=100'
OND ULC at Racm M ,
Beginning at a point on the north right—of—way „S
line of Durston Road which bears N87'09'45"E a
distance of 1369.56 feet from the 1/4 corner AMAW- 1=AWE
common to Sections 2 and 11, T2S, R5E,
P.M.M., City of Bozeman, Gallatin County,
Montana; thence N09'47'01"W a distance of
159.80 feet and N05'14'29"W a distance of
103.80 feet to a point on the south line of ,��
Annie Subdivision Phase IIIA; thence along said r's
+
south line N89'15'17"E a distance of 20.06 feet
to a point on the west line of Lot 1, Block 14,
of Annie Subdivision Phase I; thence along said
west line S05'14'29"E a distance of 101.43 feet
and S09'47'01"E a distance of 162.19 feet to a
point on the north right—of—way line of Durston VICINITY MAP NTS
Road; thence along said right—of—way line
S89'15'17"W a distance of 20.25 feet to the
Point of Beginning.
Ah?NZ.1� ISO P N8975"1rE
20.
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ATr M SUMMON PEASE U 2U'--MADE PUBLIC
ACCESS EASEMENT z y
0
POINT OF BEGINNING
N87V9'45 E S8975'I rW
1369.56' 20.25'
lJURSTON STREET
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Shelley Vance—Gallatin Co MT MISC 18.00