HomeMy WebLinkAbout22- Public Street and Utility Easement - SD Baxter MT, LLC - Completion of Improvements to Cottonwood Road - Oak to Baxter and the Cottonwood Baxter RoundaboutReturn to:
City of Bozeman
P.O.Box 1230
Bozeman,MT 59771-1230
2793483
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PUBLIC STREET AND UTILITY EASEMENT
SD Baxter MT,LLC,2639 Professional Cir,Ste 101,Naples,FL 34119,GRANTOR,in
consideration of $1.00 and for other and 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 perpetual street and utility easement for the use of the public,in,through,and
across land situated in Gallatin County,Montana,as described on the attached Exhibit EXHB-3
which by this reference is made a part hereof.Such easement is labeled PROPOSED R/W on the
exhibit.
The GRANTOR states that itowns the real property described above and that ithas a
lawful right to grant an easement thereon.By the granting of this easement,GRANTOR does
not assume any liability for GRANTEE and the public's use thereof and specifically disclaims
any implied warranties,including the warranty of fitness for a particular purpose.GRANTEE is
solely responsible for any wetlands,wetland permitting or wetland impacts located within the
easement or in connection with the use thereof.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTOR.
The terms,covenants,and provisions of this easement shall extend to and be binding
upon the members,administrators,personal representatives,successors,and assigns of the
parties hereto.
Page 1 of 3
ACCEPTED:
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...--···~··..C 1ager
ATTEST:
City Clerk co.9
STATE OF MONTANA )
)ss.
CountyofGallatin )
On this \h day of 99CffTlY)f f ,2012,before me,a Notary Public for
the State of Montana,personally appeared JEFF MlHELICH 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.
(SEAL)
No P ic for the State of Montana
"""',TAYLOR CHAMBERS
952's Notary Public (Printe am
o for the State of Montana
Residing at -LeXY\M-sesiding at.
.SEAL
*
Bozeman,Montana My Commission Expires O_L/2 /20_25
Page 3 of 3
DATED this day of Ocroem ,20 W
By:AlíF/2
Grantor (SD Baxter MT,LLC)
STATE OF MONTANA )
):ss
County of Gallatin )
On this 2 day of De4odu ,2039,before me the undersigned,a Notary
Public for the State of Montana,personally appeared %c ca.c 6½g ,known to
me to be CaraM,y of SD Baxter MT,LLC 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 S o po,,i.ac mT ,LLC
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
7""CYNTHIA M EDGMOND
.·.Notary Public
oTAR/4 IOr the State of Montana
·SËÃL soze Mo tana
Notdry Public for the Sta f Montana My Commission Expires:
(Printed Name)
Residingat 1307eman Mv/1+rmo
My Commission expires Dm ,nw.-/og /20A
Page 2 of 3
--MATCH N -EXHB-2
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