HomeMy WebLinkAbout011 Public Access EasementPUBLIC ACCESS EASEMENT
MITCHELL DEVELOPMENT & INVESTMENTS. LLC, GRANTOR(S), in consideration of $
1.00 and for other and valuable considerations, receipt ofwhich is hereby acknowledged, grants
to The City of Bozeman, a Municipal Corporation of the State of Montana, with offices at l2l
North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, a public access easement for a
sidewalk located outside of dedicated ROW for the use of the public in, through, and across a
piece of land as desøibed below situated in Gallatin County, Montan4 which is located on the
following described property: LOT 2 AND OPEN SPACE lA OF BOZEMAN GATEWAY
SUBDIVISION PHASE 5 SITUATED IN THE NORTHWEST ONE- QUARTER OF SECTION 14
AND THE NORTH EAST ONE-QUARTER OF SECTION 15, T2S, R5E, P.M.M. CITY OF
BOZEMAN, GALLATIN COTJNTY, MONTANA
The easement is more particularly described on the attached Exhibit A which by this
reference is made a part hereof.
The GRANTOR(S) agrees:
( I ) To construct and maintain the driveway and parking area 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 driveway and parking area 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(S) 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 ofthis easement shall extend to and be binding upon the heirs,
executors, administrators, personal representatives, successors and assigns ofthe parties hereto.
DATED this Z(Tay of ınnt 20_LL.
, Mitchell Development & Investments,
LLC by its Manager, Prairie Winds
Management, LLC
STATEOFMONTANA )
):ss
County of Gallatin )
onthis 21þ. aayot Lr.n¡,-,20-Lbeforemetheundersigned, aNotary
Public for the State of Montana, personally appeared Theodore J. Mitchell . known to
me to be Manager of Prairie Winds MagagcmcnLl-I-e 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 Mitchell Development & Investments. LLC.
WITNESS WHEREOF, I have hereunto set my hand and affìxed my Notarial Seal the
Notary Publ for State of Montana
(Printed
Residing at
My Commission expires
SEAL
YNOIAR PUBLIC for theOFSTATE
¡n Grca¡
t,
I
ACCEPTED:
CITY OF BOZEMAN
by
City Manager
ATTEST:
City Clerk
STATE OF MONTANA
County of Gallatin
)ss.
)
On this day of 2_, before me, a Notary Public for
the State of Montanq personally appeared JEFF MIHELICH 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 subsøibed 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)
Notary Public for the State of Montana
(Printed Name)
Residing ^tMy Commission Expires _J____J20_
EXHIBIT ASHOWING A PUBLIC ACCESS EASEMENT ACROSS LOT 2 AND OPEN SPACE 1A OF BOZEMAN GATEWAYSUBDIVISION PHASE 5, SITUATED IN THE NWl/4 OF SECTION 14 AND THE NEI/4 OF SECTION 15, TOWNSHIP 2SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA"È{scáÈ.id {';d,r&þd*N37"43',36'E 7.1R=469.52'L=12.23'A=1'29'33"cHD 519"09',43"E CHD 12.23',N78"23'28"EJPOINT OF BEGINNINGN72'55'00'EcHD S77"32'59',W CHD 19.28'PROPOSED 10.00'SIDEWATKEASEMENT AREA945.8 SF (0.022 AC)\lts78'23'28"WBO\JLÉVARD\NEsT45.00'DEDICATEDROW10.51fECHNOLOGYmtr0{20=F-'¡1O,OO'PUE TO BECREAIED WPHASE 5FINAL PLAÏ15.00'MSUEASEMENTðKnwwhats bd(N.Call bobæ yfl dig.iIIltIMMn e #;:::î"f.",'tr*'SIfE A. ÊVERHOME HOIELoPUBLIC ACCESS AND UTILIil EASEMENTEXA