HomeMy WebLinkAbout23 - Easement Type Unknown - DK Martinen, LLC - Westlakes Fourth Subdivision, Lot 1,Block 1, Lot 2, Blo I46turn to:
OR, of Bozeman City Clark r� 2812887
Pb Box 1230 Page: 1 of 4 10/10l2023 04:27:00 PM Fee: $32.00
8M an, M .5.9771-1230 Eric Semerad - Gallatin County, MT MISC
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PUBLIC ACCESS EASEMENT
DK Martinen,LLC., GRANTOR(S), in consideration of one dollar($ 1.00) and for other
and valuable consideration,receipt of which is hereby 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, a public access easement for a sidewalk for the
use of the public in, through and across a 7 feet wide strip of land situated in Gallatin County,
Montana,which is located on the following described property:
A strip of land located in a portion of Lot 1, Block 1, and Lot 2, Block 1, Westlakes
Fourth Subdivision, lying within the East Half of Section 1, Township 2 South, Range 5 East of
the Principal Meridian Montana, County of Gallatin, State of Montana.
The easement is more particularly described on the attached Exhibit(s) which by this
reference are made a part hereof.
The GRANTOR(S) agrees:
(1) To construct and maintain the sidewalk 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 sidewalk and land appurtenant
thereto as the City reasonably deems necessary.
2812887 Page 2 of 4 10/10/2023 04.27.00 PM
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 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 of this easement shall extend to and be binding upon the heirs,
executors, administrators,personal representatives, successors and assigns of the parties hereto.
DATED this I W-1"2 day o#5,�= 023.
GRANTOR:
By: 4
DK Marti en, LLC., rantor
Kay H Martinen, Authorized Agent
CORPORATE
Ufa31-6 C,
STATE OF )
� - ) ss.
County of G
On this_7day of 2023,before me the undersigned, a Notary
Public for the State of ersonall�appeared, Kay H Martinen,known to me to be the
Authorized Agent of DK MMMM:tLC. 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
DK Martinen, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
`�e�111111f����
VALF�
(SEAL) .` O•:•M. EXP r•;�'i ��
NOTARY
i PUBLIC :p
1iOP
�%�WAS``
11
2812887 Page 3 of 4 10/10/2023 04.27.00 PM
Notary Public for the State
(Printed Name) C
Residing in 1;0 Xle
My Commission E"pires t 0- /
ACCEPTED:
. t3F C F
g.:••••.. •:% by
V:.
'•.� Ci ager
ATTEST:
City Clerk �'•�•• ••••' ••�
®. Mo���
STATE OF MONTANA )
) ss.
County of Gallatin )
On this I day o 2023,before me, a Notary Public for the
State of Montana,personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be
the City Manager and City Clerk for 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 on
the day and year first above written.
(SEAL)
JULIE HUNTER
``�J���"'Nrc�p Notary Public
No ry P lic for the Sta of Montana _ :�oTna1 y�. for the State of Montana
Residing at:
ANI9.SEAL P=Q;= Bozeman, Montana
(Printed Name) Mod, My Commission Expires:
June 11, 2025
Residing at Bozeman,Montana
My Commission Expires:�L�0z
2812887 Page 4 of 4 10/10/2023 04.27.00 PM
EXHIBIT A
PEDESTRIAN EASEMENT
LOTS 1 AND 2, BLOCK 1, WESTLAKES FOURTH SUBDIVISION,
LOCATED WITHIN THE EAST HALF OF SECTION 1,
TOWNSHIP 2 SOUTH, RANGE 5 EAST OF THE P.M.M.,
COUNTY OF GALLATIN, STATE OF MONTANA
NORTH
0 50 100
GRAPHIC SCALE IN FEET
FOUND 5/8"REBAR
WITH 1-1/2"YPC
"C&H ENGR 9518ES" FOUND 5/8"REBAR
WITH 1-1/2"YPC
/ "C&H ENGR 9518ES"
rn
c�
S88044'24"E
7.00'
i 1
LOT 1, BLOCK 1
(REMAINDER) — — —
LO m cr° WESTLAKES FOURTH
Mm SUBDIVISION
w w co 4 1
,
co M0
0 1
M LO U)
0 o
Z z
7,353 SQ.FT. 60'
0.169 AC
Lu �.
Q �
❑ O
FOUND 5/8"REBAR FOUND 2"ALUM.CAP
BENT 1 STAMPED"RW ALLEN"
Z
1 1 N88°17'59"W 294.60' — — —
0
N88°48'39"W Co
7.00'
NTA' LOT 2, BLOCK 1 COTTON
............... WESTLAKES FOURTH WOOD ST
SUBDIVISION (60 R.O.W.)
D EN R 1
WOLTERSTORFF `:
No, 9148LS
EN$��• BEARINGS ARE BASED ON
...........
•'''•.AND S,,, 'f MODIFIED MONTANA STATE
PLANE GRID BEARINGS.
CERTIFICATE OF SURVEYOR:
I, DARREN R. WOLTERSTORFF, DO HEREBY CERTIFY THAT THIS LEGEND
EXHIBIT WAS SURVEYED BY ME, OR UNDER MY SUPERVISION, AND YPC=YELLOW PLASTIC CAP
THAT THE INFORMATION SHOWN HEREON IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE
DATED THIS ���' Y7a OF M "11-207—? .
�:) ,-=J,—) ;�rj-4z-—
M REN R. EGI ON N .29 Kimley))) Horn
MONTANA REGISTRATION NO.29148LS
6200 S SYRACUSE WAY,#300 Tel.No.(303)228-2300
GREENWOOD VILLAGE,COLORADO 80111 www.kimley-horn.com
Scale I Drawn by Checked by Date Project No. Sheet No.
V=100' CAD DRW I Aug.2023 090071002 1 1 OF 1