HomeMy WebLinkAbout23 - Easement Type Unknown - DK Martinen,LLC - Westlakes Fourth Subdivision, Lot 1 Block 1 My of to:
2812889
��� ®p�f`�ozeman
`Oily l�lork Page: 1 of 4 10J10/2023 04:27:00 PM Fee: $32.00
7Y Eric Semerad - Gallatin County, MT MISC
AtMmn� MT 59771-1230
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 multi-use path
for the use of the public in,through and across a 25 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,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 "A"which by this
reference are made a part hereof.
The GRANTOR(S) agrees:
(1) To construct and maintain the multi-use path 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 multi-use path 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,
2812889 Page 2 of 4 10/10/2023 04.27.00 PM
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 l day o 12023.
GRANTOR(S)
By:
DK Martin n, LLC.
Kay H Martinen,Authorized Agent
STATE OF MM )
ULc' - ) ss.
County of
On this dayof ,2023,before me the undersigned, a Notary
Public for the State of10artMeTrUC.,
onally appeared,Kay H Martinen,known to me to be the
Authorized Agent of and the person whose name is subscribed to the within
instrument and acknowledged to me that she 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.
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Notary Pub "-'for th ate of-iv4 16 - WA SH\\N
(Printed Name)
Residing in _
2812889 Page 3 of 4 10/10/2023 04.27.00 PM
U�
My Commission Expires
ACCEPTED:
OF L� CITWOFBy nager
- eZ
ATTEST: _ r
City Clerk °o• M�13
STATE OF MONTANA )
) ss.
County of Gallatin )
On this day of ,20 23,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 av and year first above written.
JULIE HUNTER
,'JJE HUiyT� Notary Public
:',ZkoTARigj. for the State of Montana
* SEAL *= Residing at:
uj•, Bozeman, Montana
My
9 commission Expires:
''t . June 11,2025
Not Pu li r e State of ontana
(Printed Name)
Residing at Bozeman,Montana
My Commission Expires: _/_IL _/2026
2812889 Page 4 of 4 10/10/2023 04.27.00 PM
EXHIBIT
PEDESTRIAN EASEMENT
LOT 1, 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
F— FOUND 5/8"REBAR
FOUND 5/8"REBAR WITH 1-1/2"YPC
WITH 1-1/2"YPC M "C&H ENGR 9518ES"
"C&H ENGR 9518ES" rn
0 o
0 0
S88052'32"E 294.11'
N 1°15'36"E S 1°11'17"W
25.00, 25.00'
N88052'32"W 294.14'
7,353 SQ.FT.
0.169 AC
LOT 1, BLOCK 1
(REMAINDER) b I
o WESTLAKES FOURTH
m cyi
co SUBDIVISION M
60,
Q � I
DO
FOUND 5/8"REBAR FOUND 2"ALUM.CAP cl�
BENT STAMPED"RW ALL EN"
Z
N88°17'59"W 294.60' — —
0
co
o
LOT 2, BLOCK 1 F-j- — —
WESTLAKES FOURTH COTTON
SUBDIVISION WOOD ST
(60' R.O.W.)
014TAN•.
AIR R
A
WOLTERSTORFF
No 29148LS
BEARINGS ARE BASED ON
NSPI
...........•� MODIFIED MONTANA STATE
.SAND S 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 �� D 20z3--.
DA REN R.WOLTERSTORFF,PLS Kimlpy* Horn
MONTANA REGISTRATION NO.29148LS6200 S SYRACUSE WAY,#30 Tel.No.(303)228-2300
GREENWOOD VILLAGE,COLORADO 80111 www.kimley-horn.com
Scale Drawn by Checked by Date Project No. Sheet No.
1"=100' CAD DRW Aug.2023 090071002 1 OF 1