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HomeMy WebLinkAbout23 - Easement Type Unknown - DK Martinen,LLC - Westlakes Fourth Subdivision, Lot 2 Block 1 fMum to: �O^`1 [���f g{t���zeman 2812890 Ppp'� 01tr • Pase: 1 of 4 10/10/2023 04:27:00 PM Fee: $32 00 Box 1 230 Eric Semerad - Gallatin County, MT MISc llgi-man SAY 59771-1230 1 MIN IIIIII III fill IIIIIII 111111 II1111111111111111111111111111111111111111111111111 PUBLIC ACCESS EASEMENT DK Martinen, LLC., GRANTOR(S), in consideration of$ 1.00 and for other and valuable considerations,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 driveway and parking area for the use of the public in, through, and across a 24 feet wide strip of land situated in Gallatin County,Montana, which is located on the following described property: A trip of land located in Lot 2, Block 1,Westlakes Fourth Subdivision, lying within the East Z1of Section 1,Township 2 South, Range 5 East of the Principal Meridian Montana, County of Galla kn, State of 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: (1) 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 2812890 Page 2 of 4 10/10/2023 04.27.00 PM 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 4 day of , 2023. GRANTOR(S) By: DK Martin n,LL '., Grantor Kay H Martinen,Authorized Agent rmky&-: -- STATE OF ) ss. County of 69496" ) On this day of �.P�i�, 2023,before me the undersigned, a Notary Public for the State of �artlen, ally appeared,Kay H Martinen,known to me to be the Authorized Agent of DC., 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. (SEAL) =� NQTAR Notary Public forte State of PUBLIQ (Printed Name) p ••.....•• �� Residing at 6A c-r''-�- ��i� ,W;S A'%%%% My Commissio expires 1.1 _l ��/20 YO ACCEPTED: CITY OF BOZEMAN by City Manager 2812890 Page 3 of 4 10/10/2023 04:27:00 PM ACCEPTED: OF BO � CIT F Z ��• �•'•.� By * = City r ATTEST: -� 1 Gam- W. 1gg�.`••'.��� City Clerk co, MOr STATE OF MONTANA ) ) ss. County of Gallatin ) On this��day of f , 20V, 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 seal on the day and year first above written. J�)E HUlyT ,,,' JULIE HUNTER p , Notary Public : oTAR�,44. =,for the state of Montana (SEAL) _*: *= Residing at: N�- SEAG..Q- Bozeman, Montana My commission Expires: .,,,.OF MO ,.�• June 11, 2025 o Pub is for the Sat of Montana w ►� (Printed Name) Residing at Bozeman, Montana I c My Commission Expires:( (�/j_/2o2 2812890 Page 4 of 4 10/10/2023 04.27.00 PM EXHIBIT A PUBLIC ACCESS EASEMENT LOT 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 LINE TABLE N; • NO. BEARING LENGTH �0 A L1 N01°11'21"E 46.85' W _ \ * L2 S88°51'58"E 24.00' Q d — — } D RE R p p WOLTERSTORFF L3 S01°11'21"W 23.37' No. 9148LS = H 0 '••'�p�. CENS�•• � SAND SV• '' •' LOT 1, BLOCK 1 (REMAINDER) WESTLAKES FOURTH SUBDIVISION 60' FOUND 5/8"REBAR FOUND 2"ALUM.CAP jENk STAMPED"RW ALLEN" 8°17'59"W 294.60' S1°11'17"W 20.75'(TIE) S88°48'39'E 304.22' — FOUND 5/8"REBAR 0 WITH 1-1/2"YPC o "C&H ENGR 9518ES" N88048'39"W 328.22' S1.50' "W CO 23.50' — � - 8,274 SQ. FT. I 0.190 AC COTTON WOOD ST LOT 2, BLOCK 1 (60' R.O.W.) WESTLAKES FOURTH SUBDIVISION FOUND 5/8"REBAR FOUND 5/8"REBAR WITH OBLITERATED YPC WITH 1-1/2"YPC "C&H ENGR 9518ES" I t LEGEND CERTIFICATE OF SURVEYOR: YPC=YELLOW PLASTIC CAP I, DARREN R. WOLTERSTORFF, DO HEREBY CERTIFY THAT THIS EXHIBIT WAS SURVEYED BY ME, OR UNDER MY SUPERVISION, AND BEARINGS ARE BASED ON MODIFIED THAT THE INFORMATION SHOWN HEREON IS TRUE AND CORRECT MONTANA STATE PLANE GRID BEARINGS. TO THE BEST OF MY KNOWLEDGE. DAATED THIS �4- DAY OF A20 Z3. \DARREN R.WOLTER ORFF,PLS MONTANA REGISTRATION NO.29148LS Kimley* Horn 6200 S SYRACUSE WAY,#300 Tel.No.(303)228-2300 GREENWOOD VILLAGE,COLORADO 80111 www.kimley-hom.com Scale Drawn by Checked by Date Proiect No. Sheet No: 1"=100' CAD DRW I Aug.2023 090071002 1 OF 1