HomeMy WebLinkAbout24 - Easement Type Unknown - Bozeman Exchange Associates, LLC - Tracy's First Addition Return to:
City of Bozeman
O Clerk
P
PO Box 1230 2840033Page: 1 of 5 11/25/2024 03:46:25 PM Fee: $40.00
Bozeman, MT 59771-1230 Eric Semerad - Gallatin County. MT MISC
111111�111 III 1 11111111�111�1111111111111111111111 III11111111111111111111IN
PUBLIC ACCESS EASEMENT
Bozeman Exchange Associates,LLC., GRANTOR(S), in consideration of one dollar($1.00)
and other good 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 feet wide strip of land situated in Gallatin
County, Montana, which is located on the following described property: _Lots 40, 41, 42, 43, 44,
45, and 46 in Block"E" of Tracy's First Addition to Bozeman, 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 snake any and all inspections of the sidewalk 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 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.
2840033 Page 2 of 5 11/25/2024 03A5:25 PM
DATED this �O day ofo6h" , 2024.
Bozeman Exchange Associates, LLC
BY: Bozeman Exchange Management, Inc
ITS: Man
BY: � �•
IZ'1 cc hc�n1 (L-t3e hnt f
(Print Name)
ITS: PrcSrdt;i4
STATE OF South Carolina )
)ss.
County of Charleston )
On this 3 )6 day of b(Aba- , 20-2AA, ,before me the undersigned, a Notary
Public for the State of South Carolina, personally appeared M qt - „ nK ,
known to me to be PMdj I of Bozeman Exchange Management, Inc
, Manager 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
Bozeman Exchange Management, Inc., Manager of Bozeman Exchange Associates, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
�N P U
(SEAL) 4P.-
�oJ AR y
Cj
t r Public fo e State of South Carolina °'�. &I/� C P�0°'�`
�c e ann rct L 1 ''---
(Printed Name)
Residing at�ihf�f'CuIJVn; Sy
My Commission expires 20�
2840033 Page 3 of 5 11/25/2024 03A5:25 PM
ACCEPTED:
. ',�=`�; CITY � EJAN
Te BY
City Manager
ATTEST: ` —•
City Clerke; '°g,+,o
STATE OF MONTANA )
) ss.
County of Gallatin )
On this 2 day of , 2024, before me, a Notary Public for the
State of Montana,personally appeared CHUCK WINN 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.
(SEAL)
Hutii' JULIE HUNTER
Fg%s. Notary Public
_ oTARiq�. for the State of Montana
* —'— *= Residing at:
No lic r the State o Monia a SEALL.
• Bozeman, Montana
o �� My Commission Expires:
baio,,,�OFM�`,�� June 11,2025
(Printed Name)
Residing at Bozeman, Mont na
My Commission Expires:f/ /202;
2840033 Page 4 of 5 11/25/2024 03.45.25 PM
EXHIBIT A
PUBLIC ACCESS EASEMENT
WITHIN
LOTS 40, 41, 42, 43, 44, 45, AND 46 IN BLOCK "E" OF
TRACY'S FIRST ADDITION TO BOZEMAN, MONTANA
PREPARED FOR BOZEMAN EXCHANGE ASSOCIATES, LLC DECEMBER 2023
PREPARED BY SANDERSON STEWART @ BOZEMAN, MONTANA
W M EN D EN H ALL ST
POINT OF FOUND MAG NAIL & WASHER '9518' (TYP.)
BEGINNING
N 89'56'16" E 116,24'
- - - - - - - - -- - - -- - - - - -
S 89'48'23" W 196.25'
N 00,09,39" W 5.10' S 00*13'12" E 4.65'
39 40 41 42 43 44 45 46 47
ALLEY ALLEY
10 9 8 7 6 5 I 4 I 3 2
20 0 20 40
NORTH SCALE:V=40'
BOZ_07022_01_PUBLIC-ACCESS_EASEMENT.DWG BOZ-07022.01 12/19/23 CDK
2840033 Page 5 of 5 11/25/2024 03:45:25 PM
EXHIBIT B
PUBLIC ACCESS EASEMENT
WITHIN
LOTS 40, 41, 42, 43, 44, 45, AND 46 IN BLOCK "E" OF
TRACY'S FIRST ADDITION TO BOZEMAN, MONTANA
PREPARED FOR BOZEMAN EXCHANGE ASSOCIATES, LLC DECEMBER 2023
PREPARED BY SANDERSONSTEWART� BOZEMAN, MONTANA
PUBLIC ACCESS EASEMENT - DESCRIPTION
A public access easement located on a portion of Lots 40,41,42,43,44,
45,and 46, Block"E",Tracy's First Addition to Bozeman, Montana, on file
in the Office of the Gallatin County Clerk and Recorder, located in the
northeast quarter of Section 12,Township 2 South, Range 5 East,
Principal Meridian Montana, County of Gallatin, State of Montana, being
more particularly described as follows:
Beginning at the northwest corner of Lot 40, said point also being on
the southerly right-of-way line of West Mendenhall Avenue, thence
N89°56'16"E, 196.24 feet along said right-of-way line to the northeast
corner of Lot 46;thence SO'I T 12"E,4.65 feet along the easterly line of
Lot 46;thence S89°48'23"W, 196.25 feet to the westerly line of Lot 40;
thence NO"09'39"W, 5.10 feet along the westerly line of Lot 40 to the
Point of Beginning. Containing 957 square feet.
BOZ_07022_01_PUBLIC-ACCESS_EASEMENT.DWG BOZ-07022.01 12/19/23 CDK