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HomeMy WebLinkAbout25 - Easement Type Unknown - Midtown Aspen, LLC - North Seventh Addition to Bozeman Subdivision, Lot 4A 2844451 Return Original to: Page: 1 of 6 ©2l11/2025 ©3:19:40 PM Fee $48.0© Eric Semerad - Gallatin County, MT MI48 City of Bozeman �������� City Clerk 1111111 IF11111 11111 1111 1111 PO Box 1230 Bozeman, MT 549771-1230 PUBLIC ACCESS EASEMENT MIDTOWN ASPEN LLC, a Delaware limited liability company of PO Box 6220, Bozeman, Montana 59771, GRANTOR, 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 five (5) feet wide strip of land situated in Gallatin County, Montana, which is located on the following described property: Across a portion of Lot 4A in Block 1 of the Amended Plat of the North Seventh Addition to the City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. (Plat Reference: E-21-D) The easement is more particularly described as "NEW 5.00' PUBLIC ACCESS EASEMENT" on the attached Exhibit which by this reference is 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. 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 2844451 Page 2 of 6 02/1 1/2025 03.19.40 PM 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. [Signature page(s)follow.] 2844451 Page 3 of 6 02/1 1/2025 03.19.40 PM SIGNATURE PAGE TO PUBLIC ACCESS EASEMENT GRANTOR: MIDTOWN ASPEN LLC, a Delaware limited liability company By: Midtown Aspen BD LLC, a Delaware limited liability company its Manager By: Boundary Development LLC a Montana limited liability company its Sole Member By: Na e: oseph Walsh Its: thorized Member STATE OF —�r���%a ) :ss County of ^� Fr4,.-)c.3ro ) This instrument was signed and sworn to before me on fex0j0C4 3��, 2024, by Jospeh Walsh, Authorized Member of Boundary Development LLC, Sole Member of Midtown Aspen BD LLC, Manager of Midtown Aspen LLC. WITNESS my hand and official seal. Printed Name: //s.c/at apt /kO*',-, Notary Public for the State of G 4 / LZ 14 See Attached Notary Jurat Certificate 2844451 Page 4 of 6 02/1 1/2025 03.19.40 PM A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 5A If/ItNC gSfa Subscribed and sworn to (or affirmed) before me on this day of 20 '�, by do's 0-'a/f c.1fGLt�a�? w,a LS10 — proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 2. HECTOR OMAR ALDANA COMM. #2425312 zz Notary Public California p San Francisco County „ M Comm.Expires Nov.6,2026 (Seal) Signature_, 2844451 Page 5 of 6 02/1 1/2025 03.19.40 PM ACCEPTED: CITY OF BOZEMAN, MONTANA n�x111n City Manager ATTEST: Wk City Clerk STATE OF MONTANA ) ss County of Gallatin �j ) On this o- day of aacwo 2029 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared Clack W jn,O and MIKE MAAS, known to me to be the/fity Manager and City Clerk for the City of Bozeman, respectively, 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. �2- �►-Zc�zs IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. " 4&ot (SEAL) 1-7btJ IA—) J�`E HUNT >: JULIE HUNTER C��in Public for the State of Montana Notary Public g at Bozeman, Montana NpTAR144• t for the State of Montana - - *- Residing at: My Commission Expires Q(� — Z ;.SEAL. Q> Bozeman, Montana �i OF MO MY Commission Expires: June 11,2025 2844451 Page 6 of 6 02/1 1/2025 03.19.40 PM EXHIBIT PUBLIC ACCESS EASEMENT ACROSS A PORTION OF LOT 4A IN BLOCK 1 OF THE AMENDED PLAT OF THE NORTH SEVENTH ADDITION TO BOZEMAN(E-21-D), LOCATED IN THE SOUTHEAST QUARTER OF SECTION 1,TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA,CITY OF BOZEMAN,GALLATIN COUNTY TON OF VACATED LOT 3 & POBYr BLOCK SE ENTH ALLENORT PLATADDITION OF THE TO BOZEMAN N89.59'14"E 187.02' 4J FD 2" ACAP "14535 LS" FD 2" ACAP "14535 LS" `A AS5' WC C0 ZF 1 NEW 5' PUBLIC ACCESS EASEMENT `•� IS HATCHED AND CONTAINS o C` W 11 600 SF o �D 0 rn ZD 4rW z ' 4rn o0 Wok :'` � p FO 2" ACAP "8374 S" �1 LOT 4A, BLOCK 1 tl AMENDED PLAT OF THE NORTH x = .'.1 SEVENTH ADDITION TO BOZEMAN Z p . ;a (E-21—D) r� O j O 6) W O >I O O� O `��l O u7 w � Z --`'I Z rUr1� (D I W E- ;a O z .I U) �o rJ',I �Z FADS 5 WC AP "14535 LS" N89'59'35"W 186.93' FD 2"ACAP "14535 LS" iro LOT 6A. OF HE ZE)JAN I pyAT BOZEM SEVENTH ADDITION(S2D)O e I ; N SURVEYOR CERTIFICATE ' N T A ' 0 30' I, Colin Brady, do hereby certify that this exhibit is bosed on field work performed by me or under my supervision S C A L E between February 2023 and October 2024, and that the *'•. information shown hereon is true and correct to the best COLIN BEARING BASIS: BOBCAT COORDINATE SYSTEM AS of my knowledge. BRADY • DETERMINED BY SURVEY GRADE GPS RECENERS WITH • THE CENTRAL MERIDIAN RUNNING THROUGH LAT. Dated thiSA 15th day of November, 2024 .;>17; ;O 45'15'00" N, LONG 11I.15'00" W. ------------- Colin Brady, PLS '.,�/C`EN5�0. Jam: Montana License No. 95656 LS '. �O THIS EXHIBIT SHOULD BE CONSIDERED PRELIMINARY & •.•N,q�..LANQ,•.'• SHOULD NOT BE RECORDED UNLESS SIGNED AND SEALED DRAWN BY: CJB •' �� QUALITY CHECK: TD& _ DATE: 11/15/24 FB: 207/36,79 Engineering 9 JOB NO. B24.008 tdWg,nmnng— ( CAD NO.B24-008L4AACCXt.dw LAYOUT: