HomeMy WebLinkAbout023_Public Access Easement PUBLIC ACCESS EASEMENT - DRAFT
After Recording, return to:
City of Bozeman
City Clerk's Office
P.O. Box 1230
Bozeman, MT 59771
PUBLIC ACCESS EASEMENT
Hotel Bozeman Building 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 sidewalk for the
use of the public in, through, and across a 3.5 feet wide strip of land situated in Gallatin County,
Montana, which is located on the following described property:
Lots 2A and 3A of Block A of Amended Tracy's Third Addition to Bozeman, Plat C-18-J
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 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 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 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 day of ,202_.
Hotel Bozeman Building LLC, Grantor
By: Hotel Bozeman Partners LLC
Its Managing Member
By:
Andrew Holloran, Manager
STATE OF )
:ss
COUNTY OF )
On this day of ,202_,before me,the undersigned, a Notary Public
for the State of ,personally appeared ,known to
me to be the of Hotel Bozeman Partners,LLC,the Managing Member
of Hotel Bozeman Building,LLC,that executed the within instrument, and acknowledged to me that
they executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
(Printed Name Here)
Notary Public for the State of
Residing at
My Commission Expires:
(Use 4 digits for expiration year)
ACCEPTED:
CITY OF BOZEMAN
By
Acting City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
ss.
County of Gallatin )
On this day of , 20 , before me, a Notary Public for
the State of Montana, personally appeared CHUCK WINN and MIKE MAAS, known to me to
be the Acting 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)
Notary Public for the State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20
L:\2225—HomeB—\-01922—Hotel Bozeman\DWG\Survey\EXHIBIT 3.5 Access Esmt.dwg,8.5 x 11 1XI 01 A, I'lot'.ed: Oct 28, 2024—4:41pm, nbolton
EXHIBIT A
A description of a 3.5 foot Public Access Easement located within Lots 2A and 3A of Block A of the Amended Tracy's
Third Addition to Bozeman(Plat C-18-J), which is located within the Northwest One Quarter of Section 7,Township 2
South, Range 6 East, Principal Meridian Montana,City of Bozeman, Gallatin County, Montana.
N00'59'31"E WEST BEALL STREET
3.50' (RECORD 58' ROW) S00°33'18"W
OB S89`01'25" 230.98' 3.50'
N89°01'25"W
98.14' 231.01' 32.84 per,
3.5' Wide Public o
Access Easement vi
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WEST LAMME STREET
(RECORD 60' ROW)
LEGAL DESCRIPTION
A 3.5 foot Public Access Easement located within Lots 2A and 3A of Block A of the Amended Tracy's Third Addition
to Bozeman (Plat C-18—J), which is located within the Northwest One Quarter of Section 7, Township 2 South, Range
6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and being more particularly described
as follows:
Beginning at the Point of Beginning (POB), which is the Northwest Corner of said Lot 2A and south ROW of West
Beall Street;
• thence, along said lines, S 89' 01' 25" E, a distance of 98.14 feet to a point on said ROW and a corner common
to said Lots 2A and 3A;
• thence, along said ROW and Lot 3A line, S 89' 01' 25" E, a distance of 132.84 feet to the Northeast Corner of
said Lot 3A and an angle point of the ROW of Beall Street and North Tracy Avenue;
• thence, along said ROW of North Tracy Avenue and East line of Lot 3A, S 00' 33' 18" W, a distance of 3.50 feet
to a point;
• thence, leaving said ROW and line, N 89` 01' 25" W, a distance of 231.01 feet to a point on the west line of Lot
2A;
• thence, along said line, N 00° 59' 31" E, a distance of 3.50 feet to the ROB.
Said area being 808 square feet or 0.019 acres more or less, along with and subject to all easements of record.
BASIS OF BEARING:
MODIFIED MONTANA STATE PLANE 2500
NORTH AMERICAN DATUM OF 1983 (NAD83)
USING MTSU BROADCAST
GROUND PROJECTION AT ROW CORNER LOTS JOHN R. ->
6/7 BILK 4 I
PUGH
NORTH LATITUDE:45'40'57.01356" o 15626 LS
WEST LONGITUDE:111°02'19.88730" 0 80' 160' =��uti
ELLIPSOID HT: 4762.676 sft.
SCALE IN FEET j
VERTICAL DATUM: NADV88 (GEOID 12A)
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MERIDIAN CONVERGENCE ANGLE: 1°07'32"
6�NEER/ STAHLY ENGINEERING &ASSOCIATES EXHIBIT A FIELD: 12-01-2023
if6. PROFESSIONAL ENGINEERS&SURVEYORS 3.5'PUBLIC ACCESS EASEMENT DRAWN: JP/NB
CHECKED:CP
1NWW seceng.com
DATE: 10-28-2024
STAHLY
2223 MONTANA AVE. 3530 CENTENNIAL DR. 851 BRIDGER DR. STE. 1 THE HOTEL BOZEMAN PROJECT
1970 STE. 201 HELENA, MT 59601 BOZEMAN, MT 59715
BILLINGS, MT 59101 Phone:(406)442-8594 Phone:(406)522-9526 HOTEL BOZEMAN BUILDING,LLC SHEET
�CINT� Phone:(406)601-4055 F—(406)442—B557 Fox:(406)522-9528 BOZEMAN,MONTANA 1 OF 1