HomeMy WebLinkAboutPublic Access Easement AFTER RECORDING RETURN TO:
Bozeman 7 RE LLC
Attn: Daniel D. Manson
600 S. Main
Butte, MT 59701
PUBLIC ACCESS EASEMENT
Bozeman 7 RE LLC, a Montana limited liability company, whose address is 600 S. Main
Street, Butte, MT 59701 (the "Grantor"), 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, (the "Grantee"), a public access easement for a driveway and parking
area for the use of the public in, through, and across a thirty foot (30') wide strip over and across
Grantor's land situated in Gallatin County, Montana, which is located on the following described
property:
Lot 1-C and Lot 2-C of Amended Plat J-5-D, amending Lot 113
& 213 of Amended Plat J-5-C, Document No. 2412896, located
in the SE % of Section 35 of Township 01 South, Range 5 East,
P.M.M., Gallatin County, Montana.
Recording Ref.: Document No. Amended
Plat J-5-D.
The easement is more particularly described on the attached Exhibit A which by this
reference is made a part hereof("public access easement").
Grantor agrees:
(1) To construct and maintain the public access easement at its own expense in
accordance with relevant City Ordinances, including, but not limited to, snow removal and all
1
major and minor repair work.
(2) Grantor agrees to allow the Grantee to make any and all inspections of the public
access easement and land appurtenant thereto as the Grantee reasonably deems necessary.
Grantor warrants that it is lawfully seized and possessed of the real property described
above, that it has a lawful right to convey the property, or any part of it, and that it will forever
defend the title to this property against the claims of all persons.
Grantor further agrees that the Grantee may peaceably hold and enjoy the rights and
privileges herein granted without any interruption by Grantor. 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 2°d day of June,2025.
LANDOWNER
BOZ MAN77 ROE LLC
7��v__
By: James M.Kenn ally
Title: Manager
STATE OF MONTANA )
ss
COUNTY OF SILVER BOW )
On this 2°d day of June, 2025, before me, the undersigned, a Notary Public for the State of
Montana, personally appeared James M. Kenneally, known to me to be the Manager of Bozeman 7 RE
LLC, the entity that executed the within instrument, and acknowledged to me that he executed the same
for and on behalf of Bozeman 7 RE LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
iCCAT
JILL HAMRYAA kkVW'4nC
oR} NOTARY PUBLIC forte (printe Marne ere)
State of Montane
SEAL Residing at Butte,Montana Notary Public for the State of Montana
My Commission Expires Residing at Butte, MT
OF May 16,2028
My Commission Expires: V100?
(Use 4 digits for expiration ar)
2
ACCEPTED:
CITY OF BOZEMAN
By
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 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
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LEGAL DESCRIPTION
PUBLIC ACCESS EASEMENTS
A TRACT OF LAND BEING PORTIONS OF'LOT 1C'AND'LOT 2C°,AMENDED PLATJ-5rD,RECORDED AS DOCUMENT NUMBER
GALLATIN C€LIN T Y RECORDER,GALLATIN COUNTY,t+ONTANA AND DESCRIBED AS FOLLOWS;
COMMENCING AT THE COMMON SOUTH CORNER FOR SAID LOT 1C AND LOT 2C AS MONUMENTED BY A 51T REBAR&CAP
`PLS 13770.THENCE ALONG THE SOUTH LINE OF SAID LOT 2C,NORTH 89'51'19'EAST,32.96 FEET TO THE TRUE POINT-
OF-BEGINNING,
THENCE LEAVING SAID SOUTH LOT LINE NORTH 07'53W WEST,18.48 FEET TO THE POINT OF TANGENT
CURVATURE TO THE LEFT;
THENCE NORTHWESTERLY,22.97 FEET ALONG SAID CURVE LAVING A RADIUS OF 16,00 FEET,A CENTRAL
ANGLE OF 82'1640'AND A CHORD BEARING NORTH 49'00°52'WEST,21.05 FEET TO THE POINT OF
TANGENCY;
THENCE,SOUTH 89°51'18'WEST,14.31 FEET TO A POINT ON SAID THE COMMON LOT LINE;
THENCE ALONG SAID LOT LINE,NORTH 00'24'53'EAST,42.60 FEET;
THENCE LEAVING SAID LOT LINE,SOUTH 89*3607'EAST,21.73 FEET;
THENCE,NORTH 00'222T EAST,311.03 FEET;
THENCE,NORTH 89'35'07'WEST,68.05 FEET TO THE POINT OF NON-TANGENT CURVATURE TO THE RIGHT;
THENCE NORTHERLY,82.77 FEET ALONG SAID CURVE HAVING A RADIUS OF 495.00 FEET,A CENTRALANGLE
OF 09'34'50'AND A CHORD BEARING NORTH 06'36'33'WEST,82.67 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID LOT 1C,
THENCE,NORTH 89.57N EAST,30.01 FEET TO THE POINT OF NON-TANGENT CURVATURE TO THE LEFT,
THENCE LEAVING SAID LOT LINE SOUTHERLY,52.62 FEET ALONG SAID CURVE HAVING A RADIUS OF 465.00
FEET,A CENTRAL ANGLE OF 06'29`00'AND A CHORD BEARING SOUTH 05'10'10'EAST,52.59 FEET TO THE
POINT OF NON-TANGENCY;
THENCE,SOUTH 89`35'07-EAST,43.03 FEET;
THENCE,NORTH 00'24 53'EAST,8.53 FEET;
THENCE,SOUTH 89'35'07'EAST,192.15 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2C;
THENCE ALONG SAID LOT LINE,SOUTH 00'25'S5°WEST,30.00 FEET
i
(CONTINUED)
1707 Continental Or,Butte,Montana 59701
Cell#406-490-9455
I
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• Page 2 June 20,2025
THENCE LEAVING SAID LOT LINE,NORTH 89°35W-WEST,162.14 FEET;
THENCE,SOUTH 00"2453°VEST,313.23 FEET;
THENCE,SOUTH 07°53W'EAST,K30 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2C;
THENCE,SOUTH 89°51'19"NEST,30.28 FEET RETURNING TO THE POINT-OF-BEGINNING.
CONTAINING 0.514 ACRES,MORE OR LESS;
ANT
HEW B.
MAYBERRY
c No.13770 Q /
ATWELL SUITES BOZEMAN, MT
PUBLIC ACCESS EASEMENT
EXHIBIT
N 89°52'09"EI— —
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8 35'07" 92 4�
7
CURVE TABLE
LOT 213
CURVE LENGTH RADIU5 CENTRAL ANGLE CHORD BEARING CHORD D15T. BOZEMAN 7 RE LLC
DOC#2715441
C 1 22.97' 16.00' 082'15'40" N 49°00'52"W 21.05'
C2 52.77' 495.00' 009°34'50" N 003033"W 82.0 m
C3 52.62' 465.00' 0002500" 5 05°10'10"E 52.59' o N LOT-2C
m 2.297 ACRE5
� m m
LOT-1C N Ln
3.895 ACRE5 N N N N
0
z z cn z
LINE TABLE
LINE LENGTH DIRECTION
LI 18.45' N 07°53'02"W
L2 14.31' 5 89°5 I'18"W
L3 4260' I N 00°24153"E L
A 21.73' 5 89°35'07"E
L5 68.05' N 89°35'07"W
C�
LG 30.01' N 89°5209"E 50.30'
32.96' .2
L7 43.03' 5 69°35'07"E N 89°5 I'19"E -
L8 6.53' N 00°24'53"E p O B BAXTER LANE
0 40 80
L9 30.00' 5 00°2555"W '
L I O 81.30' S 07°53'02"E
SCALE: 1" = 80'
BY M13M
COMMON SENSE SURVEYING & CHECKED
DATE: 6-2121-2525
ENGINEERING DRAWN BY:WDD
1707 CONTINENTAL DR.,BUTTE,MONTANA 59701 DATE: 6-21-25
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PROJ:TOWN PUMP(BOZEMAN)