HomeMy WebLinkAbout017 - Appendix M.2 - Lot 3 Public Access easement for sidewalk.pdf Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 Project Number #26089 PUBLIC ACCESS EASEMENT ONE WEST PARTNERS LLC , GRANTOR(S), 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 5’ feet wide strip of land situated in Gallatin County, Montana, which is located on the following described property: LOT 3 OF BLOCK 2 OF THE FERGUSON FARM SUBDIVISION (J-653), LOCATED IN THE SW ¼, SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, 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 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 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 ____, 2026. LANDOWNER _________________________________________ ONE WEST PARTNERS LLC By: Title: STATE OF ____________ ) :ss COUNTY OF __________ ) On this _[Enter Day]_ day of _[Enter Month]__, 202_[Enter Year]_, before me, the undersigned, a Notary Public for the State of [Enter State] , personally appeared ____[Enter Name]___ __, known to me to be the _[Enter Title]__________ of ___[Enter Entity]_________ 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 ______________________ City Manager ATTEST: _______________________________ City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this ______ day of _____, 2026 , 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
BLOCK 2
LOT 3
BLOCK 2
LOT 2
EXISTING
UTILITY EASEMENT
EXISTING SHARED PARKING,
DRAINAGE & ACCESS
EASEMENT
P.O.B.
EXISTING 30' PUBLIC LINEAR
PARK/TRAIL EASEMENT N0° 08' 08"E43.31'S89° 58' 54"E
5.00'
N0° 05' 30"E
72.43'
R=9.99'
L=7.84'
C.B.=N22°35'55"E
C.D.=7.64'
Δ=044.97°
N45° 05' 04"E
4.45'
S76° 00' 31"W
11.35'M:\254360\Drawings\Easements\Easements.dwgPUBLIC TRAIL EASEMENT
BEING A PORTION OF FERGUSON FARM SUBDIVISION
LOCATED IN THE SW 14 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
EXHIBIT "A"
254360JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10Feet30
DATE :04/02/2026PUBLIC TRAIL EASEMENT
THE FERGUSON FARM SUBDIVISION
W E B : w w w . h y a l i t e e n g . c o m
161 W. HALEY SPRING RD, STE. 101 B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1
Being a portion of The Ferguson Farm Subdivision located in the SW 14 of Section 10, Township 2 South, Range 5 East, P.M., City of Bozeman, Gallatin
County, Montana, and being more particularly described as follows:
Commencing at the southeast corner of Block 2, Lot 3, thence North 0°08'08" East, 43.31' to the northerly boundary of the existing public trail easement
and the point of beginning. Thence S76°00'31"W, 11.35'; Thence N45°05'04"E, 4.45' to a point on a curve; Thence upon said curve in a northeasterly
direction 7.84', having a radius of 9.99' and a central angle of 44.97°, being concave to the northwest; Thence N0°05'30"E, 72.43' to the southerly
boundary of an existing access easement; Thence upon said access easement S89°58'54"E, 5.00'; Thence S0°08'08"W, 79.88' to the point of beginning.
Said easement contains 416 sq. ft., more or less and is subject to all easements of record or apparent on the ground.
LEGAL DESCRIPTION
I hereby state this Easement Exhibit has been prepared by me or under my direct supervision during the month of March, 2026.
SIGNED_________________________________________ DATE____________
KURT A. LUEBKE, PLS 13237LS
LEGEND
NOTHING FOUND/NOTHING SET