HomeMy WebLinkAbout06- Westworks Building Company Public Access Easement
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Shelley Vance-Gallatin Co MT MISC 21 00
City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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PUBLIC ACCESS EASEMENT
Westworks Building Company, Inc., 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 411 East Main,
Bozeman, Montana 59715, GRANTEE, a public access easement for a driveway and parking
area for the use of the public in, through, and across a 25-foot wide strip of land situated in
Gallatin County, Montana, which is located on the following described property:
Lots 1,2, & 7 of Block 21, Cattail Creek Subdivision Phase 3, situated in Section 35,
TIS, R5E, P.M.M., City of Bozeman, Gallatin County, Montana.
The easement is more particularly described on the attached Exhibit A which by this
reference is made a part hereof.
The GRANTOR agrees:
(1) To construct and maintain the driveway and parking area 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 driveway and parking area and
land appurtenant thereto as the City reasonably deems necessary.
The GRANTOR warrants 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 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.
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Hr Shelley V.nce-Gallatin Co MT MISC 21 00
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DATED this L day of , 2006.
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West orks Building Company, Inc.
By: Justin Tribitt, President
STATE OF MONTANA )
):ss
County of Gallatin )
On this 19+:b day of~, 2006, before me the undersigned, a Notary
Public for the State of Montana, personally appeared Justin Tribitt, known to me to be President
of Westworks Building Company, Inc. 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
Westworks Building Company, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
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(SEA~~'\q.. \ ~ E. ~. If O~ otary Public for the State of Montana
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ACCEPTED:
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by, ~ .
City Manager
)ss.
County of Gallatin )
On this '").. 6 day of {J (; rd b !- Y , 2J..Pb, before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and BRIT T. FONTENOT,
known to me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the
day and year firstabovewritten. - m. '-' -'- - -._-"_._,~-->-,.,-- -~~-- - ,.
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Notary Public for the/State of ontana
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My Commission Expires ~ 7 /20 / tJ
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EXHIBIT A
SHOWING A 25' - WIDE PUBLIC ACCESS EASEMENT ACROSS LOTS 1, 2,
& 7 OF BLOCK 21, CATTAIL CREEK SUBDIVISION PHASE 3
CATAMOUNT STREET
N89'45'15"E
25.00'
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N90'00'OO"E 1 08.55'
EASEMENT AREA 0.24 AC
N90'00'OO"W 129.74'
N17"21'54"W
19.81'
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