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HomeMy WebLinkAbout06- Lot A Minor Subdivision No. 362, Baxter Springs Public Access Easement ~- City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 PUBLIC ACCESS EASEMENT Baxter Springs. 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 411 East Main, Bozeman, Montana 59715, GRANTEE, a public access easement for a trail corridor and multi- use path for the use of the public in, through and across a 2.2... feet wide strip of land situated in Gallatin County, Montana, which is located on the following described property: Lot A of Minor Subdivision No. 362 Located in the NE1I4 SEC 2. T2S. 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(S) agrees: (1) To construct and maintain the multi-use path at their own expense in accordance with relevant City Ordinances, including, but not limited to, all major and minor maintenance and repair work. (2) To allow the City to make any and all inspections of the multi-use path 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. r~i \ 1II111 11111111~1I ~IIIIIII 1\111\ 1\11111111111111 ~~:~f~~~p Charlotte Mills-Gallatin Co MTMISC 44.00 , DATED this -:1-~ day of ~oJs,...(~OOb . INDIVIDUAL STATE OF MONTANA ) ) ss. County of Gallatin ) On this 1st day of AJv,lt/b/ , 2cz:>" , before me the undersigned, a Notary Public for the State of Montana, personally appeared .JtSSI- t:hl1.se known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. \\\II/fl// ,"\. \..E.E Sr~ "/ " ~\....'. 1t^ /,. ..... 0. . v....",. ..... <2-. . . ":..(\ ..... ~ ~.~OTARIA ".0-::' ::: ~.EALL il.. . :p = - , . "- . 0 _ - X 01;., \L . * - ..-- . ,..... ,::'1 t.., . ..... ~ tP . U "'-1.1.. 1 .... ~:r. ..~~ /,-: .....~~ I I'NLI.~TI.€ LGG S'179NPIR:leD (Printed Name) Residing a~u.Mf.tL. My CommIssion Expires ~'/_~.j200'7 111111111111111111111111111111111111111111111111111111I ~~j~f:?: Charlotte Mills-Gallatin Co MTMISC 44.00 ~ , ACCEPTED: ~A iwJ.; CITY OF BOZEMAN By: City Manager On this t I day of fV tJ i! e- A~ e t2- , 2 0 tJ6, before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and BRIT T. FONTENOT, 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 Notarial Seal on the day and year first above written. (SEAL) ~I'~~ Notary Public for the State of Montana ''l-JetV't- j(]Jhl'1 lJe'l'1c{rc( (Printed Name) Residing at Bozeman, Montana My Commission Expires: 3....J I /20 /0 ~\\\\\\, 1111' /I filII/. ~\\\ JOHN e~ ;t/~ ~~~.....~~~ ~. . ~ ~;j . . ~ i ~ .:~O l' AR/Ai'. (j ~ =*' EAt' =*= - . - ~ . .... ~ . S ...,.$ ~ .r\ . ~ "" ':::: 'U'.lto, . . '" ~ ~~. 'b.;:~ ~-J~ ....._^.,~ ~1. l: OF MO~ ~~ '11"'lt 1/"1111\\\\\\\" 1111111 11111 11111 1111111111111111 111111 11111111 1111111/ ~~~~;~?~, Charlo~~ills-Gallatin Co MTMISC 44.00 f EXHIBIT A SHOWING A 25'-WIDE PUBLIC TRAIL EASEMENT ACROSS LOT A OF MINOR SUBDIVISION NO. 362 LOCATED IN THE NEl/4 SEC 2, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PROPERTY LINE EXISTING 20' UTILl1Y EASEMENT PER MINOR SUB. 362 o . 100 P----~ ( IN FEET ) P.O.B. EASEMENT BAXTER LANE EXISTING 20' UTILl1Y EASEMENT SS9"01'E 2S6.2' 12.S' \ \ \ \ ~ EXISTING SO' PUBLIC STREET & UTILl1Y EASEMENT PER MINOR SUB. 362 \ ) I :-L. EXISTING 30' I ,I UTILl1Y EASEMENT I I I I I I I I I L N ~ f' .;.:. a)'~' a .....,.... NO~ It)'<t ~ N iDlB Nl:;: 0.0 ~a ~~ ==: - ~ -u === ~ ~~ =:E: === 0 _u - =c _.~ ~~ -- ==-;;; _CI -, ~;-: =- _.~ =E: ~Gl ~:; -0 =- ~~ ~~ _u I I I I I I LOT A EXISTING 20' UTILl1Y ~ EASEMENT PER _ eM1"". SUB. 3~ DESCRIPTION A 2S' -wide public trail easement across Lot A of Minor Subdivision No. 362 located in the NE1 /4 Section 2, T2S, RSE, P.M.M., City of Bozeman, Gallatin County, Montana, the centerline of which is further described as follows: Beginning at a point on the north line of said Lot A which bears SSS"SS'E a distance of 30.2 feet from the northwest corner of said Lot A; thence S12"46'E a distance of 194.S feet; thence S1Z06'W a distance of 414.S feet; thence SS9'01'E 0 distance of 241.S feet. [;ii' MORRISON Engmee" 901 Technology Blvd liliill ,(+L&1 Surveyors Bozeman MT 59718 SCientists ~[';I..7.. . MAIERLE INC Pia Phone: (406) 587-0721 __ , . nners Fax; (406) 587.1176 An l:;mpJoycc-Owned Compan:" DRAWN8Y'~ CHK'D. BY'.1lMfL- APPR. BY'~ DATE:~ N:\4165\001\ACAD\ExhibitS\Public Access Easement.dwg Plotted by bhammerquist on OcU31/2006 COPYRIGHT 'tl MQRRISON-MAIERLE INC., 2006 BAXTER SPRINGS PROJECT NO. 4165.001 BOZEMAN MT FIGURE NUMBER PUBLIC TRAIL EASEMENT EX. A