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HomeMy WebLinkAbout08- Public Access Easement for Roger's Dermatology Project Mr. and Mrs. Rogers NeighborhoodCity Of Bozeman, City Clerk's Offzce 2'. O. Boat 1230 Bozeman, JKontana 5977.1-1230 ~ ~ ~ ~ ~ . _ '.5500 www.se .cnm ~~ ~ S ~ -e~a~ ~i s ~~ n ving a tin M n Counl' P.O. 6.550, zeman, T 59 -6550 ax:4 .52 .5501 PUBLIC ACCESS EASEMENT Mr. and Mrs. Rogers Neighborhood, LLC, with a mailing address of 2910 Colter Avenue, Bozeman, MT 59715, GRANTOR, inconsideration 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 12 foot wide strip of land situated in Gallatin County, Montana, which is located on the fallowing described property: Tract 1 of Plat recorded on Film 16, Page 1154, retards of the office of the Clerk and Recorder, Gallatin County, Montana, and located in the SW 1/4 of Sec. 12, T.25., R. 6 E. of P.M.M.. The easement is more particularly shown and 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 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 J ~~A.~t~o 230375 IIIII os~xa~smme oa:a~p IIIIII IIIIII IIIII IIIII IIIIII IIIII IIIII IIIIII IIIIII Charlotte Mllls-Gallatin Ca MTMISC 28;00 _ 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, successars and assigns of the parties hereto. DATED this day of ~ ~ , 20~. Mr. and Mrs. Rogers Neighborhood, LLC. ,.. ~. By: .. Kristina K. Rogers, Mem STATE OF MONTANA ) ):sS County of Gallatin ) On this 2e~-~ day of ~ , 20 b$' ,before me the undersigned, a Notary Public for the State of Montana, personally appeared Kristina K. Rogers, known to me to be Member, of Mr. and Mrs. Rogers Neighborhood, LLC., a Montana Limited Liability Company and the person whose name is subscribed to the within instrument and acknowledged to me that she executed the within instrument for and on behalf of Mr. and Mrs. Rogers Neighborhood, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. I Z~~~~~J~ IIIIIIIIIIIIIII 06/24!2008 04:41P IIIIIIIIIIIIIII IIIIIIIIIIIIIIII IIIIIIII Gharlotts Mills-Gallatin Go MTMISC 29.00 (SEAL) ,,,~,,,~~~~~",~,,,, Heather Cnyla °: s ~Wt:p Cn~W,,y '~~ ' AR '~ NotB~N Public for the State pf Montana p f lq~ - =: ~;SEAL,~'"" ~' ~ ~ q®xldinp 6tt; 1"hr~aoFnrkr.Montana My 0nmmis~-Icn Expires: ACCEPTED: otary Public for h tate of Montana ~-/~~ fh~~ ~au le (Printed Name) `' Residing at ~1 rCe ~rol'ks M~ My Commission expires '~• l~G _1201j1 CITY OF BOZEMAN by City Manager ATTEST: h~• ic~. CAS, +O : a .. ,. ". ~°~ d~ Y YYY )CC. County of Gallatin ) On this ~ ~ day of , before me, a Notary Public for the State of Montana, personally ap ared CHRIS KUKULSKI and BRIT T. FONTENOT, known to me to be the City Manager an 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 firs~u~9iiten. ~~. s „r ~~++~~++ n i~. ~ ~. he State of Montana (Printed N Residing at My Commission Expires ~/~f~/20 IIIIIIII ?~03~5~ 111111 IIIIIIII 1111111 1111111 111111 (IIIIIIII IIII 08 / Charlotte Mills-Galls,tin Co MTM15C 28.00 242008 04.41P ~ T A PUBLIC ACCESS EASEMENT LOCATED IN THE SW 1/4 OF SECTION 12, T. 2 S., R. 5 E. i TRAC QFA~ o ~~ GALL4TIN COUNTY, MONTANA COS No. 309 ~~~+2'E] First Security Bmk D9014O18' I I f I °' I '' ~ ~ f I ~_ I C~ .. ~ ! ~~8 f mmm ~ I g$m ~ I '~ I ,'•,~ I I f} N r-.so' vtonr Em.msnt par cos Na 309 •.yt-o}-Mbf' for Femmes-.'•. d par COS No. 308 tt 1z fa 13 s.c. tx. pw CC6 Nn 309 Scale In Feet 5D D 50 1 ~ 15 0 15 Scale In Meters Engineering end Surveying Inc 1091 Stoneridge Drive • Bozeman, FIAT 59718 Phone (406] 587-1115 • Fax [4176] 587.9768 www.chengineers.com • info~chengineers.com R - ~ I TRACT 1 '~I ss,an so rt i ~ ,~ I 1.2713 Arras Film 16, Page 1154 II ~- --- Mr. and ir4rs. Rogers Neighborhood, LLC I I n EXISTING BUILOINc ~ x _ I ., iVest Cortege Street B' fi 1 I fi I I Fnd s,~• rasar, no ~ I I I II f 22.ss '~ I I I 32'2717" ~'°. ~ ~ 1 .\ ~ ~ f f LC{T 2A 1~'' IIII `1 \\~ ', I I f U,~ , 11 ~I--- I 1 I I I ~' I Lor 4A r 1ff;` I i l ~ I ~i ww III I ~ W N ~. " N Q ~ ILfII' EFS E l.J J ~ ~i' ¢ .-. _ $ Z o w s~° ~ ~ o i N U ~ ~~~ ~ ~ a d Q N ~ ~ ~ ~ f LOT 1 A f o a ~ ~II f a r ~~CI NG 1 1NOE SfORN SEWER ISfINCa }~I CESS EVENT EM I~TEIEPNONE EA~EYENr ~ °'~ I F !I I aw i' f f w ~ ~- I' I j% 1 J Z I li i I I_ _E ~ U I r ~, I - -~ - -~1`~ R ' ~ 1 I' ~~ 11 12"pp POINT OF BEGINNING 270'14'18" R LEGAL DESCRIPTION OE PUBLIC ACCESS EASEMENT A 12.00 foot wide easement for public access in, through, and across Tract 1 of Plat recorded on Film 16, Page 1154, records of the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southwest t~uarter of Section 32, Township 2 South, Range 5 East, of P.M.M. Said easement is described as follows: Beginning at the southeast corner of said Tract 1; thence westerly 274' 14' 18", assumed azimuth from north, 12.OD feet along the south line of said Tract 1; thence northerly 000' 28' D6" azimuth 131.00 feet; thence northeasterly 032' 21' 1T azimuth 22.59 feet to the east line of said Tract 1; thence southerly 180' 28' 06° azimuth 150.29 feet slang said east line, to the point of beginning. Area = 1,fi88 sq ft, 0.0388 acre 1~~~~~ ~~~~~ ~~~~~ ~~1~~ ~~~ f ~~ lillflflll~lllll~Il I ~~ ~~~~ ~~~I OB! 24 ~ 2008 04 41P Chariotte Mills-Gallatin Co MTMIISC 28.07 #08095(EXA}