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HomeMy WebLinkAbout08- Public Access Agreement, Stuart Mill Properties, LLCBozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 ~' `. 23165242008 12:14:40 PM Fee: $21.00 `ice ICIIIhIIlarlotte Mills -Gallatin County, MT MISC l~l ~I I II~IIIIIIIIII'IIIIIIIIII_IIII~IIILIIIIIIIIIL~IIIIIIIII_IIIIIIII _ __ - PUBLIC ACCESS EASEMENT Stuart Mill Properties, LLC, a Montana Limited Liability Company, with an address of 3309 Sundance Dr. Bozeman, Montana 59718 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 Street, P.O. Box 1230, Bozeman, Montana 59771, GRANTEE, a public access easement for a driveway and parking area for the use of the public in, through, and across a 27 feet wide strip of land situated in Gallatin County, Montana, which is located on the following described property: Lot 2, Block 18, Cattail Creek Subdivision, Phase 3, NW '/4, Sec. 35, T. 1 S., R. 5 E. of 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 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. 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. ~~ / DATED this ~ day of /I ~( , 20 G ~ STATE OF MONTANA ):ss County of Gallatin ) STUART MILL PROPERTIES, LLC ~~~ IK ~~~~~~~ B odd ough, Managing Member On this ~~ day of~ , 20~, before me the undersigned, a Notary Public for the State of Montana, pe~'sonally appeared Todd Hough known to me to be the managing member of Stuart Mill Properties, LLC 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 Stuart Mill Properties, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~~~~~~~~~nn a u/I,~,,, ~ • • hl ~~1 ~a%c' m ACCEPTED: '. ~., .~ '~,,t9 ~ ,- ... STATE O~'rM4N'I'ANA CITY F BOZ N ~ by ~ ~~" City Manager )ss. County of Gallatin ) d~ On this ~ day of , 2~ before me, a Notarv Public for the State of Montana, personally appeared CHRIS KUKULSKI and ~''""~ UItY'n2.f1 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 first above written. `~~ .,. ~~ ~~ `AL) ~~ , . ~~`. ~ • ~ :~ ~ ., .~... i ~, No Public for the State of Montana C~VU ~ ~~~ . ~ ~ (Is~~ Kami M. Gillis 'e Residing at My Commission Expire G /20~ State of ;(printed N n ~'_ Residing at Z~/n~~ I ~'f7G My Commission Expires / /20 EXH/B/T A LARKSP~JR CO/VDOM/N/UMS LOT 2 , BLOCK 18, PHASE 3 CATTAIL CREEK SUED/VISION, LOCATED IN THE NW 1/4, SEC 35, T. f S, R. 5 E OF P.M.M., GALLAT/N COUNTY, MONTANA LOT 3 BLOCK 18 rr~vr~rt i ~ ~iiv~ 1/0"1S 5Z 90'13 52 204.90 ° . L7.00:~ ~: ~ 80'13'52" o " a' n .. ~ 3.50 `~ ~° ~~~~ PUBLIC ACCESS EASEMENT ~ ~~ ? '~:9 ' » 0.13 ACRES °° ~ A ~ ... O a0 90'13 52 Q- O . ~----.___~ -- 5706.15 SQ FT . Q p. , . <. $ . "~:,: ~ ~ Q .? ;~ B~.~Q g , . . . 4 ® flM. ~ .. ny p e ~ Q a~ ~ a:4 ' ~ Q ° aq .. ~ ~ ~ . , . ~ .~ ~ . ~. 90'13: 52 ' ~~ ~ b r~ LOT 2 0 N BLOCK 18 00 .- , a ~ _.... 0 ~ _~--~--- ~ . ~ " - ' Y ~ ~~0 p00p, 63.47 ,- 25,987 Sq Ft ~ ,~. ~' , • • ~ ~ .597 Acres a ~ /~ . ~ d ~~~ O .. 9 :N~ ~ . a. ' , . ~ ~ . ~ • ~ 27.00 89'44' 23" 204.74 Scale In Feet LOT 1 30 0 30 BLOCK 18 9 0 9 Scale In Meters Sheet 1 of 1 N ~~ V~ -~ r #06503