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HomeMy WebLinkAbout09- Western Montana Mental Health Public Access EasementBozeman City Clerk 8~~. Boy 1230 l;oze~~n~n, MT 59771-1230 ~~ Carree~ do~~mnum~- ~ ~ 3 3 8 ~4 q(~• S ~t~. ~, 2342386 p~/-T~EQ ~ Page: 1 of 5 0'9IlI11II6IIlII2II0I'0I9IIII1'1III:III'9II:IISI'2I'RM Fee: $3MISC ha__ r lot to MWW llIW11I1llLLllIll tWIW~~~- - - - - -- R~_ ~ ~Ile~lll1111111 ~ `~~ PUBLIC ACCESS EASEMENT Western Montana Mental Health, GRANTOR(S), 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 121 North Rouse, Bozeman, Montana 59715, GRANTEE, public access easement for a driveway for the use of the public in, through a strip of land situated in Gallatin County, Montana, which is located on the following described property: Lot 4A-2 of Minor Subdivision 417, situated in the SE '/4 of Section 8 and the NE '/4 of Section 17, Township 2 South, Range 6 East, P.M.M. City of Bozeman, Gallatin County Montana. The easement is more particularly shown on the attached PUBLIC ACCESS EASEMENT EXHIBIT A, which by this reference is made a part hereof. I'he 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 land appurtenant thereto as the City reasonably deems necessary. (3) The public use of the driveway is limited to ingress and egress and does not include the right to park along the driveway. 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. Public Access Easement Hope House Page 1 of 4 ~ .• The GRANTOR(S) 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 Z~ day of ~ , 2009. GRANTOR ~~~~ STATE OF MONTANA ) ~i sscsw/ ~ : SS County of ) On this 2.~ day of , 2~1~efore me t e undersigned, a Notary Public for the tate of tang, perso ally appeared ~>~~~ T~e~ r; ,known to me to be ° r ~ of i~l Mt~l-~L~ and the person whose name is subscribed to the within inst ment and acknowledged to e that he executed the within instrument for and on behalf of `Z{-z_.~.~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Montana /_ )r~/~ CGO~U..~ (Printed Name) ' Residing at ~'~'/i s S vL~ Hope House Page 2 of 4 ``\~a~~"~~• CAR V .,,,,~~////,'. \,°. P~~.. .,Fy %y, ~?• < ~,t~~ ~~~I>~.1: ~: ~k 1 k ~~ '',o~TE OF MO\`o~~ Public Access Easement My Commission expires d l /x/20 (/ Hope House Page 3 of 4 Public Access Easement ..~ ACCEPTED: 1 byTC.~~~ZE City Manager On this (p~ day of ~„~ l~n Q ~ , 2009, before me, a Notary Public for 7'.' ~\~ .. ~~~ i~ ; of ~,~I~~~ii the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULM,'<~N, 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. Notar Public for the State of Montan~~ssE~ AIMEE naOTARV F~VBt_IG (Printed Name) FOR THE STATE OF MONTANA RESiVINC4 AT Residing at BOZEMAN _ tMON EXAPiRES My Commission expires ~ ~ - °`~ - z°'I~0 Hope House Page 4 of 4 \\\~~~~EII 751/CAL) Q NOTngIIiL ~•. -*~ /~•?T ~~~ /// ~O~.~OT~\\\ ~' ~~'~-~f~1,1'~~V~ Public Access Easement / Mp~},dauaaso3 ~ ~ a ssaooy oilgn }uauaaso~\6nnp\asnoH L~ 0 ./`~ • ~Z / ~\~ ° '~~\~~d ~ ~ ~~~ \\ :~ ~ Z (n W Z U ~ ~ Z _J W W ~0]U(n ~J~UQ T]~Q W~ ~v \ N I ~ (n ~ ~~ / / ~~4,. ~~ C3~ ~' ~ . ~ ~ Off' ',~O ~h`~/~ W H r Z Z ~ O ~~ ~- U W ~ Z N O W > O W ~ N Q N w ~ Q W ~ z w ~(nZ W W m W ~ ~ ~ U ~ XUO vi W Q N ~ ~ U Q O J ~ ~ ~o~ z w 0 o ~. w ~ Q ~ w U N Q ~ m ~ ~ U (n a ~o z O ~ O~ ~..-~ N `O N CO Z H 9Z1-80\8002\aH N ~ ` ~ _ / Q `n ~ h / ~ ~ ~ ` cD~w ~ ~ / • ~. w ~ \ ~ ~ ~~ _ i I ~ ~W~ N I ~ O ~ N / J ~ ~ o ~ ~ ~ . ~ ~ ~ `~ N _ W o cn I I ~ m ~ Q a ~~ z~ 0 0 0 ~ ~\ ~ ~ ° I-z O N r~ \ \ ~ ~ 00 ~ ~r-~ \ \ II II II \ N J Q ~ N \ \ Cp \ \ ~ ~ •` \\ \\ ~ ~ \ \ ~ \ ~ \\ \ ~ Q\ \ \ ~ ~ p \ \ ~ N \ \ ~ N ~ ~ N \ \ CO ~ \ \ ~ ~ d~-~ \\ \ (n ~~\ \ \ ~ ~ N ~~ ~ cD ~.ri \ \ ~ u7 ~t°- o i \\ ut°i in o O ~ ~" co I \ rn ~ `~ ~ ~ ~Q~ // 1 I 0 C II M .~--i Q ~ ~ ~ ~ • `\ ~ / I / J ~ 1 / ~ ~ / ~ ~ N \ K, ~ uJ ~ ~ Z N I~ ~ ~ ~ ~ ~ ~ \ ~ ~ ~ cD ~ ~ N w - ~ O ~ 00 Z ~ N ~ N ~ `f r~ ~ ~ . ~ ~ ~ ~ ;- ~t- ~ ~ Z .~ ~ . ~ Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Murray, Project Engineer Chuck Winn, Assistant City Manager SUBJECT: Hope House MEETING DATE: 6/8/09 RECOMMENDATION: Authorize City Manager to sign the easement. BACKGROUND: Attached is a copy of the partially executed Public Access Easement, • Sewer and Water Easement, and Trail Corridor Easement for the above referenced project. Engineering, Planning, and Legal staff have reviewed the easements and found them to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: None Respectfully submitted, Robert J. Murray Jr., Project Engineer Chuck Winn, Assistant City Manager Attachments: Easement Documents Report compiled on 6/1/2009 • 31 ~.