HomeMy WebLinkAbout09- Western Montana Mental Health Center Trail Corridor Easement
Bozeman City Clerk
~ '' P.O. Box 1230
- Bozean,l~IT 59771-1230
2342385
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TRAIL CORRIDOR EASEMENT
Western Montana Mental Health Center, a private non-profit corporation
(GRANTOR), 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 121 North Rouse Avenu e, Bozeman,
Montana 59715, (GRANTEE), a trail corridor access easement 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:
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
property) and as more particularly described on the attached TRAIL CORRIDOR EASEMENT
EXHIBIT A, which by this reference is made a part hereof.
The GRANTOR warrants that it is lawfully seized and possessed of the Property and is
authori~~ed co grant this easement. The GRANTOR further agrees that the GRANTEE may
peaceably hold and enjoy the rights and privileges herein granted without any interruption by the
GRANTOR:
Grantor is not responsible for any cost related to the creation, development, improvement or
maintenance of such Trail Corridor Easement until there is a completed Class 2 trail connection
to the west of the Trail Corridor Easement.
In order to preserve the aesthetic value of the easement area, the Grantee shall not
commit waste or allow refuse on the easement and shall keep the easement in a neat and tidy
condition.
The easement area is intended for use by pedestrians and bicyclists and shall not be
opened for motor vehicle use, except for maintenance purposes.
Grantee shall not be entitled to construct or place buildings or structures on the easement
area except trail signage shall be allowed on the Trail Corridor Easement.
Grantee shall not be entitled to assign or transfer its rights hereunder. without the consent
of Grantor.
In the event of a breach of this easement agreement, Grantor and its successors and
assigns and Grantee shall be entitled to all remedies available under Montana law. In the event
any action is brought to construe or enforce the terms of this instrument, the prevailing party
Hope House Trail Corridor Easement
Page 1 of 3
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shall be entitled to recover its reasonable attorney fees.
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. 1
,~ ,
DATED this'~~ day of , 2009.
GRANTOR
By: ~t'~
STATE OF MONTANA )
~~~~ss~~y~ )as
County of•~ )
On this '' ~'' ~~ day of ~'~~ , 2009, before me the undersigned, a Notary
Public f he State of Montana, per ovally appeared ~ fr, ~, c. ~e w~ ,known to
me to be ' -, of and the person whose name is subscribed to
the within instrument and acknowled ed to e that he executed the within instrument for and on
behalf of ~ °' .i...-1~~-.,.,,~~, ,~I-~ 1_..~ ~:-,-7~/'
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
,i
Notary Public for the Sta e of Montana
(Printed Name) ~
Residing at °~ SSya.,ilcr
My Commission expires o i /_~/20~
ACCEPTED:
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byTY OEM ,
City Manager
Trail Corridor Easement
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STATE OF MONTANA )
)ss.
County of Gallatin )
On this o`~3 rd day of ~L.yyLe..J , 2009, before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, 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.
Not ry Public for the State of Montana (SEAL)
(Printed Name) ~~~1111 I I I I I//~~~
Residing at ~~~~~~E• K ~ S S~/~~~
My Commission expires / /20 ~ ~~ ~ i ~ ~_
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AIMEE
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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
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