HomeMy WebLinkAbout09- Cottages Partners Public Park EasementBozeman City Clerk
P.®. Box 1230
Bozeman, MT 59771-1230
~--~ 2342384
J PUITT6D Page: 1 of 3 09/16/2009 11:19:52 AM Fee: $21.00
Charlotte Mills -Gallatin County, MT MISC
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PUBLIC PARK EASEMENT
Cottages Partners I, LP; GRANTOR, in consideration of One Dollar ($1.00) and other good
and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman, a
municipal corporation of the State of Montana, 411 East Main Street, Bozeman, Montana 59771-
1230, GRANTEE, its successors and assigns, a perpetual easement for public park purposes,
over and across a parcel of land being irregular in shape, situated in the City of Bozeman,
Gallatin County, Montana and located on a portion of the following described real property:
Lot 4A-3 of Minor Subdivision 162D, situated in the SE '/ of Section 8 and the NE '/ 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 PARK EASEMENT
EXHIBIT A, which by this reference is made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns,
and its and their agents and employees, and for the general public, to enter at all times upon the
above described easement by using existing roads or trails or otherwise by a route causing the
least damage and inconvenience to the GRANTOR, to enable public access through the private
land from adjoining properties to the public park with the said public park and public access
easements being shown on the attached Easement Exhibit.
THE GRANTOR AGREES THAT:
(1) The GRANTOR warrants that he is lawfully seized and possessed of the real
property described above, that he has 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.
(2) 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 Gl , 2009.
By:
Cottages Partners I, L
By: Cottages Partners its g.p.
William C. Dabney III, its President
STATE OF MONTANA )
)ss.
County of Gallatin )
Haggerty Lane Cottages - 2009
Page 1 of 2
Public Park Easement
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On this day of ~ ,2009, before me, the undersigned, a Notary
Public for the State of Montana, pe nally appeared William C. Dabney III known to me to be
the person whose name is subscribed to the within instrument, and acknowledged to me that
he/she did execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
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ACCEPTED:
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Notary Public for the State of Montana
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CIT(~" "'oBQZE~~~
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City Manager
On this o~0~' day of (,t ,~ , 2009, before me, a Notary Public for
the State of Montana, personally appear d CHRIS KUKULSKI and STAGY 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 m}}~~ Notarial Seal the
AIMEE KISSEL
day and year first above written. N ~ T~ ~ ~ ~ ~ B ~, ~
F=UR THE 5T4TE OF MONT~N!]
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F3 C)ZEMAN, MONTAN4
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Notary Public for the State of Montana
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Haggerty Lane Cottages - 2009 Public Park Easement
Page 2 of 2
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REPORT TO:
FROM:
SUBJECT:
Honorable Mayor and City Commission
Dustin Johnson, Project Engineer
Chuck Winn, Assistant City Manager
Haggerty Lane Cottages -Release and Reconveyance of previously
recorded easements and new Public Access, Public Park, and Sewer and
Water Pipeline and Access Easements.
MEETING DATE: August 10, 2009
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize City Manager to sign.
BACKGROUND: Attached is a copy (originals to Stacy U.), of the Release and
Reconveyance of previously recorded easements, and new partially
executed easements for the Public Access, Public Park, and Sewer and
Water Pipeline and Access Easements for the above referenced project.
Previously, the land owner recorded various easements for a development
and has since submitted a revised site plan that required the alteration of
some of the previously recorded easements. Engineering staff has
reviewed the easements and found them to be acceptable.
FISCAL EFFECTS: N/A
ALTERNATIVES: As suggested by the City Commission.
Attachments: Easement Documents
Report compiled on: 8/4/09