HomeMy WebLinkAbout09- Saam Real Estate (Greek Way Apts.) Public Access Easement~.
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Bozeman City Clerk
P.O. Box 1230
Bozeman, MT 59771
2342380
`~ Ra~QYV'~ Page: 1 of 4 09!16!2009 11:19:52 RM Fee: $28.00
Charlotte Mills -Gallatin County, MT MISC
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PUBLIC ACCESS EASEMENT
SAAM REAL ESTATE, INC., GRANTOR(S), in consideration of one dollar ($ 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 Avenue, Bozeman, Montana 59771, GRANTEE, a public access easement for a sidewalk
for the use of the public in, through and across a 3 foot wide strip of land situated in Gallatin
County, Montana, which is located on the following described property: Lot 4A of the
Amended Plat of Lots 4 & 5 of Greek Way Subdivision, located in the Southeast Quarter of
Section 13, T2S, RSE, P.M.M., City of Bozeman, Gallatin County, Montana.
The easement is more particularly described on the attached Exhibit A which by this
reference are made a part hereof.
The GRANTOR(S) agrees:
(1) To construct and maintain the sidewalk 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 sidewalk and land appurtenant
thereto as the City reasonably deems necessary.
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.
The GRANTOR 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 ~? day of , 20~.
GRANTOR: ~ ~~i~~ ~ ~ C~~ ~ ~ 5 ~
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STATE OF MONTANA )
ss.
County of Gallatin )
On this ~ ~ day of ~ u-a~t , 20 o ~ ,before me the undersigned, a
Notary Public for the State of Mokltana, personally appeared, i'Y)~t-2 iAnin~E ~. Liet3mFi~t n! ,
known to me to be the i'RL~I AE~r of SAAM REAL ESTATE, INC., 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 SAAM REAL ESTATE, INC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and yearwfirst above written.
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N ary ublic for the State of Montana
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(Printed Name)
Residing in ~v2_¢.wicu~._.
My Commission Expires ~ / ~ /20 1 I
ACCEPTED:
CITY OF BOZEMAN
by
City Manager
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County of Gallatin )
On this ~ n d day of S~~W~6~ , 200, before me, a Notary Public for
the State of Montana, personally appeared CHRIS A. KUKULSKI and STAGY ULMEN, known
to me to be the City Manager and City Clerk for 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 on
the day and year first above written.
(SEAL)
Notar Public for the State of Montana
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P
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(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: _/ /20,
AIMEE KISSEL
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FOR THE tiTL1TE OF MUNTl.1N[~
R ESIUING AT
E3 C)ZEMAN. MONTnNA
MV COMMISSION EXF'IRES~
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EXHIBIT A
PUBLIC ACCESS EASEMENT
ACROSS LOT 4A OF THE AMENDED PLAT OF LOTS 4 & 5
OF GREEK WAY SUBDIVISION (F-45-A)
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 13,
TZS, R5E, P.M.M., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
0~
~1
~0-
5
G ~
EXISTING 5' WIDE EASEMENT
~_ FOR WALK IN LOT 3
~ \\68 38 LoT 3
--~\ ~3'F
\ 231. gs ,
N61 ° 18'00"W~ \
23.50' ~ ~ o°
NEW PUBLIC ACCESS ~ "683803 ~\ \ ~ ~
EASEMENT IS HATCHE~ ~ ~318g \
w
i / ~ prFR(iNf ~
/ i \T ~ ~fSSR~~Nf \
C
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~ LOT 4A
N ~
0 50'
I I I I
S CAL E
BEARING BASIS: AMENDED PLAT F-45-A
R=205.00'
A=3.00'
~=00°50'23"
~ Ch. Brg. S18
~ Ch. Dist. 3.0(
THOMAS, DEAN & HOSKINS, INC.
ENGINEERING CONSULTANTS
DRAWN BY: SA
QUALITY CHECK:
DATE: 7/29/09 FB:149 17 TDFC
JOB N0. B07-083 ~
CAD N0. 7083X1.dwg
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Rick Hixson, City Engineer
Chuck Winn, Assistant City Manager
SUBJECT: Greek Way Apartments Public Access Easement
MEETING DATE: August 24, 2009
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager to sign the Public Access Easement.
BACKGROUND: Attached is a copy of the public access easement for the installation of a sidewalk
on the above referenced project. Engineering staff has reviewed the easement and found it to be
acceptable.
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Commission.
Attachments: Public Access Easement
Report compiled on: 8/18/09