HomeMy WebLinkAbout09- Manley Road Industrial Place (Backcheck) Public Access Easement r Return To: 2349820
Bozeman City Clerk Page: 1 of 4 12/21/2009 01:36:10 PM Fee. $28.00
PO Box 1230 Charlotte Mills Gallatin County MT
Bozeman, MT 597].8 MISC
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PUBLIC ACCESS EASEMENT
BACKCHECK, LLC, 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
Avenue, Bozeman, Montana 59715, GRANTEE, a public access easement for a driveway for
the use of the public in, through, and across a 30 -foot wide strip of land situated in Gallatin
County, Montana, which is located on the following described property:
Lot 12 of Gallatin Park Subdivision, situated in the southeast quarter (SE1 /4) of Section
36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Said easement more particularly described as follows:
Beginning at a point on the north line of an existing 40 -foot wide Shared Drive Access, said
point being N 80° 30'58" W, 1.14.38 feet from the southeast corner of Lot 12 of Gallatin
Park Subdivision; thence from said Point of Beginning, S 89° 24'49" W, 30.00 feet;
thence N 00° 35'23" W, 46.00 feet; thence N 89° 24'49" E, 30.00 feet;
thence S 00° 35'23" E, 46.00 feet to the Point of Beginning.
The easement is more particularly described on the attached Exhibit A which by this
reference is made a part hereof.
The GRANTOR(S) agrees:
(1) To construct and maintain the temporary emergency access driveway 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 land appurtenant
thereto as the City reasonably deems necessary. Na� an atf eati ve Ilai
because Re- b kr4 is
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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(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 �&ay of 2009.
BACKCHECK LLC:
Dennis Steinhauer, Managing Partner for BACKCHECK, LLC
STATE OF MONTANA
):ss
County of Gallatin
On this I day of d( 'b -ems 2009, before me the undersigned, a Notary
Public for the State of Montana, personally appeared Dennis Steinhauer, known to me to be the
Managing Partner of BACKCHECK, 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 BACKCHECK, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Glenda C. Howze
a OP`. C. MO•> Notary Public
a
;�pTARIq�•n< for the state of M ontan
N to y Public for the State of Mon a Residing a
e .SEAL.' c Bozeman, Montana
q MY Commission Expires: (Printed. Name) December 14, 2012
Residing at
My Commission- Aires /20
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ACCEPTED:
by TY r {DF BpZE
pF. B a2�' City Manager
ATTEST"-
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City Clerk g
CO. Rio
STATE OF MONTANA
)ss.
County of Gallatin
On this day of 0[4o(?e: 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.
Notaj Public for the State of Montana
.4 lX
rvoTnrtnr (Printed Name)
Residing at
E I My Commission Expires /20
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dustin Johnson, Project Engineer
Chuck Winn, Assistant City Manager
SUBJECT: Manley Road Industrial Place Public Access Easement.
MEETING DATE: October 26, 2009
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize City Manager to sign.
BACKGROUND: Attached is a copy (originals to Stacy U.), of the Public Access Easement
for the above referenced project.
This easement is necessary for the proposed development to provide an
adequate emergency turnaround to serve the lot. The proposed
development is has a shared access onto Manley Road with a lot to the
north. The easement is being provided by the property owner to the north
and will serve both lots.
FISCAL EFFECTS: N/A
ALTERNATIVES: As suggested by the City Commission.
Attachments: Easement Documents
Report compiled on: 10/16/09