HomeMy WebLinkAbout09- Oak Springs Estates Public Sidewalk EasementChy of Bozeman -City Clerk
P.QBox 1230
Bozeman, MT 59771 -1230
PUBLIC SIDEWALK EASEMENT
2349
Page: 1 of 2 82 12 01:3610 PM Fee: $14.00
Charlotte Mills Gallatin County, MT MISC
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Oak Springs Estates, LLC, GRANTOR, in consideration of 1.00 and for other good 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 59715, GRANTEE, a public access easement for a concrete
sidewalk for the use of the public in, through, and across a 5.5 foot wide strip of land situated in
Gallatin County, Montana, which is located on the following described property: Lots 1, 2, 3
and 4, Block 1, Lots 1, 2, 3, 4, 5 and 6, Block 3 and Private Open Space #1, Oak Springs
Subdivision Phase 4.
The easement is more particularly described as follows:
A perpetual easement for public sidewalk purposes over and across the south 5.50 feet of
Lots 1, 2, 3 and 4, Block 1, the south 5.50 feet of Lots 1, 2, 3, 4, 5 and 6, Block 3, and the
south 5.50 feet of Private Open Space #1, OAK SPRINGS SUBDIVISION PHASE 4,
City of Bozeman, according to the plat thereof, on file and of record in the office of the
Clerk and Recorder, Gallatin County, Montana. (Plat J-475)
The GRANTOR and GRANTEE agree as follows:
(1) The GRANTOR will construct and maintain the sidewalk at its' own expense in
accordance with relevant City Ordinances, including, but not limited to all major and
minor repair work. The City of Bozeman will be responsible for snow removal.
(2) To allow the City to make any and all inspections of the sidewalk and land appurtenant
thereto as the City reasonably deems necessary.
(3) If the sidewalk in this location was in need of replacement, it could be replaced so that
the north edge of the sidewalk would be 0.50 foot south from the north right of way line
of Durston Road, and the need for this easement would then be extinguished, and the
easement then terminated. This would be optional to the current property owner of the
lot adjacent to the sidewalk being replaced.
The GRANTOR warrants that it is lawfully seized and possessed of the real property described
above, that it has a lawful right to convey an easement thereon, or any part of it, and that it 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 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.
Grantor: Oak Springs Estates, LLC
DATED this day of /.�i�— 200 By: L
Printed Name: /f /c;,:r�"2._ jh-,tc44„c.-r
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STATE OF MONTANA
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County of Gallatin
On this /0 day of 200_/_, before me the undersigned, a Notary
Public for the State of /rf "1- pe onally appeared Michael D. Stewart, known to me to be a
member of Oak Springs Estates, LLC, a Utah Limited Liability Company, and the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same
for and on behalf of said Limited Liability Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Notary Public fe the State of Montana
Printed Name: tJ
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Residing at 714144t /ki T
My Commission Expire /20
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BOZ0man, Montana
My Commiauiort E•xpirem
July 16, 2011
By F BOIZ2
its City Manager
l ager
County of Gallatin
On this
day of nthb ioz. 20 et, before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and BRIT T FONTEN^T, �U1I�III°.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.
,f/YVI
Notary P%iblic for the State of Montana
Printed Name:
Residing at
My Commission Expires /20
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