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HomeMy WebLinkAbout10- Cottonwood Road, HRDC, Public Access EasementCity of Bozeman City Clerk P.O. Box 230 Bozeman, MT 59771 -1230 00 0W CO N 69 Ol i o C= N o U d C 0 immomm a te— e C PUBLIC ACCESS EASEMENT FOR OPEN SPACE AREA Human Resource Development Council District IX, Inc., with a mailing address of 32 South Tracy Avenue, Bozeman, MT 59715, GRANTOR, 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 an open space area for the use of the public in, through, and across a parcel of land being irregular in shape, situated in Gallatin. County, Montana, which is located on the following described property: Lot 2 of Minor Subdivision No. 340, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the SW Va of Sec. 10, T.2S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly shown and described on the attached "Exhibit A which by this reference is made a part hereof. The GRANTOR agrees: (1) To construct and maintain the open space, equipment, structures and facilities at their own expense in accordance with relevant and applicable City Ordinances. (2) To allow the City to make any and all inspections of the open space and land appurtenant thereto as the City reasonably deems necessary. (3) To allow public access 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. The GRANTOR warrants 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 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 thi County of Gallatin day of STA i E OF MONTANA ):ss B ,20/ Human Resource Development Council, District IX, Inc. Donna West, Chair, Board of Directors Nt�TARI,q� i u Martin Johnson Notary Pubic or the State of Montana Residing et: Bozeman, Montana My Cornmission Expires: February 03, 2014 On this day of J 20 ID before me the undersigned, a Notary Public for the State of Montana, perso ally appeared Donna West, known to me to be the Chair of the Board of Directors of Human Resource Development Council, District IX, Inc., a Montana Corporation and the person whose name is subscribed to the within instrument and acknowledged to me that she executed the within instrument for and on behalf of Human Resource Development Council, District IX, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (S Johnson Notary Public the State of Montana *4 Residing at: Q v -...cr SEAL Bozeman, Montana --,1" My Oornrnison Exptres: February 03, 2014 ACCEPTED: CITY OF BOZEMAN Manager 0 s' C ty STATE Oil NIONTAIsTA. )ss. County of Gallatin Notar Public ir the State of Montana e (Printed Name) Residing at 42,604evyt_ 011 My Commission expires a /20 by On this day of 3{A IL) 201'0, 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. (SEAL) tf, S IE It L My Commission Expires /20 Not ry Public for the State of Montana (Printed Name) Residing at ARVIEE KIS_SEL Pi 0 T.CaF-C V I- (J131_1 C: F I T TATE or TVT (3 T fs4 14 1_ 1 LI :IN T c) z IVI cvl ruirar4 rtri V CC) rvi rvi 0. li O Q w N z 0. H vi z 1— w cy Z Qa w Oz �z U O0 a 141 cn O 1/1 J a m 0. r p w O z o w U 0 J 1 L a 8 L4 o?, Q� oM C_+ 0 7r4 so aQ'7 n Yi L, J-, T t o r 1 se a a 2 CPC Mar, -21 09.33 072'04' r V L: 090'22'04" 221.81 471 PX H.rygSflTK g.� 27022'55' 270'22''555 27 s`4� Fallon Street 090"220.5 0902$`55" 55.13 l 2.86 11 8 12.00 gy"'^ 09022'55" 70.40 X7022'04' 0 J a. C&hi 1PC 0 V 0