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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dustin Johnson, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Haggerty Lane Cottages—Public Access and Public Park Easements
MEETING DATE: 1/22/07
BACKGROUND: Attached are copies (original to Stacy Ulmen), of the partially executed
easements for the public access and public parks for the above referenced
project. Engineering staff has reviewed the easements and found them to
be acceptable.
RECOMMENDATION: Authorize City Manager to sign.
FISCAL EFFECTS: N/A
ALTERNATIVES: None
Respectfully submitted,
Dustin Johnso , roject Engineer Chris A. Kukulski, City Manager
Attachments: Easement Documents
Report compiled on 1/15/08
PUBLIC ACCESS EASEMENT
Cottages Partners I LP, 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 411 East Main, Bozeman,
Montana 59715, GRANTEE,public access easements for a driveway for the use of the public in,
through a strip of land situated in Gallatin County, Montana,which is located on the following
described property:
Lot 4A-3 of Minor Subdivision 162D, situated in the SE 1/4 of Section 8 and the NE 1/4 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 ACCESS EASEMENT
EXHIBIT A, which by this reference is made a part hereof.
The GRANTOR(S) agrees:
(1) To construct and maintain the driveway and parking area 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 parking area 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(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.
Haggerty Lane Cottages Public Access Easement
Page 1 of 3
DATED this ay of 2008.
By:
Cotta s Partners I, L
By: Cottages Partners its g.p.
William C. Dabney III, its President
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 2008, before me the undersigned, a Notary
Public for the State of Montana, ersonally peared Lug ,- C- V -1 known to
me to be " :ra of Sl and the person whose name i'g subscribed to
the within instrument and acknowledged to me that he executed the within instrument for and on
behalf of Cc0Q,r,ate
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
F7JANrE--7TL SHULLy Public Montana
N tary Public for the State of Montana (SEAL)
L. 'Sh,'-l\
(Printed Name)
Residing at,�50, uOA A\ ,c*r s Q
My Commission expires ft\C,y 1ai /20
Haggerty Lane Cottages Public Access Easement
Page 2 of 3
ACCEPTED:
CITY OF BOZEMAN
by
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of , 2008_,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.
Notary Public for the State of Montana (SEAL)
(Printed Name)
Residing at
My Commission expires / /20
Haggerty Lane Cottages Public Access Easement
Page 3 of 3
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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 1/4 of Section 8 and the NE 1/4 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.
Haggerty Lane Cottages Public Park Easement
Pagel of 3
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 thise day of ( 72008.
By:
C ages Partners ,
By: Cottages Partners its g.p.
William C. Dabney III, its President
STATE OF MONTANA )
)ss.
County of Gallatin )
On this I-day of �, • ,2008, before me,the undersigned, a Notary
Public for the State of Mont a, personall 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)
N tary Public for the State of Montana
JANET L. SHULL (Printed Name)
Notary Public Residing at
State of Montana My Commission pires N\ / 1¢i_/200 I
Haggerty Lane Cottages Public Park Easement
Page 2 of 3
ACCEPTED:
CITY OF BOZEMAN
by
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of , 2008,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)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission Expires / /20
Haggerty Lane Cottages Public Park Easement
Page 3 of 3
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