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HomeMy WebLinkAbout12- Vertex Holdings Public Access Easement, Lots 5 and 6 Block 2 of Cattail Creek Subdivision, Phase 3 City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 2417256 Pase: 1 of 5 06106!2012 11.50;82 RM F.. $45 ©Q Charlotte Mills - Gallatin County, MT MISC 111II11111111III fill 1I111I1111$1111 It 1111111 1111111111111111111111111111 PUBLIC ACCESS EASEPUEN T Vertex Holdings, L.L.C.., with a mailing address of 103 Alton Way, Bozeman, MT 59718, and Joshua J. Flohr and Tricia M. Flohr with a mailing address of 170 4 Dot Lane, Belgrade, MT 59714, GRANTORS, in consideration of$ 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 and parking 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: Lots 5 and 5, Block 2 of Cattail Creek Subdivision, Phase 3, 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 NW 1/a of Sec. 35,T.IS., 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 GRANTORS agree: (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 GRANTORS. The GRANTORS 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 GRANTORS farther agree 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 I (2-f da ofG1 , 2012-. day of . Vertex Holding, L.L.C. By. Matthew N. Paine, Managing Member STATE OF MONTANA ) ).ss County of Gallatin ) On this day of , 24 f !before me the undersigned, a Notary Public for the State of Montana, personaIVY appeared Matthew N. Paine, known to me to be the Managing Member of Vertex Holdings, L.L.C., a Montana Limited Liability Company, 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 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. (SEAL) „1111 Susan Hjatmarsson M�,,91111 Notary PuUlc; Not y Public for e State of Montana ='\�i TAR1 ��0=for the state of Montana { � ] �o AC.x_ F3esiding at; _ !1!V 1L,3 N-_SEAL.,=� Bozeman, Montana (Printed Name) �- ,�q P My Commission Expires. OFpjta ."` July 16,2015 Residing at "" My Commission expir / 120 DATED this day of , 20 r By: 2:ZY111- By: Jd's'hua J. lohr T•icia M. Flo STATE OF MONTANA )ss. County of Gallatin ) On this& ,day of ,2011, before me, the undersigned, a Notary Public for the State of MontanVprsonally appeared Joshua J. Flohr and Tricia M. Flohr, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they 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. KRIS-fiNA L SHANNON �` r N0•TARY puBLIC for the l Ll State of Montana SEAL Residing rat apigrade,MT My Cornmiss,on expires of January 14,2014 Ngtary Public for the State of Montana rf S.4'-W /-_ ' �Slxnr (Printed } Residing My Commissi Expires / 7 /20 ACCEPTED: CITY OF BOZEMAN ,f ByC�'W City Manager . off, . . . . Av'' . ATTEST: "f':*�" {° ;•* . r L ���' . ■ i[ U City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) 4-k � On this J day of cA/Y\-�� , 2 Ubefore 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. 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