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HomeMy WebLinkAbout12- Cape France Enterprises Public Access Easement 2434278 City of Bozeman-City Clerk CharlotteM411s 12Galla©in �ou f nty?7MRM Fee: $2MIS0 P.O. Box 1230 Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll IIII Bozeman, MT 59771-1230 - - PUBLIC ACCESS EASEMENT Cape France Enterprises, a Montana General Partnership with offices at 2020 Charlotte Street, Bozeman, Montana 59718, GRANTOR(S), in consideration of$ 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 and parking area for the use of the public in, through, and across a strip of land situated in Gallatin County, Montana, which is located on the following described property: SW 1/4 OF THE SE 1/4 OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA 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 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, EXHIBIT B A PUBLIC ACCESS EASEMENT,SITUATED IN THE SW '/ OF THE SE '/4 OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST,PRINICIPAL MERIDIAN, GALLATIN COUNTY,MONTANA. N89'50'E 38.1' COSt COS 187�A w S?D LOIN wc+ d, wo 0 30 rn ( IN FEET ) PUBLIC ACCESS EASEMENT PROPOSED SURVEYOR'S CERTIFICATE 5' WIDE SIDEWALK I I,Daniel J.Boers,Montana Professional Land Surveyor,License No.14732LS,do hereby certify that this Exhibit was prepared under my supervision in August,2012. A Public Access Easement,situated in the SW%of the se%of Section 26,Township 1 South,Range 5 East,Prinicipal Meridian, Gallatin County,Montana,more particularly described as follows: Commencing at the One-quarter comer between Section 26 and N Section 35,Township 1 South,Range 5 East,Principal Meridian, —z c:) Montana; 0 o O r*i Thence N85°31'E a distance of 597.0 feet to the Point of Beginning; Thence NOO°1 O'W a distance of 79.4 feet to a curve to the left; Thence along said curve a distance of 124.6 feet;said curve having a radius of 494.0 feet;a central angle of 14°27';a chord bearing of N07°23'W;and a chord length of 124.3 feet; Thence N89°50'E a distance of 38.1 feet to a curve to the right; Thence along said curve a distance of 87.3 feet;said curve having a radius of 531.0 feet;a central angle of 9°25',a chord bearing of S08°53'E;and a chord length of 87.2 feet; Thence SO4°10'E a distance of 116.7 feel; Thence SB9°50'W a distance of 43.9 feet to the Pont of Beginning. N8631'E Said easement contains 7,884 square feet,more or less. 26 S8T50'W 43.9' 597.0' 35 POINT OF BEGINNING \ - Daniel J.Boers,P.L.S.,CFedS Montana License No.14732LS Morrsion-Maierle,Inc., CATAMOUNT ROAD PROJECT NO J-]MORRISON 288bTerhnol B71 W OHWNBY JCHlCJF £p,ep� o9r COMFORT SUITES 2605024 .,—.,-a r. Swveywa Bozem KMT To9� ....—WD BY oda BOZEMAN MT � ! . SWonflsls DATED this `_ day of 2012. Dona . Cape, Jr. —Authorized Agent STATE OF MONTANA ENTERPRISES ) ?",PE/VRANCE ss. County of Gallatin ) On this (2�7 day of 2012, before me the undersigned, a Notary Public for the State of Montana, personally appeared Donald E. Cape, Jr.,Eed wn to me to be the person whose name is subscribed to the within instrument, and acknowledto me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) o*aryyubli or the State of Montana (Printed Name) Residing at My Commission Expires Z l 18 /2015 p THO,{�p SEAN A THOMPSON NOTARY PUBLIC for the * SEAL * State of Montana Resitting at Bozeman,Montana My commission Expires 1 F IMA February 18,2015 ACCEPTED: CIT�=E ` by City Manager BOZ . ATTEST •� .' ':h j e Cit Cl • ��- , c "� • ^-5 • ` STATE MONTANA'-.f �.♦ .c,� P}�l� County of Gallatin } On this 01- day of 2 Da 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) �.. ..... AIMEE BRUNCKHORS`I' NOTARY PUBLIC for the *NoPublic for the State of ontana a.: State of Montana MY Commission Expires { �,9rQ OF M��P�e December 04, 201?_ _ (Printed Name Residing at My Commission Expires / /20