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HomeMy WebLinkAbout13- Dairy Queen Public Access Easement City of Bozeman-City Clerk 2`445320 Page: of 3 0410312013 09:17-25 AM Fee: $21 00 Charlotte MISC P.O. Box 1230 tt e Mills - Gallatin County, MT Bozeman, NIT 59771-1230 PUBLIC ACCESS EASEMENT Dairy Queen, GRANTOR(S), in consideration of one dollar ($ 1.00) and for other 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 sidewalk for the use of the public in, through and across a 10 feet wide strip of land along the east boundary of the lots situated in Gallatin County, Montana, which is located on the following described property: Lots 7-10 of Block 8 Less HW on E End of Lots Plat B-24of Springbrook Addition to the Cit of Bozeman, Located in the Section 12 2 South, Ran ge_5 East,Principal Meridian Montana,.Gallatin County, Montana. The GRANTOR(S) agrees: (1) To maintain the sidewalk 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 sidewalk and land appurtenant thereto as the City reasonably deems necessary. (3) The Grantor and the City of Bozeman acknowledge that any setbacks required along North 7"'Avenue will be measured from the actual property line and not from the edge of the public access casement established by this casement. 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 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. DATED this I day of Ded, 20 12-- GRANTOR: STATE OF MONTANA ) ss. County of Gallatin On this "i day of 20 1 2i before me the undersigned, a Notary Public for the State of Montana,personally appeared known to me to be the of &%t e,' L LQ— and the person whose name is subscribed to the within I*nstrument and acknowledged to me that he executed the i within instrument for and on behalf of)66-70 Lt--C-- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written, (SEAL) i iotar , Public fot°the State ofl�Iontana c r s Ica' CA�`OL ©W�i�L Note for the.,.° * s� frr� at, ratan (Printed Name) ✓ +'gem tr.fl-, �1 icrltarla ._, orrr'7 i-9ij I,r em, ovoResidin in -'Ja My Commission Expires 1, 20 .3 _ ACCEPTED: CITY F B%E � by City Manager ...�._ .. ATTES Ar - f m y &I CIe A y STATE OF MONTANA ) ) ss.. County of Gallatin On this ` day of 2fl ,before e, a Notary Public for the State of Montana,personally appeared CHRIS A. KUKULSKI and STACY ULMEN,known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument„ and acknowledged to the that they executed the saine for and on behalf of the City of Bozeman, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year first above written. (SEAL) R16 (11c" AIMEE BRUNCKHORST � NOTARY PUBLIC for the Slate of Montana SEAL Residing at Belgrade,Montana ��a5 „ pa My Commission Expires December 04,2015