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Home My WebLink About04- Bozeman Days Inn LLC; Lot 2A, Bl 2, Amended Plat of Tange's Addition Sub-Oak St - Public Access Easement III~IIIIIIII~IIIIIIIII~ IIIIIIIIIIIIIIIIIIIIIII~ III ~t~? :~~, /.----. , f't/, It ",. Shllley Vanoe-Gallatin eo MT MISC 48,00 I~f' ------- PUBLIC ACCESS EASEMENT BOZEMAN DAYS INN, LLC, GRANTOR(S) is the owner of certain real property located in Gallatin County, Montana, legally described on Exhibit A attached hereto ("Grantor Parcel"). In consideration of one dollar ($ 1.00) and for other and valuable consideration, receipt of which is hereby acknowledged, Grantor grants to the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59715, GRANTEE, a non-exclusive public access easement for a non-vehicular multi-use path for the use of the public over, through and across that portion of the Grantor Parcel legally described on Exhibit B-1 attached hereto and depicted on Exhibit B attached hereto ("Easement Area"). The word non- vehicular is meant to apply to all those vehicles as defined in Title 61 of the Montana Code Annotated and any subsequent revisions and is specifically not meant to include any vehicles or method of transportation used by persons defined to be physically disabled by either Montana or Federal Codes. The GRANTOR(S) agrees: (1 ) To construct and maintain an eight (8) food wide multi-use asphalt path in the Easement 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 multi-use path and land appurtenant thereto as the City reasonably deems necessary. The GRANTOR(S) warrant that, subject to matters currently of record against the Grantor Parcel, they are lawfully seized and possessed of the Grantor Parcel, that they have a lawful right to convey this Easement, or any part of it, and they will forever defend the title to the Easement Area against the claims of all persons. 1111111111111111111111111111111111111111111111111111111 ~~t~~~1~~~R Sn.ll.y Vano.-Gallatin Cc MT MIse 48.00 --..-....-..........- 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 ! <is' kl.-.", day of February, 2004. GRANTOR: STATE OF MINNESOTA ) ) ss. County of Stearns ) On this --1i!!:day of February, 2004, before me the undersigned, a Notary Public for the State of Minnesota, personally appeared Larry Brutger, known to me to be the Chief Manager of Bozeman Days Inn, LLC, a Minnesota 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 the company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first written above. (SEAL) ~J),8JwA No ary Public for the State of Minnesota ~ tLlt-ri' e:..- .--.-- 1). I he(s e \AURlE D.1'HEIS (Printed Name) Wlf_fIl&IC. MIINESOTA Residing in \vAk R~jds fVI rJ :"'Ii'" "" c-...-.,bd , ExpINI-' 3', 211115 My Commission Expires 1/ '0\ /2005 - ,- '.,"" ACCEPTED: CI~B~~ , by its Acti ng Ci ty Manager STATE OF MONTANA ) ) ss. County of Gallatin ) On this 1st day of Ma rch , 20.Jli, before me, a Notary Public for the State of Montana, personally appeared Ronald F" Brev and ROBIN L. SULLIVAN, known to me to be the ActinqCity Manager and Clerk of the City Commission for 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 seal on the day and year first above written. Notauublic for t :f (-€-/y'lL.. (Printed Name) Residing at Bozeman, Montana My Commission Expires: 3./ E15 /20Q2 111111111111111111111111111111111111111111111111111111 ~A~~ 1:~~ Snelley VancI-Gallatin Cc MT MIse 48.00 EXHIBIT A Legal Description Lot 2A in Block 2 of the Amended Plat of Tange's Addition Subdivision recorded on Plat Plat H-48-D and situated in the NE % Section 1, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plats thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. EXCEPTING THEREFROM all that portion conveyed to the State of Montana for the benefit and use of its Department of Transportation by Bargain and Sale Deed recorded in Film 133, page 2330, records of Gallatin County, Montana. 1 IUIII 11111 11111 11111111111111111 11111 11111111 1111 1111 ~:t~~ 1 :~~ Sn_lllY VancI-Gallatin Cc MT MISC 48.00 ---... ,- .-.-.-----..------- ---..--. . ~ ~ ;!. ~ ~ ~ ~ ..... ~< ~~10' }... I~ ~.-. ._~.Ng e....l.O~. 10" t"P. ~\O; ~ "" ~ N~('oII()Ll"1in ~ ~ N N III 2 ~ ~ ~! z. 11888828 ~ ~ - p.; ~~~~~~;,' Q: ~ ~ ~ . S ' ai~~~:g~~ ~~ <( "'''''i'''),..:Ifi-' ~~~ Q "'N'" NN1 ~U('olI")"'IllIQ, E-c ~ ~. a uuuuu, ~ ~~I ~~ Cl ~ 9~ z ~ ~ ;001"1 Sill ~~E ...0<<:1 ,~ t; 'N" t--nll'l ~@j C <:i . ~~ n I lC-''f ~i~ "...... O~~ "'!"''''''' ~~~ ,I ""'C7Io) 'j ~ rV1\O OC71CS'l ~ " ~ ~~~ ~ ~ ~~ ,~ <I 2 8~ .,~ ~ 0 ~:::;~:J ~ I uF, ~ ~ ~ ~~ ~';I .... ._- Cl ~ ~ ::3Ct"J 0 ~ ~ ~ ~ ~ ~ ~ \ ~ '" ~ ~ ~ ~ u:l ""'- ~ ~ ....1- ~:B~ ~a~ ~~~ 1111111111111111111111111111111111111111111111111111111 ~~t~~~?~~~R SnalllY Vanoa-Gallatln ec MT MIse 48,00 MORTGAGEE'S CONSENT The Undersigned, in its capacity as mortgagee, hereby consents to the foregoing Public Access Easement dated February 4,2004, by and among Bozeman Days Inn, LLC, a Minnesota limited liability company, and the City of Bozeman, a Municipal Corporation of the State of Montana. Stearns Bank, N.A. /7 ,J ~i/~ By: _ " ,~ "'~u ,../, lis: VN-,,~(j/ _ STATE OF MINNESOTA ) , )SS. COUNTY OF AI.(Qr1fJ' ) On this 4-~ay of February, 2004, before me the undersigned, a Notary Public for the State of Minnesota, personally appeared~Je,-' l ;>t:1Qaft.fft', known to me to be the_ !?""(J'icle.Jt I of Stearns Bank, N.A., a n~tional banking association, 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 the association. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first written above. ~,-.l CIU7</~ (SEAL) NOIZ;;PUbIiC for Ihe ~t~te OfM, innesota dr/I' K, C / tJ t( h (j~ (Printed Name I ~"^'. Residing in r- (! rJ/A...j( T~ My Commission Expires 1/ J I / 0')5 11111111111111111 111111 IIII11IIIIII~11 1111111111111111 ~:t2~~?:~: Snellay Vanoa-Gallat1n Co MT MISC 48.00 ---..-. --. --."...- MORTGAGEE'S CONSENT The Undersigned, in its capacity as mortgagee, hereby consents to the foregoing Public Access Easement dated February 11-,2004, by and among Bozeman Days Inn, LLC, a Minnesota limited liability company, and the City of Bozeman, a Municipal Corporation of the State of Montana. First National Bank of Montana By: rkJJ ~# ~. 1- Its: ~}J~ P~/M STATE OF MONTANA ) ~)SS. COUNTY OF ) On this JfL~y of February, 2004, be~~ersigned, a Notary PUb~ '\J~sonaIlY appeared , known to me to be the " f First National Bank of Montana, a national banking association, 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 the association. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first written above. \\111\\111111/11111 (SEAL) #"" G f\ A H..q ;:/0. Nota Public for the State of Montana ~ '?- ..... ~ ~().. ~. ~ ~ ~ . p,IAL. '*- LINDA GRAHAM ::: ..... . o-f", f>.. . ~ -....J. +: - -= .~ ....... . == (Printed Nam :;: . -- ~'<(E ~ " '2>bP\. :~~ Residing in "*- ~ .'~~ ~. . ~ ~ My Commission Exp s ~ UI~ . . . . . ~o ~ '0///JI-q1t: Of \\\"~" 11111/ 1/111 \I nll\ 11111111111111111111111 III 11111111 11111111 1111111111111 ~:t~?:~~, Shllley Vanca-Gallatln ec MT MISC 48.0121 n..____ , , , EXHIBIT B-1 SHOWING THREE PUBLIC ACCESS BASEMENTS ACROSS LOT 2A OF TANGE'S ADDmON TO BOZEMAN SrnJATED IN THE NE1I4 SBC1l0N I, TIS, R.SB, P.M.M., CITY OF BOZEMAN. GAU.ATIN COUNTY, MQNTANA ~A~~T 1 I An eosement across lJ tract of land situoted on Lot 21. of Tonge's Addition to Bozeman situated In the NE1/4 Section " T2S. R5E, P.M.M., City of Bozeman, Gallatin County, Montano, and being fl.lrther deseribad a. follows: Beginning at a point on the south line of said Lot 2A which beare N89....0.1gKE 0 dilltat'lce of 13.91 f.et from the southwest carner of said lot 2A; thenee (l1) N00"15'37"W a distance of 7.10 feet; thence S83'46'49"E 0 distance of 62.29 feel to 0 point on Bold IJovtn IInei thence alon; lold south line 589'40" g"w (Ii d1stance of '51.89 fect to the Point of Beginning. ' ~ASntENl 2 An eosement across a tract of land sltuoted on l.ot 21. of Tang.'e Addition to Bozeman eltuated In the NEl/4 Section 1, T25. R5E. P.M.M., City of Bozeman, Gallatin County, Montano, and beinljl further 'described as follows: Beginning at Q point on the south lille of oold Let 21\ wnlch bears S89'S9'21.W 0 dl.tonc. of 43~_27 feet from the TI~theoet corner of said Lot 21\; thence 01009 (C1) a non-tangent curve to the left nvin<jJ Q radial bearing of NOO'OO'Jg"W and 0 rodlt.l' of 35.00 feet 0 dlotance of 13.79 feet; tn.nce alon~ (Ci) Cl curve to the rl9ht havl, 0 radius of 35.00 fut a distance of ~7.58 feet; thenoe along (C3) 0 ~uf...e to the left hovlno 0 radiu3 of 5.00 feet 0 distance of 13.19 feet to a poInt on the .outh line of said ~at 21.; thence, alOflg lPQld .owt,.. line S89'59'21.W 0 distance of 53.74 feet to the Point of Beginning. r~~T 3 I An eO$ement across a tract of land situated on Lot 21. of Tan;,'s Addltlen lo B02eman situated: in the NE1/4 Section " T2$, R5E. P.M.M.. City of Bozemon, Gallatin Counly, ""01'1 taM. and being further 'dtIPcrlbed (15 follows: I Bl9innlng at a poinl on the south line of said lot 21. wh;cn bears SB9'S9'2'.W 0 dietance of 274.62 feet from U..e southeast carner of told Lot 2A.i thence along a non-tangent curve to the left he...lng 0 radlol bearing of NOO'OO'39"W and CI radlu. of 20lS.00 feet a ell,tance of 76.75 feet: thllmce along 0 curve to the rIght having 0 radius of :34,00 fHt Q dl.tance of 33.22 feeh thef1ce along Q curve to the left having a radIUs of 60.00 feet a distance of 38.15 f"t to a polnt on the south Une of said Lot 2A: thenc, Qlong said south line (l.2) S89'S9'2'''W 0 dlstanc. of 32.00 fe.t: th.nc. along (C4) a non-tongent curve to the right havlnljl 0 radlol b.arlno of N28'OJ'42"E Clnd a radIus of 68.00 fe,t 0 distance of 7.66 fe.t; thence along (C5) Q curve to th. I.ft hovln1 a radius of 26.00 fut a distance of 25.40 f.et; thence alan; eel) a curve to the rl;M having a radius 0 213.00 feet a distance of 21.18 feat to a poInt on laid south IIn : thence along said SD\,Ith Il1'Ie(Lj) 589'5i'2'''W tI distanc. of S7.8J feet to the Point of a.ginning. I i I i I I i I PROJECT: 02-600 PA~c; 2 OF' 2 DRAWING.. 02t/.O-SITE~PLAN.OM.: 4lJtj ~5-0'~ TAB.' X81 DA7C.. 1/9/0~ i 1111111111111111111111111111111111111111111111111111111 ~~t1~~1~~~R I I Shalley Vance-Gallatin Cc MT MISC 48.00 i ..~.__.__._._-' ,.-.-