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HomeMy WebLinkAbout09- Cottages Partners Public Park EasementBozeman City Clerk P.®. Box 1230 Bozeman, MT 59771-1230 2342384JPUITT6DPage: 1 of 3 09/16/2009 11:19:52 AM Fee: $21.00 Charlotte Mills -Gallatin County, MT MISC IIIIIIILIIIIII_IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII- - _ ---- -- -- 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 ofthe 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 '/ of Section 8 and the NE '/ 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. The terms, covenants, and provisions ofthis easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this day of Gl , 2009. By: Cottages Partners I, L By: Cottages Partners its g.p. William C. Dabney III, its President STATE OF MONTANA ) ss. County of Gallatin ) Haggerty Lane Cottages - 2009 Page 1 of2 Public Park Easement 1. r ~ On this day of ~ ,2009, before me, the undersigned, a Notary Public for the State of Montana, pe nally 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) Q. ~pTAR/q~ ~~' yt~• ••* ri~,~,,o~ ~~ ACCEPTED: r 4 ,~ .1 ~ r r'4 i~ e ~ .a ~} ~ r~A~~~~~,~I~,~t~~NA ) County (~~'llatin ) Notary Public for the State of Montana ice- \ ` i U:('~ 1.-~`~ 1~ *t Printed NameResidingat \ c`3Z~~lV`O. `~ _ My Commission Expires w/~/20~ 3 CIT(~" "'oBQZE~~~by ~( City Manager On this o~0~' day of (,t ,~ , 2009, before me, a Notary Public for the State of Montana, personally appear d CHRIS KUKULSKI and STAGY 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 m}}~~ Notarial Seal the AIMEE KISSELdayandyearfirstabovewritten. N ~ T~ ~ ~ ~ ~ B ~, ~ F=UR THE 5T4TE OF MONT~N!] HEtiiC7/NG 4T F3 C)ZEMAN, MONTAN4 SEAL) \\\\,'~l il'~//~~ ~~Y (: UIVIMI~itiIUN EXPIRES t~r- i 1 i l11\\~` Notary Public for the State of Montana Printed Name) Residing at My Commission Expires / /20 Haggerty Lane Cottages - 2009 Public Park Easement Page 2 of 2 G: \ACAD\2006\06-120 Dabney - Haggerty\dwg\Easement\Park Easement-2009 Modifications.dwg 1 ' I I I I I \~ oIIIII ~ ~A I ~ ~m I •~ ~ --rZ*i < C7 "~e~ D C O mWz O D ~ W Z ZO/ Z z O C V'fV Z G0 o n c c OIL o m ~ Q C7 DppIN I I I D N O I N~ I I I~P Gi Imo, Om00I I 0 ~ Dl0 aoo I~ D~m P I I~ `o~~~ ~,cn rv o tiNIwl ~I of I /moo I rn I r--ri tiII b~ I o MIV ~' ~L IrriI I I 1 o av w I v D' W N 01'37 53"E fTl 96.10 n I I I R?~~99~ ~ y °o I I a FARMHOUSE LANE `~ • ~~ , a ~ 60' EASEMENT -`• ~ o ~ o m D rn m Z fV = cn r*1 Z O~ fTl f~l 0 r~ m n 0 z Z v Z f~l r~ rn 0 C n Z77 D m Z X D fTl Z ~fTl O ~ P ~ D ~o0 rl m O D 1 ~rr1 m z z o -~ C~ BOZ to '~ t Commission Memorandum REPORT TO: FROM: SUBJECT: Honorable Mayor and City Commission Dustin Johnson, Project Engineer Chuck Winn, Assistant City Manager Haggerty Lane Cottages -Release and Reconveyance of previously recorded easements and new Public Access, Public Park, and Sewer and Water Pipeline and Access Easements. MEETING DATE: August 10, 2009 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize City Manager to sign. BACKGROUND: Attached is a copy (originals to Stacy U.), of the Release and Reconveyance of previously recorded easements, and new partially executed easements for the Public Access, Public Park, and Sewer and Water Pipeline and Access Easements for the above referenced project. Previously, the land owner recorded various easements for a development and has since submitted a revised site plan that required the alteration of some of the previously recorded easements. Engineering staff has reviewed the easements and found them to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Attachments: Easement Documents Report compiled on: 8/4/09