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HomeMy WebLinkAbout05- Gateway Partners, LP; Lots 1, 8 of Bl 31, Harvest Creek Sub - Emergency Vehicle Access Easement .' . . ,'I " ~ r--;::-~".""~' .. \ Vf_Fl;\,111ll " .-- IIIIIII.I~III ~~1,1.02 lhallay Yanoa-Gal1atln Co I'IT I'Irs 12/28/200511,S5A '------~~__ C 21.00 Upon recording, please return to: C/iy o.f 8tJz,-eI114-?-v f' () ~')6 /;>30 l02ell1~) mT 5'? 7'/ BASEMENT GATEWAY PARTNERS LIMITED PARTNERSHIP, of 1201 Peachtree Street NE, Atlanta, Georgia 30361, GRANTOR, in consideration of $ 1.00 and for other and valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59715, GRANTEE, its successors and assigns, an easement to be used for an emergency vehicle access, in, through, and across Lot 1 and Lot 8 of Block 31, Harvest Creek Subdivision, Phases 6 & 7, Bozeman, Gallatin County, Montana. This Easement shall remain in full force and effect until such time as construction activity commences to extend Lily Drive and Rose Street to Fowler Avenue, or until cul-de-sacs can be constructed at the western end of Lily Drive and Rose Street which meet applicable standards of the City of Bozeman for emergency vehicle turnarounds. This Easement shall be over and across the gravel access road to be constructed upon the above-described lots by the Grantor in accordance with City of Bozeman specification. At such time as the Grantor, or the Grantor=s successor in interest can provide appropriate access for emergency vehicles by linking Lily Drive and Rose Street to Fowler Avenue, or by creating turnarounds which meet applicable City of Bozeman standards, the Grantor, or the Grantor=s successor in interest shall file an amended plat to indicate the changes after receiving the necessary approval from the City of Bozeman and this Easement shall terminate upon the filing of such amended plat. The GRANTOR states that the Grantor possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR, until such time 'as this Easement is properly terminated. 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 until such time as this easement can be terminated in accordance with the p~~isions stated above. DATED this ~day of O&c'l+'vt~ , 2005. \)J~~~ ~ STATE OF MONTANA 1..lllnmlllllll~.1111111 ~~:~1:~~ Shallay Yanoa-Gallatln Co ~T ~ISC 21.00 :ss. County of Gallatin This instrument was acknowledged before me on DectM&ftR-I, 2005, by WALTER WOLF, member of Retail Shopping Center, LLC, a Nevada limited liability company, general partner of Gateway Partners Limited Partnership, a Georgia limited partnership. '..... .A .J "" J f i:4 .', \..,\ lo" .. ", 4" , , .... :' "'. "iI -, ::.'~ .I11~:rb(i'1~ . . 1 ';, ~;I' : . .....: ..;. J. :J.J ' ....... " ,.'..: l. I' " .. C f .' ,... \. NO~~~State of Montana Printed name: /,,(},AAj'AJt. .Juv,.//'v~J Residing at: L5oz&,;--r A-n.J /J?odr~/9 My Commission expires: ~/-Ll2/20~S- ACCEPTED: (,JW.A_~ CITY OF BOZEMAN By its Manager )ss. County of Gallatin On this 12th day of December, 2005, before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the Commission, 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. 2 . . 11111111111111111111111111111111111111111 111111111111 ~~B~~1~1~~~R Shallay Yanoa.Gal1atln Co ~T ~ISC 21.00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~"' . JS~~~'t:."_. ~.... ..' C/:. 'r. .'..'~' I'll," -':':;;'. \'\" 0.: :-:: A \ "I, .: ...... J;l" : e.. t:: ~ye:~ <:;:.... . ~:,=, ....1 ~'. \"~ J'....'. .','.....' .....;>~ "" '- ,.,' ~'" .,.( ..... .~,'" ~ "11'-... .... Not~;~~ fofkh~Jr:;:ontana Printed name:J/...e~~'V1ln812Y" Residing at: {~ ' My Commission expires: ~!~!20~ 3