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HomeMy WebLinkAboutPublic Access Easement-Trail (DRAFT) 10-28-2020RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 PUBLIC TRAIL ACCESS EASEMENT Island, LLC., a Montana limited liability company, with a mailing address of P.O. Box 12037, Bozeman, MT 59719, GRANTOR, in consideration of $ 1.00 and for other good 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 trail access easement for the use of the public in, over, through and across as strip of land 30 feet wide and 35 feet wide situated on the following described property in Gallatin County, Montana: Lot R-2, J&D Family Major Subdivision, Phase 2 [Plat J-610], located in the SE 1/4 of Section 9, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly shown and dimensioned on the attached Exhibit A, which by this reference is made a part of this document. The GRANTOR(S) agrees: (1) To construct and maintain the trails in the easement as described in said Exhibit A 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 trails and land appurtenant thereto as the City reasonably deems necessary. The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the property, or any part of it, and that it 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 GRANTOR. 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. Islands, LLC, a Montana limited liability company __________________________________ By: W. Mark Easton, Member STATE OF ____________ ) ) s s . County of _____________ ) This instrument was signed or acknowledged before me on this ____ day of ________________, 2020, by W. Mark Easton as a member of Island, LLC., a Montana limited liability company. _______________________________________ (SEAL) Notary Public for the State of _______________ Printed Name: ______________________ Residing at: _______________, _________ My Commission Expires _____/ ______, 20 ____. ACCEPTED: CITY OF BOZEMAN ____________________________________ By: Jeff Mihelich; City Manager ATTEST: Mike Maas, City Clerk STATE OF MONTANA ) ) s s . County of Gallatin ) On this ________ day of ___________________, 2020, before me, a Notary Public for the State of Montana, personally appeared DENNIS TAYLOR and MIKE MAAS, 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. Notary Public for the State of Montana (SEAL) Printed Name: ________________________ Residing at My Commission Expires / /20 G:\C&H\18\180820\Site Plan\EASEMENTS\Public Access Easement-Trail.Doc