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HomeMy WebLinkAbout002 Public Access Easement PUBLIC ACCESS EASEMENT MITCHELL DEVELOPMENT & INVESTMENTS, LLC, GRANTOR(S), in consideration of $ 1.00 and for other and valuable considerations, 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 located outside of dedicated ROW for the use of the public in, through, and across a piece of land as described below situated in Gallatin County, Montana, which is located on the following described property: LOT 2 AND OPEN SPACE 1A OF BOZEMAN GATEWAY SUBDIVISION PHASE 5 SITUATED IN THE NORTHWEST ONE- QUARTER OF SECTION 14 AND THE NORTH EAST ONE-QUARTER OF SECTION 15, T2S, R5E, P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. The GRANTOR(S) agrees: (1) To construct and maintain the driveway and parking 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 driveway and parking area and land appurtenant thereto as the City reasonably deems necessary. 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(S) 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 day of , 20 . By: Grantor STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of 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 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission expires / /20 ACCEPTED: __________________________ CITY OF BOZEMAN by __________________________ City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 2 , before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH 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. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20 10.00' PUE TO BECREATED W/PHASE 5FINAL PLATN78°23'28"E 80.00'N72°55'00"E 68.08'N37°43'36"E 7.10'R=469.52' L=12.23'Δ=1°29'33"S78°23'28"W 144.30'S83°52'34"W 10.51'CHD S19°09'43"E CHD 12.23'CHD S77°32'59"W CHD 19.28'15.00' MSUEASEMENT45.00' DEDICATEDROWPROPOSED 10.00'SIDEWALKKnow what'sbelow.before you dig.CallRGRAPHIC SCALE0(IN FEET)102010201 INCH = 20 FTEXHIBIT ASHOWING A PUBLIC ACCESS EASEMENT ACROSS LOT 2 AND OPEN SPACE 1A OF BOZEMAN GATEWAYSUBDIVISION PHASE 5, SITUATED IN THE NW1/4 OF SECTION 14 AND THE NE1/4 OF SECTION 15, TOWNSHIP 2SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANAFIGURE NUMBER©PROJECT NO.DRAWN BY:DSGN. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE, INC.,2022N:\3638\009\ACAD\Site Plans\Building-A\Everhome\Exhibits\Public Access Easement.dwg Plotted by celine saucier on Apr/7/2022engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.net3638.009EX ASITE A - EVERHOME HOTELBOZEMANMONTANAPUBLIC ACCESS AND UTILITY EASEMENTCMS3/2022EASEMENT AREA945.8 SF (0.022 AC)POINT OF BEGINNINGBOZEMANGATEWAY PUDPHASE 5LOT 2BOZEMANGATEWAY PUDPHASE 5OPEN SPACE 1ATECHNOLOGY BOULEVARD WEST