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HomeMy WebLinkAbout13_E-COB_PED ACCESS EASEMENT ACCESS EASEMENT Eastlake Professional Center, 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 pedestrian walkway for the use of the public in, through, and across a 10 feet wide strip of land situated in Gallatin County, Montana, which is located on the following described property: Lot 1A of the plat of Minor Subdivision No. 221E, located in the southwest ¼ of section 26, Township1 South, Range 5 East, PMM, in the City of Bozeman, Gallatin County, Montana The easement is more particularly described on the attached Exhibit E which by this reference is made a part hereof. The GRANTOR(S) agrees: (1) To construct and maintain the pedestrian walkway 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 pedestrian walkway and land appurtenant thereto as the City reasonably deems necessary. (3) To reserve 10 feet of adjacent space on both sides of the access easement as right-of-way setback. Permanent building structures and hardscape features shall not be allowed within setbacks unless an encroachment permit has been obtained from the city. 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 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) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /200 ACCEPTED: ATTEST: City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) __________________________ CITY OF BOZEMAN by ________________________ City Manager On this ________ day of ___________________, 20 , 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 USE THIS BLOCK IF IT'S FOR A COMPANY, NOT AN INDIVIDUAL. CORPORATE: 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 Ch Brg=N18°44'59"E Ch Dist=263.30'''''''''''''''''''''''''''''''''''''''''L=267.59' [267.56'] R=430.00'N00°54'39"E 486.42'S89°50'55"W 462.44'S00°54'50"W 608.87'S5 3 ° 2 6 ' 0 6 " E 3 7 9 . 8 6 ' N36°34'58"E 125.31'N00°54'39"E 443.37'N89°50'55"E 138.73' S00°09'05"E 32.06' N89°50'55"E 213.31'S00°54'50"W 167.56'N89°50'55"E 213.12'10.00'10.00' 30.00' 148.55' ACCESS EASEMENT ACROSS A PORTION OF LOT 1A OF MINOR SUDIVISION NO. 221E LOCATED IN THE SW 1 4 OF SEC 26, T1S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA QUALITY CHECK: DRAWN BY: CAD NO. JOB NO. DATE: .dwg B16-089 10/26/21 AE & CB FB:--- LAYOUT: Engineering tdhengineering.com