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HomeMy WebLinkAboutAPPENDIX J.3.2_Public Access and Utility Easement After recording return to: Buffalo Run Bozeman LLC 5400 Fowler Ln Bozeman,MT 59718 PUBLIC ACCESS AND UTILITY EASEMENT BUFFALO RUN BOZEMAN 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 and utility easement for a driveway and parking area for the use of the public and assigns, a perpetual utility easement for the use of each and every person, firm or corporation, whether public or private,providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities in,through, and across a 30 feet wide strip of land situated in Gallatin County, Montana, which is located on the following described property:_Public Access and Utility Easement all within the Homestead at Buffalo Run Pro eem, Situated in the N1/2 SW1/4 SW1/4 of Section 23 Township 2 South Range 5 East, Principal Meridian,City of Bozeman, Gallatin County Montana The easement is more particularly described on the attached Exhibit C 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 �a�►�—`� , 20 Z2- GRANTOR: BUFFALO RUN BOZEMAN LLC By: — ` MAA 44" STATE OF MONTANA ) ):ss County of Gallatin ) On this LZ+= day of S L-A,., , 20 aa--, before me the undersigned, a Notary Public for the State of Montana,personally appeared D e�e �l.)i 1\:� s , known to me to be of am;� L.L.L 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 cam� -t� IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CYNTHIA M EDGMOND Notary Public .�OTAR1,q*o'_for the state of Montana a*• — *_ Residing at: uj;.SEAL Bozeman, Montana (SEAL) My Commission Expires: December 8,2024 Notary Public for the State of Montana _& -h,,L yn- Lclgrna (Printed Name) Residing at ubz¢ma,. yn< My Commission expires ► ere-,n�u / oe /20 ZN 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. 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