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HomeMy WebLinkAbout011 Public Access EasementPUBLIC ACCESS EASEMENT MITCHELL DEVELOPMENT & INVESTMENTS. LLC, GRANTOR(S), in consideration of $ 1.00 and for other and valuable considerations, receipt ofwhich is hereby acknowledged, grants to The City of Bozeman, a Municipal Corporation of the State of Montana, with offices at l2l 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 desøibed below situated in Gallatin County, Montan4 which is located on the following described property: LOT 2 AND OPEN SPACE lA 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 COTJNTY, 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: ( I ) 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 ofthis easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns ofthe parties hereto. DATED this Z(Tay of ınnt 20_LL. , Mitchell Development & Investments, LLC by its Manager, Prairie Winds Management, LLC STATEOFMONTANA ) ):ss County of Gallatin ) onthis 21þ. aayot Lr.n¡,-,20-Lbeforemetheundersigned, aNotary Public for the State of Montana, personally appeared Theodore J. Mitchell . known to me to be Manager of Prairie Winds MagagcmcnLl-I-e 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 Mitchell Development & Investments. LLC. WITNESS WHEREOF, I have hereunto set my hand and affìxed my Notarial Seal the Notary Publ for State of Montana (Printed Residing at My Commission expires SEAL YNOIAR PUBLIC for theOFSTATE ¡n Grca¡ t, I ACCEPTED: CITY OF BOZEMAN by City Manager ATTEST: City Clerk STATE OF MONTANA County of Gallatin )ss. ) On this day of 2_, before me, a Notary Public for the State of Montanq 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 subsøibed 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 ^tMy Commission Expires _J____J20_ EXHIBIT ASHOWING A PUBLIC ACCESS EASEMENT ACROSS LOT 2 AND OPEN SPACE 1A OF BOZEMAN GATEWAYSUBDIVISION PHASE 5, SITUATED IN THE NWl/4 OF SECTION 14 AND THE NEI/4 OF SECTION 15, TOWNSHIP 2SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA"È{scáÈ.id {';d,r&þd*N37"43',36'E 7.1R=469.52'L=12.23'A=1'29'33"cHD 519"09',43"E CHD 12.23',N78"23'28"EJPOINT OF BEGINNINGN72'55'00'EcHD S77"32'59',W CHD 19.28'PROPOSED 10.00'SIDEWATKEASEMENT AREA945.8 SF (0.022 AC)\lts78'23'28"WBO\JLÉVARD\NEsT45.00'DEDICATEDROW10.51fECHNOLOGYmtr0{20=F-'¡1O,OO'PUE TO BECREAIED WPHASE 5FINAL PLAÏ15.00'MSUEASEMENTðKnwwhats bd(N.Call bobæ yfl dig.iIIltIMMn e #;:::î"f.",'tr*'SIfE A. ÊVERHOME HOIELoPUBLIC ACCESS AND UTILIil EASEMENTEXA