HomeMy WebLinkAbout026_PublicAccessEasementPUBLIC ACCESS EASEMENT
, GRANTOR(S), in consideration of one dollar ($ 1.00) and
for other 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 access easement for a sidewalk for the
use of the public in, through and across a feet wide strip of land situated in Gallatin County,
Montana, which is located on the following described property:
The easement is more particularly described on the attached Exhibit(s) which by this
reference are made a part hereof.
The GRANTOR(S) agrees:
(1) To construct and maintain the sidewalk 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 sidewalk 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 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.
3
DATED this _____ day of __________________, 2024.
Vice President of Bozeman Exchange Associates, LLC
______________________________________________
Bozeman Exchange Associates, LLC
By: Kim Brown
Title: Vice President
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of ____________________, 2024, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared____Kim Brown________________, known to me to be
the Vice President of Bozeman Exchange Associates, LLC that executed the within instrument, and
acknowledged to me that they executed the same for and on behalf of Kim Brown, known to me to be
the Vice President of Bozeman Exchange Associates, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
ACCEPTED:
_________________________
CITY OF BOZEMAN
By ______________________
City Manager
ATTEST:
_______________________________
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
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 for 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 seal on the day
and year first above written.
(SEAL)
______________________________________
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20
EXHIBIT A
NORTH
020
SCALE:1" = 40'
4020
EXHIBIT B
PUBLIC ACCESS EASEMENT - DESCRIPTION
A public access easement located on a portion of Lots 40, 41, 42, 43, 44,
45, and 46, Block "E", Tracy's First Addition to Bozeman, Montana, on file
in the Office of the Gallatin County Clerk and Recorder, located in the
northeast quarter of Section 12, Township 2 South, Range 5 East,
Principal Meridian Montana, County of Gallatin, State of Montana, being
more particularly described as follows:
Beginning at the northwest corner of Lot 40, said point also being on
the southerly right-of-way line of West Mendenhall Avenue, thence
N89˚56'16”E, 196.24 feet along said right-of-way line to the northeast
corner of Lot 46; thence S0˚13'12”E, 4.65 feet along the easterly line of
Lot 46; thence S89˚48'23”W, 196.25 feet to the westerly line of Lot 40;
thence N0˚09'39”W, 5.10 feet along the westerly line of Lot 40 to the
Point of Beginning. Containing 957 square feet.