HomeMy WebLinkAbout16- Public Access Easement - Tange Family, LLC - Block 3, Tange's Subdivision ,Return to: 2563371
City of BOZeman Page: 1 of 8 11/10/2016 04:07:24 PM Fee: $56.00
Mills - County, MT
City Clerk �IIIIIIICharIIIIIIItIII I 1111111111111INllatin 1111 HE11111111111111111111111111111111111111 MISC
PO Box 1230
Bozeman, MT 59771-1230 PUBLIC ACCESS EASEMENT PLATTED
Tange Family, LLC, 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 multi-use path for the use of the public in,
through and across a variable width strip of land situated in Gallatin County, Montana, which is located
on the following described property:
Lot 5,Block 3,AMENDED PLAT OF BLOCK 3,TANGE'S SUBDIVISION [Plat H-48-E].
The easement is more particularly shown on the attached Exhibit A which by this reference is
made a part hereof.
The GRANTOR(S)agrees:
(1) To construct and maintain the multi-use path 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 multi-use path 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.
Dated this day of 42016.
TANGE FAMILY,LLC,a Montana Limited Liability Company
U A4 Poli'l
By: Cynthia Tange Schwartztrauber,managldi member
STATE OF KENTUCKY
COUNTY OF FAYETTE
This instrument was signed or acknowledged before me on this-U day of �� y`' , 2016, by
Cynthia Tange Schwartztrauber as managing member of Tange Family, LLC, a Montana Limited
Liability Company.
Notary Public for the Stae f�ntuck h�jX t [SEAL]
Residing at: &d ) -( nvy C�' � DIANE K. MILLER
Notary Public
Kentucky -State at Large
ACCEPTED: CITY OF BOZEMAN My Commission Expires Jan 11,2020
on
BY:
City Ivy agar° .
ATTE0:°
City Cler
STATE OF MONTANA )
)ss.
County of Gallatin )
On this 7-4 day of QC�619el , 201-(,a--, before me, a Notary Public for the State
of Montana, personally appeared CHRIS A. KUKULSKI and ROBIN CROUGH, 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 Notarial Seal on the day
and year first above written.
``tnlci�y; r�F;L MICHALSON
Notary Public
Notary Public or the State of Montana [S = :�oinia �t.�" for tlic State of Montana
Residing at: 2eMa",1[it( =N:_SE; - I'•�-'•`n, M n
,. . ���..'�: C;c>n:man, Montana
,.y,�'•-•' c My Commission Expires:
�F M� March 10,2020
EXHIBIT A
PUBLIC ACCESS EASEMENT ACROSS LOT 5, BLOCK 3, AMENDED PLAT OF
BLOCK 3, TANGE'S SUBDIVISION,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
LEGEND 482.66 0 2.00'00"
PUBLIC ACCESS
EASEMENT
i
i END OF PROP ED
WIDE C IL (rr
4 F w 4 W
P (POSED 6'
AREA OF PUBLIC ACCESS i PROPOSED WI''E CLASS
EASEMENT=4,176 SQ. FT. �, BUILDING TR IL
E �
i
G OF
U' iPR 6' WIDE
2 TRAIL
.............. .
PROPOSED
BUILDING �
i RO 0 E (HATC�-- AREA
N
i ASPHALT' V ARi ABT
SGO LE WIDTH
CROSSWALK I�UBLIC ACCESS
S E-S M T
G i A SG ND OF EXISTING
ASPHALT PATH
a
` EXISTI
BUILDING
C EXIST NG
— = ASPHAL PATH
<\50.00
�X\5 NG__SPT p EX. 12' PUBLI SEMENT
Z o w?v-D 6 a W W •00 W W J
EP 00
-- Scale In Feet
100 0 100
30 0 30
Engineering and Surveying Inc.
1091 Stoneridge Drive•Bozeman,MT 59718 Scale In Meters
Phone(406)587-1115•Fax(406)587-976B
www.chengineers.com•infa@chengineers.com Sheet 1 of 1 #15821
I IIIIII IIIII Ill)IIIIIII IIIIII IIIII IIIII III IIIII IIII(III 20445fi4P
6hallay Vance-Gallatin Cc MT M15C 30.00
PEDESTRIAN ACCESS EASEMENT
(
This Easement agreement, made this!V i�h day of J UJU 200 by and between
Tange Family L.L.C.,a Montana Limited Liability Company,with mailing address of 2800 Spring
Meadows Drive,Bozeman,MT 59715,hereinafter called"Grantor",and the City of Bozeman,a
municipal corporation, with a mailing address of P.O. Box 1230, Bozeman, MT 59771-1230,
hereinafter called"City".
RECITALS
WHEREAS,the Grantor is the owner of: Oak Street Place P.U.D.,
and situated on the follow described real property:
Lot 5,Block 3,AMENDED PLAT OF BLOCK 3,TANGE'S SUBDIVISION,hereinafter called
"Lot 5"•
WHEREAS,the Grantor is in the process of constructing and/or remodeling the above described
facility;
WHEREAS,the City retains a right-of-way along Oak Street which extends from the curb to the
Grantor's property line;
WHEREAS,the City's right-of-way is not wide enough to accommodate the desired boulevard and
sidewalk configuration;
WHEREAS,the Grantor has agreed to a request by the City to construct a sidewalk 8 feet wide. This
sidewalk will occupy a space within the Grantors property that varies in distance from the curb,thus
creating additional boulevard and green space between the curb and the sidewalk.
AND WHEREAS,the City has otherwise approved the construction and/or remodeling to be done
to the business subject to the condition that the business construct a sidewalk which extends across
the property line of Grantor's property;
NOW,THEREFORE,the Grantor,for and in consideration of the facts above recited and of the
obligations herein contained, does hereby grant and convey unto the City and its assigns an
irrevocable and perpetual easement in, to,over and upon the sidewalk and the land appurtenant
thereto for pedestrian ingress and egress. The easement is more particularly shown and described
on the attached Exhibit A,which by this reference is made a part hereof. The Grantor and City agree
as follows:
1. The easement herein created includes the right to use the sidewalk and such land appurtenant
thereto which is necessary or convenient for the exercise of this easement.
2. The Grantor agrees to construct and maintain the sidewalk at its own expense in accordance
with the relevant City Ordinances,including,but not limited to,snow removal and all major and
minor repair work.
3. The Grantor further agrees to allow the City to make any and all inspections ofthe sidewalk and
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Shelley Veme-Gallatin Cc MT MISC 30.00
3. The Grantor further agrees to allow the City to make any and all inspections of the sidewalk and
land appurtenant thereto as the City reasonably deems necessary.
4. This easement shall run with the land and be fully transferable and assignable in connection
with the sale or other transfer of said Lot 5,as an encumbrance thereto,and shall be binding
upon the heirs,successors and assigns of the Grantor and the City.
IN WITNESS WHEREOF,the parties hereto have executed this easement.
DATED this�ihday of l} 1 200L.
TANGE FAMILY,L.L.C.,a Montana Limited Liability Company
By: C� Y /
Carl Tange,Jr.,press ent
STATE OFbA ti;Ykt4)}
}:ss
Countyo�)O--n .Jc uA
U
On this V/) h day of UA 200 ,before me the undersigned,a Notary Public for
the State of 1 Y t personally appeared Carl Tange,Jr.,known tome to be the
president of Tange F ily,L.L.C.,a Montana limited liability company,and to be the person whose
name is subscribed to the within instrument,and acknowledged to me that he/she executed the same,
for and on behalf of said limited liability company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year
first above written.
Lisa M.Engelhardt Notary Public for theState f I CAA
#1157323 o Residing `""at: 1 tf 1 ,
NOTARY WBLiC-CALIFORNU
_._;� !6•/Com�iNss�i nQE)p1m 0a.29 2001 My Commission Expires:
ACCEPTED:
City of'13ozeman
By its:
ATTEST:
Clerk of the City Commission
STATE OF MONTANA }:Ss IIIIIIIIIIIIIII�IIIII�IIIIIIIIIIII1IlIlIIIIIIII1I�IlIII 2012001 44564p
County of Gallatin } snall..r Vanoa—ca11aUn co MT ntsc 30.00
On this�CQ day of v i 200 1 ,before me the undersigned,a Notary Public for
the State of Montana,person lly appeared Clark V.Johnson and Robin L.Sullivan, known to me
to be the City Manager and Clerk of City Commission,respectfully,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 official seal the day and year
first above written. �_
1 S; , r ---( --Dt2
Notary Public for the St to of Montana
A,/ i Residing at: AoLem,t ,L
4 - -^ My Commission Expires: zoo Z
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EXHIBIT A
SHEET 2 OF 2
DESCRIPTION OF PEDESTRIAN ACCESS EASEMENT
That part of Lot 5, Block 3, AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION,
according to the plat thereof,on file and of record in the office of the Clerk and Recorder,Gallatin
County,Montana,lying within a strip of land 12 feet wide. The centerline of said strip is described
as follows:
Commencing at the southwest comer of said Lot 5; thence southerly 181' 38' 19",
assumed azimuth from north,4.97 feet along the southerly extension of the west line
of said Lot 5,to the point of beginning of the center line to be described; thence easterly
092° 00' 00" azimuth 27.26 feet; thence easterly 24.75 feet on a tangential curve
concave to the north,radius 46.00 feet and central angle 30` 49'37"; thence easterly
99.05 feet on a reverse curve concave to the south,radius 100.00 feet and central angle
56'45'01"; thence easterly 47.51 feet on a reverse curve concave to the north,radius
105.00 feet and central angle 25'55'24"; thence easterly 092'00'00"azimuth 113.29
feet,tangent with said curve; thence easterly 32.60 feet on a tangential curve concave
to the north,radius 85.00 feet and central angle 21°58'19'; thence easterly 116.66 feet
on a reverse curve concave to the south,radius 150.00 feet and central angle 44'33'33";
thence easterly 23.65 feet on a reverse curve concave to the north,radius 60.00 feet and
central angle 22'35'14"; thence easterly 092'00'00"azimuth 11.78 feet,tangent with
said curve,to the southerly extension of the east line of said Lot 5 and there terminating.
Area of Easement= 3,135 square feet
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