HomeMy WebLinkAbout17- Pedestrian Access Easement - Longshot Equity, LLC - Lot 16, McChesney Industrial Park Return to:
ON of Bozeman
City Clerk
P Box1230
Bozeman, MT 59771-1230
PLA"E
2599027
Page: 1 of 5 11/20/2017 10:33:22 AM Fee $35.00
Charlotte Mills - Gallatin County, MT
1111111111111111111111111111111111III 11111111111h 11111111IIII II11111111111111111111IN MISC
PEDESTRIAN ACCESS EASEMENT
This Easement agreement, made this '?- 7 day of` j,. f1c�, , 2011, by and
between LONGSHOT EQUITY, LLC, hereinafter called "Grantor" and the City of Bozeman, a
municipal corporation, hereinafter called "City".
RECITALS
WHEREAS,the Grantor is the owner of the following described real property:
Lot 16 of the Amended Subdivision Plat of McChesney Industrial Park, located in the NE'/ of
Section 1, Township 2 South, Range 5 East, M.P.M., City of Bozeman, Gallatin County,
Montana, according to the official survey thereof on file and of record in the office of the County
Clerk and Recorder of Gallatin County, Montana. [J-50A]
(hereinafter called "the Property");
WHEREAS, the Grantor is in the process of constructing and/or remodeling on the above
described Property;
WHEREAS, the City retains a right-of-way 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
_5.0_feet wide. This sidewalk will occupy a space beginning 5.5 feet from the curb,
increasing to 80 feet from the curb, and which will extend across the Grantor's Property line,
thus creating a boulevard 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 as more particularly
shown and described on Exhibit"A" attached hereto and the land appurtenant thereto for
pedestrian ingress and egress and the Grantor and City agree as follows:
l. 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 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 the Property as an appurtenance 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 "L: I t-VA day of .,, i;,��e, , 20�.
GRANTOR
Longshot Equity, LLC
By: - -
Dan'Barnes Mem
---
Donald Olsson, Member
STATE OF MONTANA )
):ss
County of Gallatin )
On this 2_ day of June— , 20�,before me the
undersigned, a Notary Public for the State of Montana, personally appeared DAN BARNES and
DONALD OLS SON, Members of LONGSHOT EQUITY, LCC, known to me to be the persons
whose names are subscribed to the within instrument, and acknowledged to me that the company
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
a HEATHER aSSON
NOTARY.PUBLIC for the
Slate of Montana
(SEAL) * BEAD *) Residing at Bozeman,MT
a My Commission Expires
September 11,2017
Notary Public for the State of Montana
GC-la"Y?C r 0156 `7
(Printed Name)
Residing in BUze rw n
My Commission expires t-r /20r
ACCEPTED:
CITY O BOZE N
>
by
)1♦$0Z� City Manager ' An&raAsmwalt
• rJ� i
ATTEST:
City Clerk
STATE OF MONTANA )
):ss
COUNTY of GALLATIN ) f�tVDREP� Sl.�G21��
On this day of �p pp,�- , 20 17, before me litheundersigned, a
Notary Public for the State of Montana,personally appeared and
ROBIN CROUGH, 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.
(SEAL)
" BRENDA SWEENEY
a�A S`"FFy< Notary Public
for the State of Montana
Notary Public for State of tana *: —— *_ Residing at:
SEAL. Q- Bozeman, Montana
My Commission Expires:
(Printed Name) �'' ►� December 02,2018
Residing at Bozeman, Montana
My Commission Expires: _/ /20
EXHIBIT A
A 2.5'SIDEWALK EASEMENT ACROSS LOT 16 OF THE AMENDED
SUBDIVISION PLAT OF McCHESNEY INDUSTRIAL PARK Q-50-A),
LOCATED IN SECTION I,T2S,R5E,P.M.M.,GALLATIN COUNTY,MONTANA
LOT 16
60,
F
0
A
0
NS soy,
TIE=16.98' Gt, 2.50'
S 54°56'01"E 35°03'59"W
2.50'
S 35°03'59"E
tis�ss1291
6p7
2.5' SIDEWALK
GRAPHIC SCALE ENSIS r EASEMENT
ENGINEERING.INC ODC+1
'CLIEN EXHIBIT A
T:
( IN FEET ) FIELD WORK DATE:05/31/17 PLOTTED DATE: May/31/2017 — 09:56:33 am
1 inch = 50 ft. b DRAWN BY: SCALE: DRAWING NAME:
H:\1086\009\ACAD\EASEMENTS\SIDEWALK EASE.dwg
CHECKED BY: PROJ #: SHEET 1 OF 1 PLOTTED BY:ChHsto he,W-i.