HomeMy WebLinkAbout95- Boekmann Sidewalk and Public Pedestrian Access Easement
..,
SIDEWALK AND PUBLIC PEDESTRIAN ACCESS EASEMENT
This.;: Easement agreement is made this h? -1\ day of hh,.......( , 19 i.;'-by and between
Heinz K. Boekmann , hereinafter called the "Grantor" and the City of Bozeman, a municipal corporation,
hereinafter called the "City".
RECITALS
WHEREAS, the Grantor is the owner of the following described real property:
North Seventh Addtion
Block 4
Lots 2-3
said property also being known as 1012 North Seventh Avenue
Bozeman, MT 59715;
WHEREAS, the State of Montana (hereinafter called the "State") is currently proceeding with
a North 7th Avenue rehabilitation project known as Federal Aid Project No. STPE 0002(161) which
includes installation of sidewalk adjoining the Grantor's above-referenced property;
WHEREAS, the State retains right-of-way which extends from the street curb to the Grantor's
property line, said existing right-of-way is not wide enough to allow creation of a boulevard between
the sidewalk and the the street curb;
WHEREAS, the Grantor, City, and the State agree that installation of a sidewalk in a boulevard
configuration is most desirable;
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, subject to
the terms and conditions hereinafter contained, an irrevocable and perpetual 6' wide sidewalk
easement for the purpose of construction of a sidewalk and pedestrian ingress and egress in, to, over
and upon the Grantee's above-referenced property as further described and depicted on Exhibit A,
attached hereto and made a part hereof.
It is further covenanted and agreed that:
1 . The easement herein created incil;des the Public's right to use the sidewalk and land
appurtenant thereto which is necessary or convenient for the exercise of this easement.
2. Where existing private improvements within the easement may present a conflict with
installation of the intended boulevard sidewalk, the final location and alignment of the sidewalk and/or
replacement or relocation of private improvement(s) and the final site restoration shall be completed
as mutually agreed by the Grantor and City.
3. The City, in cooperation with the State, agrees to construct the sidewalk at no cost
to the Grantor; and the Grantor agrees to maintain the sidewalk in accordance with all relevant City
Ordinances, including, but not limited to, snow removal and all major and minor repair work at the
Grantor's expense.
4. 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.
5. This easement shall run with the land and be fully transferable and assignable in
connection with the sale or other transfer of the land 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.
n,
DA TED this ~ day of I't< '-e'~
e)
WA$oH, N€;fOU
ST,A TF ()l: rJorHANA )
Ci~~~~'
TY )
On this \ ~ day of rY\ A-R.C.t+- , 1 9~~efore me a Notary Public in and for the State
of Montana, personally appeared I-t BI tUZ-- r<. 'Bcee.K MA:t-.H.J
known to me to be the person whose name is subscribed to within this instrument and acknowledged
to me that he did execute the same.
In witness whereof. I have hereunto set my hand and affixed my official seal the day and year
first bov.e wri ten.
ss.
NOTARY PUBLIC F R HE ST E OF ~~':'r-n, JJA L.i)C6H I rJtr-fZ)p..j
Residing at fo~ -rowNS"~~
My Commission expires ~~J "
,
SEAL
D!AN,A L KENYON ')/~ C/c;/",
I,ift' COMMiSSION EXPIRES:~--f-L*-
ACCEPTED:
'Y I
'~./V"'~~'-- ' L
ity of Bozeman
by its CITY MANAGER
(J~J~
ATTEST:
Cler!. of !he City Commission
STATE OF MONTANA)
: ss.
GALLATIN COUNTY
On thisKoQb.. day ofif\Jnvif ,19q~efore me, a Notary Public for the State of Montana,
personally appeared James ~d Robin L. Sullivan, known to me to be the City Manager and
Clerk of the City Commission known to me to be the persons whose names are subscribed to the
foregoing instrument and acknowledged to me that they executed the same.
In witness whereof, I have hereunto set my hand and affixed my seal on the day and year first
written above. \
~h\WY~TPE
Residing at f\.Jl
My Commission
SEAt