HomeMy WebLinkAbout95- Dairy Keep Pedestrian Access Easement
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filM 168 fACf3083
PEDESTRIAN ACCESS EASEMENT
This Easement agreement, made this ~ 71;1 day of ,,'
/]/OI/EI4BC..R..., 19 9'S , by and between~()2CIlfIt-/V' ...l:,u7.1?1?F/f-.l1H-- t/-do.5./JtJC,-
,hereinafter called "Grantor" and the City of Bozeman, a municipal .J.:-/V c,
corporation, hereafter called "City".
R E C I TAL S
WHEREAS, the Grantor is the owner of:
Dairy Keep Apartment Complex
and situated on the following described real property:
Lots 5 and 6, Block 1, Westlake's First Addition, City of
Bozeman, Gallatin County, Montana (600 North Fourth Avenue)
(hereinafter called " Dairy Keep
" .
,
WHEREAS, the Grantor is in the process of constructing and/or
remodeling the above described facility;
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 five feet wide. This sidewalk will occupy
a space beginning 5.5 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 and the land appurtenant thereto for pedestrian ingress
and egress and 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 of the sidewalk and land appurtenant thereto as
the City reasonably deems necessary.
4. This easement shall
transferable and assignable in
transfer of Dairy Keep
shall be binding upon the heirs,
Grantor and the City.
run with the land and be fully
connection with the sale or other
as an appurtenance thereto and
successors and assigns of the
..
,
.~04' ..
r1lH 168 PACf3084
IN WITNESS WHEREOF, the parties hereto have executed this
easement.
DATED this fJ 'l t7(
day of
,tl (/ tiE t4 11 L=/.?
,
19 r,"x .
f30 2~111 ~,v- +::- A/ ',Gf? F.4 i ~/1-- N-t)UJj.AJ s:. 1-/L.--'C,
By: ~Q~ )'<::Li/~<7?~
STATE OF MONTANA
ss.
GALLATIN COUNTY
On this :::.. 7-fr.. day of N"vt1'pn6er , 19 ?5- , before me
a Notary Public in and for the State of Montana, personally
appeared verne k;'~eI'}Sm;-/7--. , known to me to be the
person whose name Ys subscribed to wi thin 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 above written.
~~
NOTARY PUBLIC FOR THE STATE OF MONTANA
Residin~ a~ &!gmtXe" mm/nn?A-
My Commlsslon explres Ol-//-C}1
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:~ 7} r,~, " ~_ '"t( !,' ..t"ACCEPTED
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C ty of Bozeman
by its. City Managp.r
ATTEST:
G?~ ;/ ~~
Clerk of the City Commission
STATE OF MONTANA
ss.
GALLATIN COUNTY
On this l ~~ day of D<<.ifYltttJ , 193.5-, before me, a
Notary Public for the State of Montana, personally appeared James
E. Wysocki and 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
1 on the day and year first written above.
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OTARY PUBLI
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3a526B
&aa. oJ Mont.. Count)' of Gallatfn. liB FdeJ Jor record NOVEMBER
2.5.. . 19.2.2....ot 9: OOA M., and record.,.! in Book 168 of
MISCELLANEOUS .....3083 = ~~', Uecord(>,f'
$12 . 00 By !:d.4:J.f 1d.!l.d ~epu"
CITY OF BOZEMAN
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