HomeMy WebLinkAbout95- Decosse Sidewalk and Public Pedestrian Access Easement
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SIDEWALK AND PUBLIC PEDESTRIAN ACCESS EASEMENT
This Easement agreement is made this ----21 day of m ~, 19 cf.s by and between
Mr. Donald Decosse, hereinafter called the "Grantor" and the City of Bozeman, a municipal corporation,
hereinafter called the" City" .
RECITALS
WHEREAS, the Grantor is the owner of thA following described real property:
Durston's Second Addition
Block 2
North 40 feet of Lot 7, Lots 8 and 9
said property also being known as 923 north Seventh Avenue,
Bozeman, Montana 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 r.idewalk 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 includes the Public's right to use the sidewalk and land
appurtenant thereto which is necessary or convenient for the exercise of this easement.
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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 Grantr and the City.
6, To ClarifY the above Terms these stipulations are added to this above Easement as an
addendum.
a) The State of Montana Highway Department will be responsible for the new Sidewalk
installation.
b) The State Highway Department will replace and or repair the Landscaping and the
Sprinkler System in the affected area as well as landscape the Boulevard to coordinate with the
adjacent Landscaping.
c) The new easement will not effect the existing curb cuts and or parking now existing on
this property.
d) The State Highway Department agrees to work with the Property Owners and Lessees
on the configuration and layout of the Sidewalk and Boulevard.
e) If for any reason a mutual understanding of the terms or the configuration of the
Sidewalk can not be met prior to construction of the new sidewalk by the Owners, Lessees and the
State Highway Department then this Easement shall be Null and Void.
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IN WITNESS WHEREOF, the parties hereto have executed this easement.
DATED this ~ day of m~
, 19!1S--
A( \ 1..0no.. ,
STATE OF MOtH ANA) i\,!...J
~'~f\ (00"'.
(,Alll\l>IN COUNTY
: ss,
~ On this d. rJ t.!:-- day of rrJa fc k
f\'-(.'f.....~I~....
of Ofltc!lI'B, personally appeared \ l-< \d
known to me to be the person whose name is s
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.
, 191'5, before me a Notary Public in and for the State
-1 I,f'( '",e", ( -R Co sse
scribed to within this instrument and acknowledged
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'\ti~o./\f~~ ~ Lt\l;,(\b-~Y?
NOTARY pus!Dc' FOR THE STATE OF.MONTANA I~ (. 2.C(~"
Residing at '0(\...Q,/:lD...., A Z
My Commission .expires M\ G.;:,:;,.;:'-:I'j:. ~;\~1;5::: Ju;.!: 0,;;;..;1.1
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SEAL
ACCEPTED:
Q~~.('k.~~~
~ of Bozeman ~
by its CITY MANAGER
~ 01 ~1I~
Clerk of the City Commission
ATTEST:
STATE OF MONTANA l
ss.
GALLATIN COUNTY
On this ~day of {)tn fr:JrvJ If , lli5before 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. l
SEAL
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N. 7TH SIDEWALK EASEMENT
EXHIBIT "A"
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JUNIPER STREET J
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10
1 1
15'
12
13
14
15
16
ASPEN
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100 200 fEET
CITY ENGINEER'S OFFICE 1/95
SCALE: 1. = 100'
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