HomeMy WebLinkAbout99- Westlake, Martinen Pedestrian Access Easement, 1999
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PEDESTRIAN ACCESS EASEMENT
This Easement agreement, made this---1L day of Ma y , ] 99..2...., by and between George
E. Westlake and Kay H. Martinen, hereinafter called "Grantor" and the City of Bozeman, a municipal
corporation, hereinafter called "City".
RECITALS
WHEREAS, the Grantor ill leasing property to Bridger Ventures, LLC for the purposes of
constructing a business to be known as "IndyLube" and situated on the following descrihed real property:
Lot 2 of Minor Subdivision No. 97, Bozeman, Montana;
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 ill not wide enough to accommodate the desired houlevard and
sidewalk configuration;
WHEREAS, the Grantor has agreed to a request by the City to construct a sidewalk 5 feet wide.
This sidewalk will occu~ ~~<f~~,' inning at the south west corner of Lot 2 of Minor Subdivision No. 97
extending North 01 0 1:\' 30' ~along the property liDe ~l liis.t:.ll1ce of 6 feet and thence South 83000' 00"
o ItHfk'~
East a distance of 25 feet and thence South 01 0 a' 30" West a distance of 6 feet and thence North 830 00'
00" West a distance of 25 feet to the point of beginning across the Grantor's property 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
ohligations herein contained, does hereby grant and convey unto the City and its assigns an irrevocable and
perpetual casement 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 thill 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 casement 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 he binding upon the heirs,
successors and assigns of the Grantor and the City.
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IN WITNESS WHEREOF, the parties hereto have executed this easement.
DATEDthis:lLft-~ dayof n""~t-~
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By: George E. Westlake
STATE OF WASHINGTON )
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County of Clark )
On this a~ day of L-fJt;/LIIA-- , 19qfl, before me the undersigned, a
Notary Public for the State ofWashingt~lly appeared George E. Westlake, known to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
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By:' H. Martinen
STATE OF WASHINGTON )
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County of Yakima )
On thio;; ~ day of If) {UL,.. C~ , I cf1, before me the undersigned, a
Notary Public for the State of Washington, personally appeared Kay H. Martinen, known to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year ftrst above written.
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ACCEPTED:
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CITY OF BOZEMAN
by its Ci tv Manaqer
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COUNTY of GALLATIN )
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On this /1 day of , 19 7t, before me, the undersigned, a Notary
Pub lie for the State of Montana, personall appeared CLARK V. JOHNSON and ROBIN L.
SULLIV AN, known to me to be the City Manager and Clerk of the Commission, respectively, of the
Ci~(\of~ze,~,~~d the persons whose names ar~ subscribed to the ~ithin.instr~ment, and
a~nQwled~ei.i. tt>5'~ that they executed the same for and on behalf of t City of Bozeman.
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STATE OF MONTANA
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Notary Public for State of Montana
Residing at Bozeman, Montana
My Comrni'ision Expires: 6:" /J P9
392020 ~p~~li
State of Mont., Coooty 01 Gallatin. 86 Filed for record MAY 28 , 19 99
at 2: 35_LM., and recorded in Book 1 qR of. ",2MISCELLANEoJ.l.~__page ~
.sf',~""9 ~111!~' Recorder. By.: ~"J:i/~ ~ __ Deputy
FEE: $18.00 < tr
RT: CITY OF BOZEMAN
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