HomeMy WebLinkAbout98- Bozeman Deaconess Mutual Access Easement and Agreement
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F:L" 19,9 r~~E3915
MUTUAL ACCESS EASEMENT AND AGREEMENT
This Agreement is made this 110day of~, 1998 by and between
Bozeman Deaconess Foundation, Bozeman, Montana, ("Deaconess") and the City of
Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman,
Montana 59771-0640 (the "City");
REClT ALS
The parties to this agreement are the owners of certain lands located in Gallatin
County.
Deaconess is the owner of Parcel "A", legally described as follows:
Parcel "A"
Commencing at the Northwest section comer of Section 17, Township 2 South,
Range 6 East, P.M.M" Gallatin County, Montana; Thence South 05059'22" East, a
distance of 363.44 feet to the point of beginning; Thence North 88041'53" West, a
distance of 91 .21 feet; Thence through a curve to the right with a central angle of
0]024'42", radius of 1571.96 feet, arc length of 38,73 feet; Thence South
11005'04" West, a distance of22.0l feet; Thence North 88041'53" West, a distance
of 1228.44 feet; Thence South 01018'07" West, a distance of 26.45 feet; Thence
South 88041'53" East, a distance of 1314.61 feet; Thence North 11005'04" East, a
distance of 8 7.66 feet to the point of beginning, said tract containing 0.9246 acres,
except for that portion reflected as "Old Highland Blvd." on Exhibit A attached
hereto.
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The City is the owner of Parcel "B" , legally described as follows:
Parcel "B"
Commencing at the Northwest section comer of Section 17, Township 2 South,
Range 6 East, P,M.M., Gallatin County, Montana; Thence South 05059'22" East, a
distance of 363.44 feet; Thence North 88041'53" West, a distance of 91.21 feet;
Thence through a curve to the right with a central angle of 00058'24", radius of
1571.96 feet, arc length of26.70 feet, to the Point of Beginning; Thence through a
curve to the right with a central angle of 00026'18", radius of 1571.96 feet, arc
length of 12.03 feet; Thence South 11005'04" West, a distance of 22.01 feet,
Thence North 88041'53" West, a distance of 1228.44 feet; Thence North
01018'07" East, a distance of33.55 feet; Thence South 88041'53 East, a distance
of 1234.18 feet to the Point of Beginning, said tract containing 0.9484 acres.
Deaconess has made an application to the City for approval of a Major Site Plan to
allow the construction of a medical office building; and
20f4
flL" 198 PMF3916
The City approved Deaconess' application with conditions, including the condition that
Deaconess provide the City and the City provide Deaconess a mutual access easement for
access across the parties' respective properties from Old HigWand Boulevard, a public right-
of-way; and
The parties intend that the roadways servicing each parcel of land will be utilized by
the owners and residents of both Deaconess and the City.
Therefore, in consideration of the mutual covenants of the parties as set forth in this
instrument, they agree as follows:
A. MUTUAL EASEMENT FOR ACCESS
1. Deaconess grants to the City, for its benefit and that of its successors and assigns,
an irrevocable roadway access easement through and across Deaconess' property, described as
Parcel A above and reflected on Exhibit A attached hereto.
2. City grants to Deaconess, for its benefit and that of its successors and assigns and
for the tenants or owners of any units located on or to be constructed on Deaconess property,
an irrevocable roadway access easement through and across the City's property, described as
Parcel B above and reflected on Exhibit A attached hereto,
3. Deaconess shall have the right to construct an access easement across Parcel B
owned by the City and the City shall have the right to construct an access easement across
Parcel A. The roadway easement contemplated by this agreement is reflected on Exhibit
A attached hereto and incorporated herein by reference.
B. MISCELLANEOUS
1. In the absence of a written agreement between the parties, usage of the shared
easements that are established under this agreement shall be in accordance with such
reasonable usage as is normal and customary for such roadway.
2. The easements and rights created by this agreement shall be deemed to run
with the land, and shall be for the benefit of and inure to the parties, their successors and
assigns, their agents, employees, business invitees, tenants, and guests of tenants, and shall
burden their respective parcels, perpetually.
3. The parties agree that neither the City nor Deaconess, nor their respective
successors, permittees, licensees, and assigns, shall acquire any interest in or to any part of
the other's land except the continuing right to use the easements for ingress and egress as
created herein.
4. By this Mutual Access Easement and Agreement and except for the rights
granted herein, Deaconess hereby abandons any right, title and interest it may have in or to
that portion of "Old Highland Blvd." within Parcel A on Exhibit A attached hereto.
fILM 198 PAct3917
5. This mutual easement agreement may be amended at any time in writing signed
by the parties to this agreement.
The parties have executed this mutual easement and agreement on the day and year
first written above.
BOZEMAN DEACONESS FOUNDATION
CITY OF BOZEMAN
By:.
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/ JOHN NORDWICK
President and CEO
BJ: ~ ~ .
CLARK JOHNSON
Its: Manager
Its:
W~;!~
Clerk of the City Commission
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GALLATIN COUNTY
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fiLM 198 PACtJ918
ST ATE OF MONTANA )
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On this n day of \\0-0 , 1997, before me, a Notary Public in and for the State
of Montana, personally appeared JOHN NORDWICK known to me to be the president and
CEO of Bozeman Deaconess Foundation and the person whose name is subscribed to this
instrument and acknowledged to me that he executed the same for and on behalf of the
Bozeman Deaconess Foundation.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal
the day and year first above written.
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&~~IC ~A~ONTANA
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My Commission expires L/_I - 200'1..-
STATE OF MONTANA )
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On this L day of~f.-.Jt-h,L , 199;(before me, a Notary Public in and for the State
of Montana, personally appeared CLARK JOHNSON and ROBIN L. SULLIVAN, known to
me to be the City Manager and Clerk of Commission, 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.
IN WITNESS WHEREOF, I have hereunto seD my hand and affixed my official seal
the day and year first above written. _L
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OFFICE OF COUNTY RECORDER)
COUNTY OF GA LT1ATIN )
STATE OF I\10NTAN A )
Fee $ 30. 00 .s~~rlftq t1Ian./!!:
RT: CITY OF BOZEMAN
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TIIJS INSTRUMENT WAS FILED FOR RECOIU) IN TIlIfl OFFICE ON
THE 28 DA Y OF MAY , A.D., 1 !J----.22~
AT 2:33 pM., AND WAS DULY RECORDED IN BOOI( 198
OF MISCELLANEQ.US H.ECOIU)S, PAGE ~~l'2_
RECORDER. BY ~7 ~ __ DEPUTY,.
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