HomeMy WebLinkAbout97- Armknecht Easement Encroachment License, 1997
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fILM 193 PACE 393
EASEMENT ENCROACHMENT LICENSE
THIS AGREEMENT, by and between the City of Bozeman, a municipal corporation
(Grantor), and Steven and Denise Armknecht, 416 Meagher A venue, Bozeman, Montana, (Grantee).
WHEREAS, Grantee is the owner of the following described property (the "property");
Lot 5, block 28, Bridger Peak Estates, more commonly described as 415 Meagher.
WHEREAS, Grantee has requested authorization from Grantor to allow a portion of the Grantee's
fc:~ce te, be constructed or. the property to ;;::nci"o<\ch into the City's dedicated park land, commonly
know as Valley Unit Park as shown on the attached survey map, and only to the extent of an
eighteen inch encroachment; and
WHEREAS, Grantee has agreed to authorized this encroachment under the conditions set forth in this
agreement.
1'1' IS HEREBY AGREED by and between the parties to this agreement as follows:
I) Grantor does by this means license and permit Grantees encroachment of the fence to be
located on the property in the agreement, into the Valley Unit Park, without monetary consideration,
so long as such otherwise conforms to Grantor's regulations, other than the setback requirements
stated here. Grantee acknowledges the title of the Grantor to the above-described parkland and agrees
never to deny such title, and further acknowledges that Grantee acquires no prescriptive rights, interest
or estate of any kind or extent whatsoever in the property by virtue of this license.
2) However, Grantee and Grantee's heirs, successors, and assigns, shall hold Grantor harmless
and indemnify Grantor from any and all claims or demands, should Grantor exercise its right reserved
by this agreement to come upon Valley Unit Park for any public purpose. Further, Grantee, and
Grantee's heirs, successors and assigns shall hold Grantor harmless and indemnify Grantor from any
and all claims or demands, should any party of a right-of-way easement come upon that easement to
install, maintain, or replace any water, sewer, drainage or other public utility, or for any other public
purpose. Also, i I' that portion of the fence located on the property which causes the encroachment
is ever demolished or destroyed, than this license shall terminate and be of no further tl)fce or effcct.
Any construction on the property after termination of the license shall be built with full compliance
with the applicable set back regulations. In addition, Grantee shall not expand or modify that portion
of the fence located on the property, into the dedicated park land, without the express, written consent
of Grantor.
3) Grantee will defend, indemnify and hold harmless the Grantor, its otJicers, agents, and
employees, against and from any and all actions, suits, judgments, claims, demands, costs, expenses
(including attorney fees) and liabilities of any character whatsoever, brought or asserted for injuries
to, or death of any person or persons or damages to property arising out of, resulting from or
occurring in connection with this license or the occupancy or use hereunder.
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FILM 193 PACE 394
4) On revocation, surrender or termination of the permission hereby given, Grantee shall quietly
and peaceahly surrender the portion of the parkland occupied hy Grantee in the same condition as the
premises wcrc at the time the use commenced
In witness the parties have executed this agreement set forth below:
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STA TE OF MONTANA )
) ss.
County of Gallatin )
On this ry.ifl day of ~ 199~ Before me, the undersigned, a Notary Public
foe the State of Montana, per nally appe, red JAMES E. WYSOCKI, known to me to be the City
Manager of the City of Bozeman, and the person whose name is 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, 1 have hereunto set my hand and affixed my Notarial Seal the day
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i ~n\)'~,~r.'}\~above WrItten. .
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~:~IiA!, 'i'(i ~ .~, ~/ , ot~lr~ Publtc tor the State ot Montana
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Steven Armknecht, Grantor Denise A~mknecht, Grantor y--
STATE or MONTANA \
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) ss.
County of Gallatin )
On this -3(t day of ,l>f(\f~ 1996, Before me, the undersigned, a Notary Public
f~ the State of Montana, personally appeared _"S+Cve-y, AvYYtk.J;\J (' ,h I- and
\ (.Yl \ ~ Av 'yY\k..-YL,et'n t- known to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same.
IN WITNESS WlIEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
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S]/ Resiili'6t g~n;:'htana .
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380838 TIllS INSTRUMENT WAS FILED FOn R ECOHD IN TIIIS OFFICE ON
TilE 24TH DAY OF DECEMBER , A.D., IH 98
OFFICE OF COUNTY IlECOHDER )
COUNTY OF GALLATIN ) AT 9: 46 A M., AND WAS DUL Y RECORDED IN flOOK 193
STATE OF I\10NTANA ) OF MISCELLANEOUS RECORnS, PAGE 393
Fee $ 12.00 sw., u...ce RECORDER. BY g:wtia ~~ DEPUTY
RT: CITY OF BOZEMAN