HomeMy WebLinkAbout06- Abelin Estate Rentals Grant of Easement
C .. flu I ((I J..
tJu 1'30)( /210
f5 C 2. t "." an J1tl T
--
'i t!j 7f?
GRANT OF EASEMENT
The parties to this agreement are ABELIN ESTATE RENTALS, LLC, hereinafter ABELIN, of
7237 Raven Dr., Belgrade, MT 59714, owner of the dominant estate, and the CITY OF
BOZEMAN, hereinafter CITY, of Bozeman, MT, owner ofthe servient estate.
Whereas, ABELIN owns property adjacent to property owned by the CITY; and
Whereas, ABELIN has improvements built on their property which encroach on property owned
by the CITY; and
Whereas, such encroachment is a residence built into the hillside of said CITY property; and
Whereas such hillside lends critical physical support to such residence; and
Whereas ABELlN has two additional residences which do not meet CITY and County set back
regulations; and
Whcreas the parties are desirous of resolving the matter without detriment to the improvements
of ABELIN.
Now therefore the parties agree as follows:
The CITY OF BOZEMAN hereby grants to ABELlN EST A TE RENTALS, LLC, an easement
for receiving more than natural support from the adjacent land which supports the building
owned by ABELIN, and additionally grants to ABELIN said easement for the purpose of
receiving and protecting the right to receive air and light in the area which is the subjeet of this
easement.
The easement shall consist of that property set out and marked with crosshatching, and which is
described on EXHIBIT A attached hereto and incorporated herein by this reference.
J fPiAniJ
-1-
1111111111111111111111111111111111111111111111111111111 ~~2~1:2:~~,
Shelley Vance-G~llatin Co MT MISC 44 00
The parties agree that this easement is permanent and shall run with the land, and shall be
binding upon and inure to the benefit of the parties hereto, their heirs and assigns.
Dated this (0
day of
Jvty
,2006.
~A_~
CITY OF BOZEMAN by
jJ~ / <<teL
~BELIN ESTATE RENTALS, LLC by
ST ATE OF MONTANA )
) ss.
County of Gallatin )~
On this J t~ day of ,2006 e.the IIndf'Nio-np,.-l '"
Notary Public for the State of M tana, p rsonallyappeared, V'
known to me to be the (PJ!{~/~llil1;h\/V of" /., . and the
person whose name is ~ribed to the within instrument and acknowledged to me that he/she
e uted, the withi!1 instru ent for a d on e al of
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
lI1
(Printed N""& f.J!i..
Residing at m ,'. .
My Commission EXPireP ~/ /201D-
-2-
111111111111111111111111111111111111111111111111111111I ~~~~~~~~~A
Shelley Vance-Gallatin Co MT MISe 44 00
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ~ay of. -G J ;11 A , 20011, before me the undersigned, a Notary Public
for the State of Montana, per~ared CHRISTOPHER A. KUKUKSKl and BRIT
FONTENOT, known to me to be the City Manager and City Clerk for the City of Bozeman and
the person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
~\.\ \,' ."
/:CSEAL)
I",
~
otary Public for the State of Montana
Residing at Bozeman I lO
My Commission Expires 'U '1.1J
,<\
,...
v'
f)'.
, r~ (
,.
1111111111111111111111111111111111111111111111111111111 ~~11:~~~,
Shelley Vance-Gallatin Co MT MISC 44 00
.
. FOUND 1/2" PIPE
A
SITE PL N
CHURCH C NDOMINIUMS
Address:
1326 South Church Avenue I
1316 South Church Avenue I
JS1"
Scale In Feet
50 0 50
I ~ I
I
15 0 15
Scale In Meters
IC8l1
Engineering and Surveying Inc.
205 Ede_ 0'Mt. -"'n, Mo.-,. 59718
Phone (4m] 587.1' , 5 . F8x (4OB] 587-9768
www_ch<lngineors,ccm . inhlOchenWn-II'S_com
CD
J
"'"
><
><
~IA. LID
>< GM
><
L
~
"
'-' s::--.,
K:' ,,,~
Q;- ,f,,f
9..0 .....: It)
(j "tv
Q,CJ::- ())
0'
~
14TH STREET S.E.
w
~ (')
E 8
~
;;::>
~
..c:
o
~
U
><
'"-------
(f)
f-
:r:
(')
W
:r:
u
n::
f-
u
W
...J
W
ALLEY
PROPOSED EASEMENT FOR
BUILDING ENCROACHMENT
AND ACCESS 4430 SQ. FT.
(SHOWN WITH SHADING)
10'
'?
I")-:q.
N.~
.-q-
f'N
00.
C;
(f)
'----'
JOHNSON PLACE
Sh et 1 of 1
a:
N '"
m OJ
N""O
__<0
.... 0 g
fl') "" ~
NQjS"
N~;:.::
0-0
iiiiiiiiiiiiiii 0
~o
=== ::
-
iiiiiiiiiiiiiii
-
=u
-<n
_E
iiiiiiiiiiiiiii I--
=>":
iiiiiiiiiiiiiii 0
-u
-
~.S
-~
iiiiiiiiiiiiiii ..
--
--
-..
iiiiiiiiiiiiiii <r
=.,
_0
=c
!!!!!!!!!!!!!!! ~
iiiiiiiiiiiiiii ;>.
-.,
=-
iiiiiiiiiiiiiii OJ
~.r::.
_<n
#06092(D)