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Home My WebLink About21- Agreement to Amend Train Corridor Easement - Resonon Property Holdings, LLC - 123 Commercial Drive Return to: City of Bozeman Office of the ' Clerk 121 No Ouse Avenue,Suite 201 Bo an,Montana 59715 V// �cArr� Return to' City of Bozeman City Clerk 2747233 PO Box 1230 BoZernetn. MT 59771-1230 Page: 1 of a o8/20/2021 02:21:17 PM Fee: $32.00 1111111111111111111111111111111111 IN 1111111111111111111111111111111111111111111 IN M sc AGREEMENT TO AMEND TRAIL CORRIDOR EASEMENT This Agreement to Amend Trail Corridor Easement("Amendment") is made J7v {' , 2021, between RESONON PROPERTY HOLDINGS, LLC, a Montana limited liability company, 123 Commercial Drive, Bozeman, Montana 59715 ("Resonon"), and the CITY OF BOZEMAN, a municipal corporation and self-governing political subdivision of the State of Montana, City Hall, 121 North Rouse Avenue, Bozeman, Montana 59715 (the "City"). Resonon and the City are sometimes referred to herein collectively as the"Parties"and individually as a"Party." RECITALS A. Resonon owns real property(the"Pro a ") located at 123 Commercial Drive,Bozeman Montana, more particularly described as follows: Tract A-1-A of the Amended Plat of Tract A-1, of the Amended Plat of Tract A, of C.O.S. 27A, and Lot 1, of the Amended Subdivision Plat, Rearrangement of Block 1, Bridger Center Subdivision, and Lot 1A-1, of Bridger Center Subdivision, Amended Lot IA and 1B, in the City of Bozeman, Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the Clerk and Recorder, Gallatin County,Montana. (Plat Reference: H-37-D) B. On June 1, 2006, James P. Tarpey and Glenn E. Ostrowski, the then-owners of the Property, executed a Trail Corridor Easement (the "Easement Agreement") granting the City a trail corridor access easement over and across the Property for the use of the public. The Easement Agreement depicts the area subject to the easement in an Exhibit A attached thereto. C. The Easement Agreement was recorded June 21, 2006 in the records of Gallatin County, Montana, under Document Number 2232003. D. The Parties desire to amend the Easement Agreement by relocating the easement area to facilitate the expansion of an existing building on the Property,all as set forth in the following Amendment. AMENDMENT THEREFORE,in consideration of the mutual promises herein contained,the Parties agree as follows: 1. Incorporation of Recitals.The recitals set forth above are incorporated herein by this reference. AGREEMENT TO AMEND TRAIL CORRIDOR EASEMENT.........................................................................................................PAGE I 2. Amendment of Easement Agreement. The Parties hereby amend the Easement Agreement to modify and relocate the trail corridor easement location, dimensions, and area depicted in Exhibit A of the Easement Agreement. Upon execution of this Amendment,the location,dimensions, and area of the trail corridor easement created in the Easement Agreement shall be as shown in Exhibit A of this Amendment. 3. Conflicts; Ratification. In the event of any conflict between the terms of the Easement Agreement and those of this Amendment, this Amendment controls. In all other respects the provisions of the Easement Agreement remain unchanged and are hereby ratified and confirmed. 4. Binding Effect. Except as expressly provided otherwise herein, the terms, covenants and conditions contained in this Amendment shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 5. Governing Law. This Amendment and any disputes arising hereunder shall be governed hereafter and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. 6. Counterparts. This Amendment may be executed in any number of counterparts, all of which when taken together will constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the day and year first above written. Reson n P ope Ho ,LLC By: Rand C Swanson,Member M By: I Michael R.Kehoe,Member City of Bozeman By: e ihelich,City Manager Attest: G�� UIE' � � By: ►"tl `4";0 Mike Maas,City Clerk iA P'Cl,•AIfAt,.`Sf�'' AGREEMENT To AMEND TRAIL CORRIDOR EASEMENT.........................................................................................................PAGE 2 STATE OF MONTANA ) . SS. County of Gallatin ) This instrument was acknowledged before me on JLo 2 , 2021, by Rand C. Swanson, as a member of Resonon Property Holdings,LLC, a Montana lidnited liability pany. Notary Signature Seal: DEAN STUDER -p` N SrU�Fp Notary Public NpTAR144. >for the State of Montana Residing at: STATE OF MONTANA t. SEAL•.',> Billings, Montana SS. My Commission Expires: •, OF MO County of Gallatin ) 1f, March 18,2025 This instrument was acknowledged before me on 2q , 2021, by Michael R. Kehoe, as a member of Resonon Property Holdings,LLC, a Montana imite any. Notary Signature Seal: DEAN STUDER p. T.' Notary Public TAR/qj.. :for the State of Montana Residing at: STATE OF MONTANA ) ''`• SEA1 Billings, Montana ss. 9' ....•'P`�c -•,<�oF Mo��, My Commission Expires: County of Gallatin March 18,2025 This instrument was acknowledged before me on 1L , 2021, by Jeff Mihelich, as City Manager of the City of Bozeman,a municipal corpora taffy Signature Seal: HEATHER BIENVENUE l3JE^`c<* Notary Public \OTAR/q4Zm=_fcr the State of Montana STATE OF MONTANA ) = —— - Residing at: SS. SEAL.�Q Bozeman, Montana >,? 6......g° My Commission Expires: County of Gallatin ) January 26,2022 This instrument was acknowledged before me on I ' 20- 21, by Mike Maas, as City Clerkof the City of Bozeman,a municipal corporation. 4otkary Signature Seal: HEATHER BIENVENUE Notary Public - pfiRR;q� =for the State of Montana Residing at: =* _ Bozeman, Montana ._ 6F, ,: ,rz _ my Commission Expi�,es: AGREEMENT TO AMEND TRAIL CORRIDOR EASEMENT....................................... ...:::ySnf�E,p �,��....... a�nuaw�� '2022 AGE EXHIBIT A SHOWING A TRAIL EASEMENT ACROSS TRACT A-1-A OF THE AMENDED PLAT OF TRACT A-i OF THE AMENDED PLAT OF TRACT 'A' OF CERTIFICATE OF SURVEY 27A & LOT i OF THE AMENDED SUBDIVISION PLAT, REARRANGEMENT OF BLOCK 1, BRIDGER CENTER SUBDIVISION, & LOT IA-1 OF BRIDGER CENTER SUBDIVISION, AMENDED LOT IA & 1B, SITUATED IN THE WY2 SWY4 SEY4 SECTION 31, TiS, R6E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA S80'11'08"E 16.69' w cor 1A r:) BRIDGER m 33.99' CENTER p t SUBDIVISION TRACT Z ��s A-1—A TRACT GL-1 COS 1221 c^ ti ate, OAIMERCIAL DRIVE S25'28'28"E 37.50' 29.18' o� Fq gsSR. h� Cif 0) LOT 1A-lA 1 qQ �S 40.00' BLOCK 3 25.00' BRIDGER �6• //q S' CENFER S7j•75'31"E SUBDI SION � 96 85.35 d6, � N;'775'37„w 108.36. GAST NG N SURVEYIV G &nSOILS' TESTING 50 � 50 / SBEET 1 1 N CCNSVL 77MG ENME£RS PRO.k IB-528 LAND SVRWYORS 18-528 m ESLT.DNC SO&S 7ES77NG TAB: MAIL ESVT P.O.BOX 861 1 inch = 50 ft. 9/I2/IB 80(406 6-05M FAX-5B6-0589 AGREEMENT TO AMEND TRAIL CORRIDOR EASEMENT.........................................................................................................PAGE 4