HomeMy WebLinkAbout13 Easement Doc #2044564 2044564
Page: 1 of 5
08/09/2001 04:01P
Shelley Vance-Gallatin Co MY RISC 30.00
PEDESTRIAN ACCESS EASEMENT
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This Easement agreement, made this day of 200 1 by and between
Tange Family L.L.C., a Montana Limited Liability Company,with mailing address of 2800 Spring
Meadows Drive, Bozeman, MT 59715, hereinafter called "Grantor", and the City of Bozeman, a
municipal corporation, with a mailing address of P.O. Box 1230, Bozeman, MT 59771-1230,
hereinafter called"City".
RECITALS
WHEREAS, the Grantor is the owner of: Oak Street Place P.U.D.,
and situated on the follow described real property:
Lot 5, Block 3, AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION, hereinafter called
"Lot 5"•
WHEREAS, the Grantor is in the process of constructing and/or remodeling the above described
facility;
WHEREAS, the City retains a right-of-way along Oak Street which extends from the curb to the
Grantor's property line;
WHEREAS,the City's right-of-way is not wide enough to accommodate the desired boulevard and
sidewalk configuration;
WHEREAS,the Grantor has agreed to a request by the City to construct a sidewalk 8 feet wide. This
sidewalk will occupy a space within the Grantors property that varies in distance from the curb,thus
creating additional boulevard and green space 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
obligations herein contained, does hereby grant and convey unto the City and its assigns an
irrevocable and perpetual easement in, to, over and upon the sidewalk and the land appurtenant
thereto for pedestrian ingress and egress. The easement is more particularly shown and described
on the attached Exhibit A,which by this reference is made apart hereof. 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 this 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
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Shallay Vanoa-Gallatin Co MT MISC 30.00
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 easement shall run with the land and be fully transferable and assignable in connection
with the sale or other transfer of said Lot 5, as an encumbrance thereto, and shall be binding
upon the heirs, successors and assigns of the Grantor and the City.
IN WITNESS WHEREOF, the parties hereto have executed this easement.
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DATED this�iday of j UJI-V , 200L.
TANGE FAMILY, L.L.C., a Montana Limited Liability Company
Carl Tange, Jr., presi ent-
STATE OF '�d I C*k1 }
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County o �(�Xl .�o ' 4
On this �� day of 200 ,before me the undersigned, a Notary Public for
the State of ' -A l Y Y , personally appeared Carl Tange, Jr., known to me to be the
president of Tange F ily,L.L.C.,a Montana limited liability company,and to be the person whose
name is subscribed to the within instrument,and acknowledged to me that he/she executed the same,
for and on behalf of said limited liability company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year
first above written. �
1 ;
Lisa M. Engelhardt Notary Public for the State df ,
o _o� COMM. #1157323
J NOTARY PUBLIC.CALIFORNIA
o Residing at: ( 1
SANJOAQUINCOUNTY M Commission Expires:
4.;Commis*r E;pkn Oct.29.2001 y on p
ACCEPTED:
City of Bozeman
By its:
ATTEST:
Clerk of the/City Commission
M �
STATE OF MONTANA } 2044f 5
}:Ss 08/08/2001 04:01P
County of Gallatin Shelly Vanoe—Gallatin Cc MT MISC 30.00
On this 1(.e day of v t ,200 1 ,before me the undersigned, a Notary Public for
the State of Montana, person lly appeared Clark V. Johnson and Robin L. Sullivan, known to me
to be the City Manager and Clerk of City Commission, respectfully, for 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 set my hand and affixed my official seal the day and year
first above written.
Z
yl Notary Public for the State of Montana
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f 10 y� Residing at: p-ee 4 a.rt
My Commission Expires: 14 Zoo Z.
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2044564
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00l09/2001 04:01P
5hallev Vance-Gallatin Co MT M15C 30.00
EXHIBIT A
SHEET 2 OF 2
DESCRIPTION OF PEDESTRIAN ACCESS EASEMENT
That part of Lot 5, Block 3, AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION,
according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin
County,Montana, lying within a strip of land 12 feet wide. The centerline of said strip is described
as follows:
Commencing at the southwest corner of said Lot 5; thence southerly 181' 38' 19",
assumed azimuth from north, 4.97 feet along the southerly extension of the west line
of said Lot 5,to the point of beginning of the center line to be described; thence easterly
092' 00' 00" azimuth 27.26 feet; thence easterly 24.75 feet on a tangential curve
concave to the north, radius 46.00 feet and central angle 30' 49' 37"; thence easterly
99.05 feet on a reverse curve concave to the south,radius 100.00 feet and central angle
56' 45' 01"; thence easterly 47.51 feet on a reverse curve concave to the north, radius
105.00 feet and central angle 25' 55'24"; thence easterly 092' 00'00" azimuth 113.29
feet, tangent with said curve; thence easterly 32.60 feet on a tangential curve concave
to the north,radius 85.00 feet and central angle 21° 58' 19"; thence easterly 116.66 feet
on a reverse curve concave to the south,radius 150.00 feet and central angle 44'33'33";
thence easterly 23.65 feet on a reverse curve concave to the north,radius 60.00 feet and
central angle 22° 35' 14"; thence easterly 092' 00'00" azimuth 11.78 feet,tangent with
said curve,to the southerly extension of the east line of said Lot 5 and there terminating.
Area of Easement= 3,135 square feet
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