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HomeMy WebLinkAbout702 E MAIN ACCESS EASEMENT AGREEMENT Return to: Sanderson Stewart 106 East Babcock, Suite L1 Bozeman, MT 59715 ACCESS EASEMENT AGREEMENT The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, Grantor, in consideration of $ 1.00 and for other and valuable considerations, receipt of which is acknowledged, grants to Mark Adrian Jarvis, whose address is 4782 Jackson Creek Road, Bozeman, MT 59715, Grantee, its successors and assigns, an access easement for the use of the GRANTEE, in, through, and across a strip of land situated in Gallatin County, Montana. RECITALS WHEREAS, the Grantor owns the real property (hereinafter "Grantor's Parcel") in Gallatin County, Montana, described as follows: All that portion of Ida Avenue lying between the South line of Main Street and the South line of Curtiss Street, pursuant to Ordinance No. 402. (Deed Reference: 2049474, records of Gallatin County, Montana) WHEREAS, the Grantee owns the real property (hereinafter "Grantee's Parcel") in Gallatin County, Montana, described as follows: All that part of the SE1/4NE1/4 of Section 7, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, included within the following metes and bounds, to wit: Commencing at a point in the west line of said quarter of quarter section, 173 feet North of the Southwest corner thereof; thence North 140 feet; thence East 60 feet; thence South 140 feet; thence West 60 feet to the point of beginning. (Deed Reference: 2775377) Together with that portion of vacated Main Street, which attached to said tract of land by operation of law pursuant to Ordinance 643, dated March 2, 1934, recorded September 5, 2012, Document No. 2425599, records of Gallatin County, Montana. WHEREAS, Grantor's Parcel and Grantee's Parcel are contiguous; WHEREAS, the parties desire to create an access easement ("Easement") through a specified portion of Grantor's Parcel for purposes of providing access to Grantee's Parcel; WHEREAS, Grantor is willing to grant Grantee an Easement subject to the terms and conditions of this Agreement; NOW, THEREFORE, the parties here to, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including, but not limited to, the mutual covenants and promises contained herein, do hereby agree as follows: AGREEMENT 1. Description of Easement. Grantor agrees to grant an Easement through a portion of Grantor's Parcel for purposes of providing ingress and egress access to Grantee for the benefit of Grantee, Grantee's Parcel, any subsequent owners of Grantee's Parcel, and their guests. The easement is further described and attached hereto as Exhibit A. The Easement shall run adjacent to the Grantor’s existing wood retaining wall, however excluding said retaining wall from the Easement area, as shown on the attached Exhibit A. 2. Grant of Easement. Grantor hereby grants and conveys to Grantee the Easement described above herein and Grantee hereby accepts the grant and conveyance of said Easement from Grantor for an initial term of 25 years. This Agreement may, upon mutual agreement by both parties, be extended for a period of time as agreeable by written agreement of the parties. 3. Maintenance of the Easement. Grantee agrees that any and all costs and expenses of keeping, maintaining, repairing and restoring the Easement shall be the responsibility of Grantee, and its' successors and assigns. Both parties further agree that the existing wood retaining wall adjacent to the Easement area shown on Exhibit A is the property of the Grantor and will remain the Grantor’s property after the Easement is executed. 4. Expenses and Costs Associated with Easement. Grantee agrees to pay for and be responsible for all expenses and costs associated with the creation, conveyance and recording of the easement and this Agreement, including, but not limited to, all recording fees, filing fees, surveying fees, and engineering fees. 5. Binding Effect. The Easement shall run with the land and shall be binding upon the heirs, successors and assigns of the respective parties thereto. 6. Entire Agreement. This Agreement embodies and constitutes the entire understanding between the parties hereto with respect to the transaction contemplated herein. 7. Modification. This Agreement may not be amended, modified or changed except by a written instrument signed by Grantor and Grantee, or their successors and assigns. 8. Construction. The language in all parts of this Agreement shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the parties hereto. Headings at the beginning of sections and subsections of this Agreement are solely for the convenience of the parties and are not a part of this Agreement. When required by the context, the words "Grantor" and "Grantee" shall include the respective heirs, successors and assigns, if any, of them. 9. Governing Law and Jurisdiction. This Agreement shall be governed by and constructed in accordance with the laws of Montana. All lawsuits filed to interpret or enforce the terms and conditions of this Agreement must be filed in the 18th Judicial District Court, Gallatin County, Montana. 10. Severance. Should any portion of this Agreement be declared invalid and unenforceable then such portion shall be deemed to be severed from this Agreement and shall not affect the remainder of this Agreement. 11. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. As used herein, “counterpart" shall include full copies of this Agreement signed and delivered by electronic transmission, as well as photocopies of such electronic transmission. Signature pages to follow GRANTOR: __________________________ CITY OF BOZEMAN by ________________________ City Manager ATTEST: Mike Maas City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 20 , before me, a Notary Public for the State of Montana, personally appeared and MIKE MAAS, known to me to be the and City Clerk, 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 set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20 EXHIBIT A NORTH 010 SCALE:1" = 20' 2010 ACCESS EASEMENT AGREEMENT - DESCRIPTION An access easement is located on a portion of land described as a portion of vacated Ida Avenue lying between the south line of Main Street and the south line of vacated Curtiss Street, recorded as Document No. 2049474, in the office of the Gallatin County Clerk and Recorder, located in the northeast quarter of Section 7, Township 2 South, Range 6 East, Principal Meridian Montana, County of Gallatin, State of Montana, being more particularly described as follows: Beginning at the southwest corner of a parcel of land described as Document No. 2775377; thence N00°50'37"W, 140.56 feet along the east face of an existing wood retaining wall to the south right-of-way of East Main Street; thence N89°59'54"E, 3.86 feet along the south right-of-way of East Main Street to the northwest corner of said parcel; thence S00°43'46"W, 140.56 feet along the west line of said parcel to the Point of Beginning. Containing 271 square feet.