HomeMy WebLinkAbout24 - Easement Type Unknown - Mark Adrian Jarvis - Ida Avenue 2828425
Page: 1 of 6 06/21/2024 1108:26 AM Fee: $48.00
Eric Semerad - Gallatin County, MT MISC
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City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
Return to:
Sanderson wart
106 Ea abcock,Suite L1
Bo an,MT 59715
NON-EXCLUSIVE EASEMENT AGREEMENT
The City of Bozeman, a self-governing municipal corporation,with offices at 121 North Rouse
Avenue, Bozeman, Montana 59715,through its Library Board of Trustees, Grantor, in
consideration of$1.00 and for other and valuable considerations,receipt of which is
acknowledged, grants to Mark Adrian Jarvis, whose mailing address is 702 East Main Street,
Bozeman, MT 59715, Grantee, its successors and assigns, a non-exclusive 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.
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WHEREAS, Grantor's Parcel and Grantee's Parcel are contiguous; and
WHEREAS, Grantee desires to gain approval for Site Plan Application No. 23-266 from
the City of Bozeman's Department of Community Development and, Grantee's property does
not have sufficient land on the west side of Grantee's building to meet the requirements of
Bozeman Municipal Code Section 38.400.090.C.3.b, and Grantee requests the City allow
Grantee to use a portion of the City's land to meet this requirement; and
WHEREAS, Grantor desires to grant this easement to facilitate the Grantee's adaptive
reuse of its property as shown in Site Plan Application No. 23-266; and
WHEREAS, Grantor is willing to grant Grantee this 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 a non-exclusive easement("the
Easement") over a portion of Grantor's Parcel for the sole purpose of providing sufficient land to
enable the Grantee to satisfy requirements in Chapter 38 of the Bozeman Municipal Code related
to Grantee's driveway along the westside of Grantee's building during the term of this Easement.
This easement will be for the benefit of Grantee, Grantee's Parcel, any subsequent owners of
Grantee's Parcel, and their guests. The easement area is further described and attached hereto as
Exhibit A.
2. Grant of Easement. Grantor hereby grants and conveys to Grantee the Easement
described above and Grantee hereby accepts the grant and conveyance of said Easement from
Grantor. The Easement is limited to a term of 25 years. This easement is conditioned upon
Grantee receiving site plan approval for Site Plan Application No. 23-266. The easement period
begins to run on the day the City preliminarily approves Site Plan Application No. 23-266.
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Should the Grantee not receive a final occupancy permit for a building permit issued pursuant to
Site Plan Application No. 23-266 within five (5) years of the date of Site Plan approval, this
easement is terminated and of no force and effect regardless of Grantor taking any action to
terminate this easement.Notwithstanding the above, Grantor may record a document terminating
this Easement. Furthermore,this Easement does not provide Grantee the right to use the
easement area for development of the Grantee's property other than as proposed in Site Plan
Application No. 23-266. As such, the use of the easement area is strictly limited to providing
area for driveway as required by the Chapter 38 of the Bozeman Municipal Code. As such, this
Easement does not provide Grantee the right to use the Easement for any purpose other than
Grantee's driveway. Grantee acknowledges Grantor may use the property, without notice to
Grantee, for any purpose that does not materially affect Grantee's ability to use the property for
Grantee's driveway. 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.
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. Indemnification. To the fullest extent permitted by law, Grantee, and its successors,
assigns, and guests shall release, defend, hold harmless, and indemnify the City of Bozeman, the
Bozeman Library and its Board of Trustee, and the employees, officers, and agents of the same
(the "Indemnitees") from and against any and all claims, demands, actions, fees and costs
(including attorney's fees and the costs and fees of expert witness and consultants), losses,
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expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to
the cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by a Indemnitee occasioned by, growing or arising out of or resulting
from or in any way related to the Grantee's, or its successors, agents, or guests,use of the
Easement area, other than those acts caused solely by the willful or negligent acts or omissions
of the Grantor.
6. Binding Effect. The Easement shall run with the land and shall be binding upon the
heirs, successors and assigns of the respective parties thereto.
7. Entire Agreement. This Agreement embodies and constitutes the entire understanding
between the parties hereto with respect to the transaction contemplated herein.
8. 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.
9. 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.
10. 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.
11. 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
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remainder of this Agreement.
12. 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 page to follow
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GRANTOR:
S
CITY'OF BOZEMAN
By: Stew Mohr
Chair, Bozeman Public Library Board
ATTEST:K�Na s
Mike Maas
City Clerk
STATE OF MONTANA )
)SS.
County of Gallatin )
On this ZV day of Z3 rdy , 2 LL before me, a Notary Public for
the State of Montana,personally appeared Stew Mohr, and Mike Maas,known to me to be the
Chair of the Bozeman Public Library Board and the City Clerk,respectively, 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, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
c
MICHELLE CHAPEL Notary Public for the State of Montana
Notary Public
-;�.',AoTAR1q4 r:for the State of Montana
Residing at: (Printe Name)
SIN. Bozeman,Bozeman, Montana
'9OFM� P?• My Commission Expires: RBSidlri at
April 21,2025 My Comm es /20