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Home My WebLink About23 - Easement Type Unknown - BT-OH, LLC - Gardner-Simmental Plaza, Tract 7 Lot 3 t p6p }y( E 280025 Page 1 of 6 05/02/2023 02:33:06 PM Fee:$48.00 Eric Sernerad-Gallatin County, MT MISC 1 T MONTANA-rITr.E AND ESCROW QRDER# -39WO DOCUMENT ELECTRONICALLY RWORDED . Return to: Sanderson Stewart 106 East Babcock,Suite L1 Bozeman,MT 59715 NONEXCLUSIVE TRAIL CORRIDOR EASEMENT I BT`W-' LC,a Delaware limited liability company("GRANTOR"),successor by merger to Montbill Corporation,a Montana corporation,in consideration of one dollar($1.00)and for 1 other good and valuable consideration,receipt of which is hereby acknowledged,grants to the City of Bozeman,a Municipal Corporation of the State of Montana,with offices at 121 North Rouse Avenue,Bozeman,Montana 597I5("GRANTEE"),a perpetual nonexclusive trail a corridor easement(the"Easement")for the use of the public in,through and across a strip of land of varying width,situated in Gallatin County,Montana,which is located on the following described property: Lot 3 of Tra t 7 ofGardner-Simmental Plaza a tract of land located in the f Section 35 TownsWp 1 South.Range 5 East.M.P.M. Galldin County,Montana accordjmg to the official, lat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana less and excepting therefrom that 11ortion deeded to the E State of Montana in bargain and sale deed recorded]anuary 13,1993 in Film 129.Page 727, t offs ial records the`T " The Easement is more particularly described on Attached Exhibit A annexed hereto. The GRANTOR warrants that,subject to easements on the ground and all matters of record,it is lawfully seized and possessed of the Property described above. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. The terms,covenants and provisions of this Easement shall extend to and be binding upon the heirs,executors,administrators,personal representatives,successors and assigns of the parties hereto. Additional terms and conditions: (1)GRANTEE agrees to protect,defend,indemnify,and hold GRANTOR,its officers, agents,contractors and employees(collectively,the"Grantor Parties"),harmless from I� MONTANA T!T[_E ANQ ESCROW DOCUMENT ELECTRONICALLY RECORDED f Return to: Sanderson Stewart 106 East Babcock,Suite L1 Bozeman,MT 59715 NONEXCLUSIVE TRAIL CORRIDOR EASEMENT BT OH,LLC,a Delaware limited liability company( GRANTOR ),successor by merger to Montbill Corporation,a Montana corporation,in consideration of one dollar($1.00)and for other good and valuable consideration,receipt of which is hereby acknowledged,gnats to the City of Bozeman,a Municipal Corporation of the State of Montana,with offices at 121 North Rouse Avenue,Bozeman,Montana 59715('GRANTEE'),a perpetual nonexclusive trail corridor easement(the"Easement")for the use of the public in,through and across a strip of land of varying width,situated in Gallatin County,Montana,which is located on the following described property:__Lot 3 of Tract 7 of Gardner-Simmental Plaza,a tract of land located in the EY2 of Section 35,Township 1 South,Range 5 East,M.F.M.,Gallatin County Montana according to the official plat thereof on file and of record in the office of the Co n, Clerk:and Recorder of Gallatin CoIluty,Montana less and excoting therefrom that portion deeded to the State of Montana in bargain and sale deed recorded January 13 1993 in Film 129 Pa eg 727 official records(the']Property") The Easement is more particularly described on Attached Exhibit A annexed hereto. The GRANTOR warrants that,subject to easements on the ground and all matters of record,it is lawfully seized and possessed of the Property described above. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. The terms,covenants and provisions of this Easement shall extend to and be binding upon the heirs,executors,administrators,personal representatives,successors and assigns of the parties hereto. Additional terns and conditions: (1)GRANTEE agrees to protect,defend,indemnify,and hold(_YRANTOR,its officers, agents,contractors and employees(collectively,the"Grantor Parties"),harmless from and against all claims,liabilities,demands,causes of action,and judgments t (including the cos t of defense and reasonable attorney fees)arising in favor of or asserted by the Grantor Parties or third parties on account of personal or bodily injury,death or damage to properly,arising out of the acts or omissions of the GRANTEE,its agents,or sub-contractors,or caused or claimed to be caused by the existence of the Easement and the exercise of GRANTEE's rights Ender this Agreement,except for the negligence of GRANTOR. (2)GRANTEE hereby represents,warrants and agrees that GRANTEE will be engaging a contractor or contractors(the"CONTRACTORS")to construct the trail upon and over the Easement area and to maintain it. GRANTEE shall be responsible for any and all mechanics'and other liens and encumbrances filed by any person claiming by, through or under GRANTEE,or performing work on behalf of GRANTEE, including,without limitation,the CONTRACTORS,and GRANTEE will be responsible for all costs,expenses,losses and liabilities(including reasonable attorneys'fees)incurred by GRANTOR in connection with any such lien or encumbrance or any action or proceeding brought thereon that is a result of this Easement. GRANTEE at its expense shall procure the discharge of record of all such liens and encumbrances within.thirty(30)days after notice thereof. (3)Prior to any entry onto the Property by the CONTRACTORS,GRANTEE shall ensure that all CONTRACTORS provide GRANTOR with evidence of instumwe by way of appropriate and sufficient certificates of insurance and applicable endorsements,iucluding the following coverages: (i) Comprehensive Automobile and Vehicle Liability insurance("Auto Liability") covering claims for injuries to property of others arising from the use of motor vehicles,including offite and offsite operations,and owned and non-owned or hired vehicles,with$2,000,000 combined single limits;and (ii) Commercial General Liability insurance("General Liability")covering claims for injuries to members of the public or damage to property arising out of any covered negligent act or omission of CONTRACTORS and any of their employees,agents,or subcontractors with$3,000,000 per occurrence and in the aggregate. (iii) CONTRACTORS shall maintain,Workers'Compensation and Employers'Liability insurance as required by the state of Montana. GRANTEE hereby agrees that it shall ensure that GRANTOR is named as an additional insured on all Auto Liability and General Liability policies carried by G CONTRACTORS by appropriate endorsement thereof and with respect to Workers'Compensation and Employers'Liability insurance,GRANTEE shall ensure that all rights of subrogation have been waived by CONTRACTORS' carriers against GRANTOR. (4) GRANTEE shall minimize any disruption to GRANTOR'S business operations occasioned by GRANTEE'S use of the Easement Area. Installation shall be accomplished in an expeditious manner.GRANTEE shall maintain comprehensive general liability insurance during the duration of construction of the GRANTEE'S construction project naming GRANTOR,United Parcel Service,Inc.,a Delaware corporation,and its officers,directors,employees,agents,and invitees as an additional insured under the GRANTEE'S general liability insurance.Prior to any entry upon the Easement Area and from time to time,GRANTEE shall provide a certificate of insurance to GRANTOR evidencing that such insurance is in ful L force and effect and upon the execution of the Easement. (5)GRANTEE,upon conclusion of any activity upon said Easement,shall cause all debris and materials incident to such activity to be removed from GRANTOR'S property and to the extent reasonably possible,shall restore the property to its pre- existing state. (6)GRANTEE shall not use the surface of the Easement Area for any purpose and in any manner not specifically authorized herein. (7)GRANTEE shall comply with all Local,State and Federal environmental laws,rules, codes and regulations in connection with its activities on GRANTOR'S premises and in the Easement Area. GRANTEE shall indemnify,defend and hold GRANTOR harmless from any breach of the foregoing covenant. (8)The Easement shall not be effective until GRANTOR and GRANTEE have executed this Easement. Signature pages to follow. DATED this day of 1 2023. I GRANTOR: BT-OH,LLC,a Delaware limited liability company,successor by merger to Montb€I I Corporation,a Montana corporation By: Name. Title: I A ' Date: STATE OF GEORGIA ) ):ss County of Fulton ) On this V day oftf[� 2023,b foe erg the undedeed,,atNotary Public in and for the State of co ia,person y appeared 'PC✓t~' known to me to be the of BT-OH.LLC,a Delaware limited liability company, successor by mergel to Moutbill Corporation,a Montana corporation,whose name is subscribed to the within instrument,and acknowledged to me that he did execute the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) d ,6 �� ¢ d � Notary lic *Stateo gia Residing at flTa r My Commission expires U �6'�,��.r ,� � •saasaor £�"�& � • i I ACCEPTED: I City of Bozeman By Ci ger L'^Iw Cis � F r •.? ATTEST: A�Ae City Clerk ( n. STATE OF MONTANA ) }ss. Gallatin County ) On thi, day of ,202�before me,a Notary Public for the State of Montana,personally app aced JEFF MIHELICH and MIKE MAAS,known to me to be the City Manager and City Clerk 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 fast above written. SEAL C' JULIE HUNTER Notary Public ;'OT01,4 j' for the State of Montana o t I f r State of M utana "* $EAL, �`` Residinfl at: Q`� �r Bozeman, Montana (./.1 J1b My Commission Expires: �''!�� r rf i >`�` June 11,2025 (Printed Name) Residing at Bozeman,Montan• My Commission Expires: W / /2D�� EXHIBIT A AN EASEMENT SITUATED IN LOT 3 OF TRACT 7 OF GARDNER-SIMMENTAL PLAZA,A TRACT OF LAND LOCATED IN THE E'/2 OF SECTION 35,TOWNSHIP 1 SOUTH,RANGE 5 EAST,M.P.M., GALLATIN COUNTY,MONTANA,ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY,MONTANA,LESS AND EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF MONTANA IN BARGAIN AND SALE DEED RECORDED JANUARY 13, 1993 IN FILM 129,PAGE 727,OFFICIAL RECORDS N89°13'60"W 1.or t,yam s 26.41' PLAr 1-b (PROPERTY LINE TO EASEMENT) N89013'50"W 286.191 SS°21'04"W 23.81' OWNER INFORMATION (CURRENT AS OF PRINTED DATE) S1°26'08"W BT-OH,LLC A DELAWARE LIMITED 184.4V LIABILITY COMPANY R=427A0' 55 GLRNL.AKR PARKWAY ril L=87.53' ATLANTA,GA 30328-3474 W ! A=11°44'44" LEGAL DESCRIPTION z A STRIP OF LAND,OF VARYING WIDTH AND DESCRIBED W i �EASEMENT AS FOLLOWS: d / LINE COMMENCING AT A POINT ON THE EAST RIGHT OF WAY OF NORTH 19TH AVENUE,AT THE SOUTHWEST CORNER CL TRAIL OF LOT 3 OF TRACT 7 OF THE GARDNER SIMA4ENTAL E- PLAZA SUBDIVISION:THENCE S.89°13'26"B FOR 35.63 0 MET;THENCE N.9°06 09"W FOR 32.84 FEET,THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF r�r N3°23'41"W 350 FEET,A CENn AL ANGLE OF 5°42'28"FOR AN ARC E- 59.76' LENGTH OF 34.87 FEET;THENCE N.3"23'41"W FOR A 4+ I DISTANCE OF 59.76 FEET;THENCE ALONG A CURVE TO 0 THE RIGHT HAVING A RADIUS OF 427 FEET,A CENTRAL. Z ANGLE OF 11°44'44"FOR AN ARC LENGTH OF 87.53 FEET;THENCE N 8°21'04"E FOR A DISTANCE OF 23.81 FEET TO A POINT ON THE NORTH BOUNDARY OF LOT 3, R=350.00' TRACT 7,OF THE GARDNER SIMMEVTAL PLAZA L=34.87' SUBDIVISION;THENCE N.89°IT 50"W FOR 26.41 FEET; A=5°42'28" THENCE S.1"26'08"W FOR 194.40 FEET;THENCE S.0°43' S0 4 '20 1' 20"E FOR 53.11 FEET TO THE POINT OF BEGINNING. THE DESCRIBED STRIP OF LAND CONTAINS 5,981 SQUARE ` FEET,MORE ORLESS. ` N9°06'09"W 32.84' o- 89°13'26'E 155.3T N89°13'26"W N- 35.65' (PROPERTY LINE TO EASEMENT) LOT IB PLAT J-6C Seals 11-50' � M=09 0 25 '.A DATE: 11/10/20 THE CITY OF BOZEMAN EXHIBIT A HNOINRBRINO DRPARTMENT DRA11N BY: Kma so R. OUVR---P.D.Box Roo " N 19TH AVE SHARED USE PATHWAY WHMAN. MONTANA 5MI-IXJO PROJECT No.: PHONBt (00 ME-EEAO -- PAX: (405)5U-2M it