HomeMy WebLinkAbout10- School District 7 Mutual Access Easement and AgreementCity of Bozeman City Clerk
P.O. Box 1230
Bozeman, MT 59771 -1230
2358878
Page 1 of 3 04/16/2010 04..05.55 PM Fee. $21 00
Char iotte Mills Gallatin County MT
MSG
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MUTUAL ACCESS EASEMENT AND AGREEMENT
s4-
This Agreement is made this day of arck 2010, by and between Bozeman
School District No. 7. and City of Bozeman.
RECITALS:
THE PARTIES AGREE AS FOLLOWS:
THAT a mutual access easement for a common driveway and ingress and egress is hereby
granted to and between the parties hereto. The mutual access easement is denoted in Exhibit A,
attached hereto and incorporated herein, and is legally described as follows:
Located on Tracts 1 and 2 of COS J -92 -A, being in the SE'/ of Section 10, Township 2 South,
Range 5 East, :P.M.M., Gallatin County, Montana, and more particularly described as follows:
Beginning at the northeast corner of said Tract 2, being common to the northwest corner of said
Tract 1, and a point on the south right -of -way of West Babcock Street, from which the East
Quarter Corner of Section 10 bears North 85°05'19 East, 483.56 feet; Thence, from said Point
of Beginning, along the north line of said Tract 2, North 89 °34' 19" West. 4.98' feet: Thence,
South 00 °25'22" West, 0.49 feet, to a point of curvature; Thence, 36.79 feet along said curve to
the right, concave northwesterly, with a radius of 23.50 feet, a delta angle of 89 °42'07 and a
chord hearing South 45°16'26" West. 33.15 feet to a point of non tangency; Thence, South
00 °07'29" West, 29.00 feet; Thence, South 89 °52'31" East, 27.86 feet to a point on the line
common to said Tracts 1 and 2; Thence. South 89 °52'31" East, 0.29 feet; Thence, North
88 °18'53" East, 65.40 feet; Thence, North 03 °36'09" West. 27.30 feet, to a point of non- tangetn
curvature; Thence, 36.84 feet along said curve to the right, concave northeasterly, with a radius
of 23.49 feet, a delta angle of 89 °50'37', and a chord hearing North 45 °12'39" West, 33.18 feet
to a point on the north line of said Tract 1; Thence, along the north line of said Tract 1, North
89°34'19" West, 39.67 feet to a point of beginning, containing 3,926 sq.ft. or 0.090 acres.
THAT this common mutual access easement shall be a perpetual easement and shall be superior
to and paramount to the rights of any of the parties hereto and the respective servient estates so
created. The parties further agree that this easement is a covenant that shall run with the land
owned by each party, and shall be for the benefit of and inure to the parties, their successors and
assigns, their agents, employees, tenants, and guests of tenants, and shall burden their respective
parcels, perpetually.
THAT the parties and their heirs and assigns shall be responsible for the maintenance and repair
of their respective portions of the mutual access easement, including, but not limited to, the street
approach and public sidewalk on a pro rata basis.
THAT each party and their heirs and assigns shall hold the other party harmless from any
liability resulting from the use of the mutual access easement as a common driveway and for
ingress and egress to their respective properties.
TIIAT the mutual access easement shall remain free and clear at all times from all
encumbrances.
THAT this Agreement may be amended at any time in writing signed by the parties to this
agreement or their heirs and assigns, which amendment shall then be recorded with the Gallatin
County Clerk and Recorder.
1
The parties have executed this Mutual Access Easement and Agreement on the day and
year first written above.
Bozeman School District No. 7
By: 9 14S-- B
Printed Name:
Title:
Printed Name: T M; f t
Title: 5qee,,,ie4,46rit
Date:
STATE OF MONTANA
County of Gallatin
On this tif day of giOretidita 2010, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared Ri V77 known to me to be an
authorized representative of the Bozeman School District No. 7 and the person whose name is
subscribed to the within instrument, and acknowledged to me that he /she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
ACCEPTED:
ATT
City
STAT
COUNTY of GALLATIN
)ss.
Notary Public for the State of Montana
2) 44--� s o r✓
(Printed Name)
Residing in /,3o e. rn 4uArm./
My Commission expires M4 z 120G
):ss
On this 03' day of m 2010, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and
S 1 u( vne ,r' known to me to be the City Manager 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.
12)
Notar? Public for State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: /20
AINMEE KISSEL
N VTL\.RV' PA /131_1C
FOR THE .3 'TATS OF MU NTLIN
R1-SI ES NC.r AT
IE30Z FV1 N "Cara A
rP11 lam. C7MM1!>SI[.)N E.XWIO2E`a
1 Ucy 220 1
2
City of Bozeman
Date:
o iv/
CITY OF BOZEMAN
By CizuzA.
City Manager
r Ft s
fi S
N r .1L
EXHIBVT A
MUTUAL ACCESS EASEMENT AND AGREEMENT
LOCATED ON TRACTS 1 2 OF COS NO. J-92-A,
SE 1/4 OF SECTION 10, T2S, R5E, P.M.M.,
GALLATIN COUNTY, MONTANA
WEST BABCOCK STREET
5002522W N893419W
0.49 4.98•
589
27.86'
4
NOW
NIgo 8934
re 397
do EASEMENT AREA
3926 sq. ft.
A OR 0 090 ac
P.O.B.
L=36.79'
Chord=33.15',
94516
9000
29.00'
TRACT 2
COS J-92—A
BOZEMAN SCHOOL
DISTRICT
DOWL HKM
130 N. MAIN ST.
SUITE 100
PO BoX 3588
BUTTE. MT 59701-2838
405-723-B213
408-723-8328 (Fax)
0 OWL14.1.001
i1(
BASIS OF BEARING
North as determined from GPS
observations with survey grade
receivers and referenced to the World
Geodetic System of 1984 (WGS84).
N8818
65.40'
5895231"E
0.29'
PROFESSIONAL LAND SURVEYOR' S CERTIFICATION
Kevin Biastoch, Professional Land Surveyor, Montana Registration
No. 1 6721 LS, do herby certify that this survey shows the true and
correct dimensions and location of the above described easement.
0
t.4
0
Signed'
Kevin Biastoch, 16721 LS
Date:
N8505
483.56'
R-23 49'
L=36.84'
6=8950
Chord=33.18',
N451239W
TRACT
COS J-92—A
CITY OF BOZEMAN
SCALE: 1