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HomeMy WebLinkAbout12- Olive & Wallace Maintenance Access Easement and Agreement City of Bozeman-City Clerk P.O. Box 1.230 Bozeman, NIT 59771-1230 MAINTENANCE ACCESS EASEMENT AND AGREEMENT E: M The City of Bozeman, a Municipal Corporation of the State of Montana, 121 N ,9 V North Rouse Avenue, Bozeman, Montana 5�9715 (Grantor), in consideration of One IL Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to Olive & Wallace, LLC, a Montana Limited Liability Company, OUL- its successors and assigns (Grantee), who own real property and structures at 200 S. Wallace, Bozeman, Montana, 59715, commonly referred to as the former Harrington's 49 Furniture Building (Building), a perpetual easement allowing Grantee ingress and egress to conduct maintenance, repairs and renovations, extending eastward from the aU westernmost wall of the Building approximately twelve (12) feet in width, but in any event not to extend to within two (2) feet of the westernmost boundary of the existing parking lot currently serving the Bozeman Public Library (Easement). The Easement and properties at issue are more particularly described and --- observed in the attached Exhibit"A", which by this reference is hereby incorporated. This grant includes the right of Grantee, its successors, permittees, licensees, and assigns, and their agents and employees, to enter at all times-upon the above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to Grantor. THE GRANTEE AGREES: (1) That, in connection with any maintenance, repairs and renovations, it will repair or replace, at its sole expense, or pay to Grantor the reasonable value of, any damages to landscaping or other improvements on Grantor's property. Maintenance Access Easement and Agreement (2) That Grantee shall indemnify and hold Grantor harmless from any liability or loss resulting from judgments or claims for personal injury, including death, and property damage against them, arising out of the maintenance, repair and renovation activities contemplated herein. THE GRANTOR AGREES: (1) The Grantor warrants that it is lawfully seized and possessed of the real property described herein,that it has a lawful right to convey the property, or any part of it, and that it will forever defend the title to this property against the claims of all persons. (2) The Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by Grantor. The terms, covenants and provisions of this Easement and Agreement shall extend to, and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. h'A day of er 2012. �-"tD�&D this bt City of Bozeman(Grantor) n V By: Chris A. Kukulski, City Manager e U ri ............ C f na o I(P o Montana at: a 4� a n Montana Maintenance Access Easement and Agreement C IkSsfon Expire 2C�14 Olive & Wallace, LLC (Grantee) By: Thomas P. Winston, Managing Member STATE OF MONTANA County of Gallatin )I.111 Sworn to (or affirmed) and subscribed before me this k day of 0) (year), by „ (name of person making statement).D 1 EJ &::�.UebyxU L- 4CA.Inkn n(Signature of Notary Public- Stat Montana)CJ 1111 (Print, Type, or Stamp Commissioned Name of Notary Pub ic)❑F1 Personally Known OR Produced Identification 11❑Type of Identification Produced (SEAL) fr L SAVE NNA L,��YA�,q���� NOTARY PUBLIC forthe State of Montana SEAL Residing at Bozeman,Montana My Commission Sxp9res September io,2094 Maintenance Access Easement:and Agreement 3 EXHIBIT "All MAINTENANCE ACCESS EASEMENT FOR PARCEL A, AMENDED PLAT Located in the SE34 Sec. 7, T.2S., R.6E., P.M.M. City of Bozeman, Gallatin County, Montano FWW RL9AR arm F 2-0, 7x OF LIW I N89141'25"W -————————J S89'41'25"E , 12.00' FOUND LEAD PLUG 22 57.06' 20 91.02' 29 W CENTERPOINT 0 ---------- =.S, No, *60 14 21 CO - 0 E OLIVE, ST b CO 0 Ln -————————- 47 0 NO0*0006"E Z' 157,00- PARCEL A 13,259 lq'M (0.3044 acres) MAINTENANCE ACCESS C14'q- rV EASEMENT 1946 sqA, N8914 1'25"W 91,78' SGO'22'4W 7. 12.(00' .4 SB9'41'25"E 1723' 0, V 4zeal 51i Z 49 f 20.Power Line Eawnant. to Porcel 52-51-50-49-52 dj Per Amended Flat C-6-8 Z FWND REW I I 4elb 13t 91 E. CURTISS ST FOUND ArBAR WIALU -———————PIPE Foam 7/2y-aD. PIPE N00*12!49•E+ 15.70' FOUND 5118-RaMR ALU TO LA WV 9VINKM? Prepared By Rocky Mountain Engineers,P.L.LC. Scale: 1 60' 00 Engfrumuing & Land veying 1700 West Koch Street, Suite 7 Bozeman, Montana 59715 (406)588-4859 0 30 60 Drawing File Name: 1367-Marrington.dwg 10/10/2012