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
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The City of Bozeman, a Municipal Corporation of the State of Montana, 121 N
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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,
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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
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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.
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day of er 2012.
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City of Bozeman(Grantor)
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Maintenance Access Easement and Agreement C
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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
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0 NO0*0006"E
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PARCEL A
13,259 lq'M
(0.3044 acres)
MAINTENANCE ACCESS
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EASEMENT
1946 sqA,
N8914 1'25"W
91,78'
SGO'22'4W
7.
12.(00'
.4 SB9'41'25"E
1723'
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4zeal 51i
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20.Power Line Eawnant. to
Porcel 52-51-50-49-52
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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