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HomeMy WebLinkAbout95- Sievert 'Wendell', Ethel R; 1022 N. 7th Ave - Sidewalk and Public Pedestrian Access Easement SIDEWALK AND PUBLIC PEDESTRIAN ACCESS EASEMENT This Easement agreement is made this 28th day of March, 19 95, by and between Ethel R. Sievert, hereinafter called the "Grantor" and the City of Bozeman, a municipal corporation, hereinafter called the "City". RECITALS WHEREAS, the Grantor is the owner of the following described real property: North Seventh Addition Btuck 4 Lot 1 said property also being known as 1022 North Seventh Avenue Bozeman, MT 59715; WHEREAS, the State of Montana (hereinafter called the "State") is currently proceeding with a North 7th Avenue rehabilitation project known as Federal Aid Project No. STPE 0002(161) which includes installation of sidewalk adjoining the Grantor's above-referenced property; WHEREAS, the State retains right-of-way which extends from the street curb to the Grantor's property line, said existing right-of-way is not wide enough to allow creation of a boulevard between the sidewalk and the the street curb; WHEREAS, the Grantor, City, and the State agree that installation of a sidewalk in a boulevard configuration is most desirable; NOW, THEREFORE, the Grantor, for and in consideration of the facts above recited and of the obligations herein contained, does hereby grant and convey unto the City and its assigns, subject to the terms and conditions hereinafter contained, an irrevocable and perpetual 6' wide sidewalk easement for the purpose of construction of a sidewalk and pedestrian ingress and egress in, to, over and upon the Grantee's above-referenced property as further described and depicted on Exhibit A, attached hereto and made a part hereof. It is further covenaOlted and agreed that: 1 . The easement herein created includes the Public's right to use the sidewalk and land appurtenant thereto which is necessary or convenient for the exercise of this easement. 2. Where existing private improvements within the easement may present a conflict with installation of the intended boulevard sidewalk, the final location and alignment of the sidewalk and/or replacement or relocation of private improvement(s) and the final site restoration shall be completed as mutually agreed by the Grantor and City. 3. The City, in cooperation with the State, agrees to construct the sidewalk at no cost to the Grantor; and the Grantor agrees to maintain the sidewalk in accordance with all relevant City Ordinances, including, but not limited to, snow removal and all major and minor repair work at the Grantor's expense. 4. The Grantor further agrees to allow the City to make any and all inspections of the sidewalk and land appurtenant thereto as the City reasonably deems necessary. 5. This easement shall run with the land and be fully transferable and assignable in connection with the sale or other transfer of the land as an appurtenance thereto and shall be binding upon the heirs, successors and assigns of the Grantor and the City. -' -,' IN WITNESS WHEREOF, the parties hereto have executed this easement. DATEDthis~dayof m~1+ ,199S- Er~~~?~~\'>/::~"J- (Grantor's Signature) STATE OF MONTANA) : ss. ( /,;- "1 "\ . "'i'/ / " /:.:! L/ i/z,<~' f--;,,.ee -' GALLATIN COUNTY On this _)8 day of mn m/I , 1 9~$6Elfore me a Notary Public in and for the State of Montana, personally ;jppearedlIdli~L If, ,CSt e vel' + ' V'/e nae 1/ / , known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he did execute the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year ill;:: W"EjJ d kltWwK . N?!~~Y ~UB~, I OR THE STATE F MONTANA , -Residmu (It- -'- :-:..-1\6Y:Coni.l~fs~~ex . es "- ~8 : ~ '"- 3.E~L - -' -.....- .....--- ACCEPTED: ATTEST: STATE OF MONTANA) ss. GALLATIN COUNTY "CL--v~) 2. C Y of Bozeman by its CITY MANAGER (?~/rZ ~#~ Clerk of the City Commission On this I (j ~ay of ~ ffl-b1.fr.. , ,115 before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the City Manager and Clerk of the City Commission known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. In witness whereof, I have hereunto set my hand and affixed my seal on the day and year first written above. ,; MHNhl},!J Wlfl,1j fI J j L OTARY P L1C FOR THE STATE OF MONTANA Residing at 0 ' My Commissio SEAL '.