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HomeMy WebLinkAbout95- Decosse, Donald J & Veronica C.; 923 N. 7th Ave - Sidewalk and Public Pedestrian Access Easement ~~~ .'r'O /I SIDEWALK AND PUBLIC PEDESTRIAN ACCESS EASEMENT This Easement agreement is made this -2..1 day of m ~ , 19 r..$bY and between Mr. Donald Decosse, hereinafter called the "Grantor" and the City of Bozeman, a municipal corporation, hereinafter called the "City". RECITALS " WHEREAS, the Grantor is the owner of thp. following described real property: Durston's Second Addition Block 2 North 40 feet of Lot 7, Lots 8 and 9 - said property also being known as 923 north Seventh Avenue, Bozeman, Montana 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 !>idewalk 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 covenanted 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. ( I i 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 Grantr and the City. 6. To Clarity the above Terms these stipulations are added to this above Easement as an addendum. a) The State of Montana Highway Department will be responsible for the new Sidewalk installation, b) The State Highway Department will replace and or repair the Landscaping and the Sprinkler System in the affected area as well as landscape the Boulevard to coordinate with the adjacent Landscaping. c) The new easement will not effect the existing curb cuts and or parking now existing on this property. d) The State Highway Department agrees to work with the Property Owners and Lessees on the configuration and layout of the Sidewalk and Boulevard e) If for any reason a mutual understanding of the terms or the configuration of the Sidewalk can not be met prior to construction of the new sidewalk by the Owners, Lessees and the State Highway Department then this Easement shall be Null and Void. '- IN WITNESS WHEREOF, the parties hereto have executed this easement. DATED this ~ day of m~ , 19!tr A ( \ 1-0()ct STATE OF-MONTANA I r0 fl''C\ f \ cop"-- ss. (,1.\1 I ~N COUNTY ~<.~gD~!S d rJr.t- day of (Y)a ('cJ,,- of At/II ,8, personally appeared ~'\'-'- \ known to me to be the person whose name is s 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 first above written. (' ~().;~~ Lt\'\./'N,Qoc NOTARY PUBl\JQ FOR THE STATE OF-MONTAtM A (. 20<""<' ,~'- Residing at '_ ~CL , A -z My Comf!1issio-l'Lexpires Mv G,;:,:n:lssio;i [x~;j'a::;Jll;Y 0, -i~Jd , 1915, before me a Notary Public in and for the State -1-'.(( >:\;co. C ... ("oSS-e scribed to within this instrument and acknowledged SEAL ~-- -..:: ACCEPTED: Q~~,~ ~ of Bozeman by its CITY MANAGER ~ot~~ Clerk of the City Commission ATTEST: STATE OF MONTANA I ss. GALLATIN COUNTY On this ~day offltn~ 1/ ,1 ii5before me, a Notary Public for the State of Montana, personally appeared James ~d 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. t. SEAL ,..' Ii' ( N ~ o 8 , 780' W I> <( I L I~ Z W > T AMARAC K ST. IW I (f) I I I l"'- I , ~ .j..J ..0 10::::: 0 ;:l I ~ U) 0 I I ll-I 'd Z 0 c: 0 .j..J 0 (1)0'1 (I) 1 do' (I) rn ~'d I c: rn o ltl - -.::t' N c: co 0 ..c: ~.j..J .j..JUlOrn H .j..J 0 H o O..-f ;:l Z~mCl STREET --------ll r= N. 7TH SIDEWALK EASEMENT EXHIBIT "A" 10 1 1 15' 12 13 14 15 16 ASPEN ",-..--II1II. 100 200 fEET CITY ENGINEER'S OFFICE 1/95 SCALE: ,. :: 100' N7S~1-7.