HomeMy WebLinkAbout95- Gallatin Cooperative Creamery.; 1001 N. 7th Ave (lots 1-5) - Sidewalk and Public Pedestrian Access Easement
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SIDEWALK AND PUBLIC PEDESTRIAN ACCESS EASEMENT
This Easement agreement is made this 11 day of~II-.4-' 191~and between
Gallatin Cooperative Creamery, 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:
Durston's Second
Block 3
Lots 1-5 and
parts 6 & 7
said property also being known as 1001 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 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.
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.
DATED this ~ day of ~, 19f~
St ~ Ce=.o
STATE OF MONTANA)
ss.
GALLATIN COUNTY
On this I b day of , 19j5"before me a Notary Public in and for the State
of Montana, personally appeared L
known to me to be the person whose name is subs ribed 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
first above written.
CZ~d. r? aA~~
NOT~!{Y.P" U~J.1C FOR THE STATE OF MONTANA
_~~dUJQ-<l-1; ~a.-,VLA__) M r
_.My Comrtlfssion e'xpires ~ -/;(h - qe;
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5EAC
ACCEPTED:
~~w~'
by its CITY MANAGER
ATTEST:
~oL~
Clerk of the City Commission
STATE OF MONTANA)
: ss.
GALLATIN COUNTY
On this 10 f/J- day of/i)"iA J.-..A h ,1 (15 before me, a Notary Public for the State of Montana,
personally appeared James l~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
ritten above.
NOTARY PU
Residing at
My Commission
SEAL