HomeMy WebLinkAbout05- Albrecht, Mark R.; Lot 2, Bl 5, Walker Property Sub - Public Pedestrian Access Easement
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This Easement agreement, made this ~ day of /Volle m b-e r 200_, by and between Mark
R. Albrecht, with a mailing address of 4969 Durston Road, Bozeman, MT 59718-9499, hereinafter
called "Grantor", and the City of Bozeman, a municipal corporation, with a mailing address ofP. O.
Box 1230, Bozeman, MT 59771-1230, hereinafter called "City".
Shelley Vance-Gallatin Co MT MISC
PUBLIC PEDESTRIAN ACCESS EASEMENT
RECITALS
WHEREAS, the Grantor is the owner of the follow described real property: Lot 2, Block 5,
WALKER PROPERTY SUBDIVISION - A PLANNED UNIT DEVELOPMENT,
WHEREAS, the Grantor is in the process of constructing and/or remodeling the above described
facility;
WHEREAS, the public retains a right-of-way along U.S. Highway No.1 0, a.k.a. the Frontage Road
which extends from the edge of pavement to the Grantor's property line;
WHEREAS, the public's right-of-way is not a safe and acceptable location to accommodate the
desired boulevard and paved pedestrian path configuration;
WHEREAS, the Grantor has agreed to a request by the City to construct a paved pedestrian path 10
feet wide. This path will occupy a space within the Grantors property that varies in distance from
the edge of pavement, thus creating additional boulevard and green space between the edge of
pavement and the path.
AND WHEREAS, the City has otherwise approved the construction and/or remodeling to be done
to the business subject to the condition that the business construct a paved pedestrian path which
extends across the property line of the Grantor's property;
NOW, THEREFORE, the Grantor, for and in consideration of the facts above recited and ofthe
obligations herein contained, does hereby grant and convey unto the City and its assigns an
irrevocable and perpetual easement in, to, over and upon the paved pedestrian path and the land
appurtenant thereto for pedestrian ingress and egress. The easement is more particularly shown and
described on the attached Exhibit A, which by this reference is made a part hereof. The Grantor and
City agree as follows:
1. The easement herein created includes the right to use the paved path and such land appurtenant
thereto which is necessary or convenient for the exercise of this easement.
2. The Grantor agrees to construct and maintain the paved path at its own expense in accordance
with the relevant City Ordinances, including, but not limited to, snow removal and all major and
minor repair work.
3. The Grantor further agrees to allow the City to make any and all inspections of the paved path
and land appurtenant thereto as the City reasonably deems necessary.
4. This easement shall run with the land and be fully transferable and assignable in connection
with the sale or other transfer of said Lot 2, as an encumbrance 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.
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DATED this ~ day of
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. 11"'Ii" 1111 \1\1\\\'
STATE OF MONTANA
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On this L day of fi}"v f>>1 ~I , 200 ~ before me the undersigned, a Notary Public for
the State of Montana, personally appeared Mark R. Albrecht, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that he executed the same.
County of Gallatin
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
Notary Public for teState of
Printed Name: i'"
Residing at: BOz-ervlf.tfl
My Commission Expires: 9 / ~ / C1 O() 7
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ACCEPTED:
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City Manag~~""Airy.of Bozeman
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ATTEST:' "~~,,i~,~
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ST ATE- OFW~~JAN'~,\' }
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County of Gallatin }
On this ilsr- day of AID Vtt~ , 200S, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Chris Kukulski and Robin L. Sullivan, known to me to
be the City Manager and Clerk of City Commission, respectfully, for the City of Bozeman, and the
persons whose names are subscribed to the within instrument, and acknowledged to me that they
executed the same, for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
\J,it').u~ ~tfVl~
Notary Public fo the State of Montana
Printed Name: l-1QLe~ 6V'~rJJ-~
Residing at: eo~
My Commission Expires: 12.e;- 120r71
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Sh~lleY v~nc~-~a~la!i~ Co MT MISC 33.00 12/08/2005 02,S9P
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EXHIBIT A
LOT 3
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Engineering and Surveying Inc,
205 Edelweiss Drive. Bozemen, Montana 59718
Phone [~) 587-1115 . Fax (406) 587-9768
W'MY.chengineers.com · info@chengineers,com
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LEGAL DESCRIPTION OF PUBLIC ACCESS EASEMENT
A 25.00 foot wide easement for public access purposes ocross 0 portion of Lot 2, Block
5, WALKER PROPER1Y SUBDIVISION, 0 Planned Unit Development. according to the plat
thereof, on file ond of record in the office of the Clerk ond Recorder, Gallatin County,
Montana, located in the Southwest Quarter of Section 25, Township 1 South, Range 5
Eost of P.M.M., Gallatin County, Montana, The centerline of said easement is described as
follows:
Commencing ot the southwest corner of soid Lot 2; thence northeosterly
036' 32' 37', ossumed ozimuth from north, 30.00 feet olong the
northwesterly line of said Lot 2, to the point of beginning of the centerline to
be described; thence southeasterly 126' 32' 37' ozimuth 324.00 feet to the
southeosterly line of soid Lot 2 ond there terminoting.
Area = 8,100 sq ft, 0.1859 ocre #05540(C1)
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Shelley Vance-Gallatin Co MT MISe 33.00