HomeMy WebLinkAbout01- Gran Tree Hotel LP & North 7th Properties LLC; Lot 2A, Bl 1 & Lot 1A, Blk 2 North 7th - Pedestrian Access Easement
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Shelley Vance-Oallatln Cc MT MISC 24.~~
PEDESTRIAN ACCESS EASEMENT
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MAY 0 2 2001
CITY PLANNING
Gran Tree Hotel Limited Partnership, and North 7th Properties LLC, GRANTOR(S), in consideration
of$1.00 and for other and valuable considerations, receipt of which is acknowledged, grants to The City of
Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman,
Montana 59715, GRANTEE, its successors and assigns, a pedestrian access easement for the use of the
public, in, through, and across a strip ofland situated in Gallatin County, Montana, 5 feet wide to be located
as shown on attached Exhibit A and described as real property on attached Exhibit B, which by this reference
are made a part of hereof.
The GRANTORS do hereby grant and convey unto the City and its assigns an irrevocable and
perpetual easement in, to, over and upon the sidewalk and the land appurtenant thereto for pedestrian ingress
and egress and the Grantor and City agree as follows:
I. The easement herein created includes the right to use the sidewalk and such land appurtenant thereto
which is necessary or convenient for the exercise of this easement.
2. The Grantor agrees to maintain the sidewalk 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 sidewalk 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 Lot 2A, Block 1 & Lot lA Block 2 of the amended plat ofTange's additon
as an appurtenance thereto and shall be binding upon the heirs, successors and assigns ofihe Grantor
and the City.
The GRANTORS state that they possess the real property described above and that they have a
lawful right to grant an easement thereon.
The GRANTORS further agree that the GRANTEE may peaceably hold and enjoy the rights and
privileges herein granted without any interruption by the GRANTOR.
The terms, covenants, and provisions ofthis easement shall extend to and be binding upon the heirs,
executors, administrators, personal representatives, successors, and assigns of the parties hereto.
DATED this "2 day of ---1J..~y
,2001.
GRANTOR Gran Tree Hotel Limited Partne~ship
and
By:
STATE OF MONTANA
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Sh.ll.v Vano.-Gallatin Co MT MISC 24.00
County of Gallatin
On this --.2... day of ~A \1 . , 20 , before me the undersigned, a Notary Public
~ State Of~, personally appeared, , known to me to be tbe
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>>a~~ ~,\-r\JIL of ~~~ l \1IA..'t\ .~ftandwhosenameissubscribed
to the withi~ stru ent and acknowledged to me that he exec}lted the within instrument for and on behalf
of N. 7 P ('0 () <':'r-1/ e 3 ~LC 4 tJ 1'''1. /1 Tr e e lip f<e ! s L-.TO rn<... I
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
(SEAL)
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Notary Public for the tate of Montana
Residing in (J () z e pM Ci P'--.
My Commission expires {)(!T 0 ( , ),Ch') I
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ACCEPTED:
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CITY OF BOZEMAN
by its City Manager
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Clerk of the City Commission
ST A TE OF MONT ANA )
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COUNTY of GALLATIN )
On this al10 day of ~ , 2d!1L, before me, the undersigned, a Notary
Public for the StateofMontana, p~ appeared CLARK V. JOHNSON and ROBIN L.
SULLIV AN, known to me to be the City Manager and Clerk of the Commission, respectively, of the
City of Bo,zeman and the persons whose names are subscribed to the within instrument, and
ac\~c\\y]e~g~d.~q ~e that they executed the same for and on behalf ofth ity of Bozeman.
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otary Public for State of Montana
Residing at Bozeman, Montana
My Commission Expires: ~ -1.)-'0)
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SM.ll.v V.no.-G.ll.tin Co MT MIse 24.~~
EXHIBIT A
TWO PEDESTRIAN ACCESS EASEMENTS ACROSS PORTIONS OF LOT 2A, BLOCK 1 & LOT 1 A,
BLOCK 2 OF THE AMENDED PLAT OF TANGE'S ADDITION SITUATED IN THE NE1/4 SECTION 1,
T25, R5E, P.M.M.. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
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LOT 1A
BLOCK 2
GRAN TREE
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LOT 2A
BLOCK 1
GRANTREE
CONOCO
STA TION
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GASTON ENGINEERING
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SMelley Vance-Gallatin Cc MT MISC 24.mm
EXHIBIT B
TWO PEDESTRIAN ACCESS EASEMENTS ACROSS PORTIONS OF LOT 2A. BLOCK 1 & LOT 1 A,
BLOCK 2 OF THE AMENDED PLAT OF TANGE'S ADDITION SITUATED IN THE NE1/4 SECTION 1.
T2S. R5E. P.M.M.. CITY OF BOZEMAN. GALLATIN COUNTY. MONTANA
Two access easements across portions of Lot 2A, Block 1. and Lot 1A, Block 2, of the Amended Plat of
Tonge's Addition situated in the NE1/4 Section 1, T2S, R5E. P.M.M.. City of Bozeman. Gallatin County,
Montana, as shown in Exhibit A hereunto included. and being further described as follows;
EASEMENT -A-; Beginning at a point which bears 502'12' 44"W 0 distance of 2.55 feet from the
northeasterly corner of said Lot 2A; thence along the easterly line of said Lot 2A S02'12'44"W a distance of
5.78 feet; thence N57"39'01"W a distance of 18.53 feet and N44'06'48"W a distance of 14.01 feet to a point
on the northerly line of said Tract 2A; thence along the northerly line of said Tract 2A, said line being a
non~tangent curve to the left having a radius of 120.30 feet and a radial bearing of N31'06'18"E a distance
of 17.93 feet to the Point of Beginning. Said easement being 112 square feet.
EASEMENT -8-; Beginning at a point which bears 519'33'06"E a distance of 9.53 feet from the northerly
corner of said Lot 2A; thence along the northerly line of said Tract 2A, said line being 0 non-tongent curve
to the left having a radius of 120.30 feet and a radial bearing of N6B'1 O' 45"E, a distance of 15.77 feet;
thence N44'06'48"W a distance of 34.94 feet to a non~tangent curve to the right having a radius of 25.00
feet and 0 radial bearing of 581'0"09"[; thence along said curve a distance of 5.83 feet; thence
S44'04'32"E a distance of 22.92 feet to the Point of Beginning. Said easement being 143 square feet.