HomeMy WebLinkAbout01- Machinery Power & Equipment Co.; Lot 2, Block 3 of Gardner-Simmental Plaza Sub - Trail Corridor Easement
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04/13/2001 04:2SP
\ i'~A.'llE.O , Shelley Vanae-Gallatin Co MT MISC 24.00
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TRAIL CORRIDOR EASEMENT
MACHINERY POWER & EQUIPMENT CO., GRANTOR, 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 E.
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 ofIand situated in Gallatin
County, Montana, twelve (12) feet wide to be located on the following described real property:
Lot 2, Block 3 of Gardner-Simmental Plaza Subdivision, Gallatin County, Montana,
more commonly located at 2770 North 19th Avenue.
The easement is more particularly described on the attached Exhibit A which by this
reference is made a part hereof.
The GRANTOR does hereby grant and convey unto the GRANTEE 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 GRANTEE agree as follows;
1. 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 their 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 GRANTEE to make any and all
inspections of the sidewalk and land appurtenant thereto as the GRANTEE 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 2, Block 3 of Gardner-Simmental Plaza
Subdivision, Gallatin County, Montana, more commonly located at 2770 North 19th A venue as
an appurtenance thereto and shall be binding upon the heirs, successors, and assigns of the
GRANTOR and the GRANTEE.
The GRANTOR states that it possesses the real property described above and that it has a
lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTOR.
The tenus, covenants, and provisions of this easement shall extend to and be binding
upon the heirs, executors, administrators, personal representatives, successors, and assigns of the
parties hereto.
DATED this ~.th day of ~~ ' 2001.
MACHINERY POWER & EQUIPMENT CO.
BY:~ ~
Thomas . opel
Vice President
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" .." 111111111111I111 1111112034521
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04/13/2001 04:26P
Shelley Vanae-Gallat1n Co MT MISC 24.00
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
On this 5~y of /'Vl~~2001, before me, a Notary Public for the State of
Washington, personally appeared Thomas F. Topel, known to me to be the Vice President of
Machinery Power & Equipment Co., the corporation that executed the foregoing Trail Corridor
Easement and acknowledged to me that he executed the same for and on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the da~
and year first written above. . ''t!-o
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Notary Public for the State of Washington ::'~ /. -. , , ,~s :,.~',~ '~
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Residing at: ,/<:.( 10 n--]:;) C-o '~"1 +-0- ::; :~. .......... IV I~ '"'" .:
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My Commission Expires: b-S"'-t:J/ :=. \,.. ,+ . :LOl ~ '.' .:::
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By:
Title:
ATTEST:
STATE OF MONTANA )
) SS.
COUNTY OF GALLATIN )
On this _dayof ,2001, before me, a Notary Public for the State of
Montana, personally appeared , known to me to be the person described in and
who executed the foregoing instrument City Manager, of the City ofBoze~ and whose
name is subscribed to the within instrume and acknowledged to me that he executed the same
for and on behalf of said City.
IN WITNESS WHEREOF, I have hereun set my hand and affIXed my seal on the day
and year first written above.
Notary Public for the State of Montana
Residing at:
My Commission Expires:
Page 2
~ " 11111111I1111111111111111111111111111111 ~~~1~~ ,:
Shelley Vance-Gallatin Co MT MISC 24.00
CITY OF BOZEMAN .-
By: \ ~\
Clark V. Johnson, City Manager
ATTEST:
V~ y~
Robin L. Sullivan, Clerk of Commission
STATE OF MONTANA )
) ss.
County of Gallatin )
~~
On this L day of ,2001, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON and ROBIN
L. SULLIVAN, known to me to be the City Manager and Clerk of Commission, respectively, and
t~~!~~'~~Qns~';Y~ose names are subscribed to th~ within instrument, and acknowledged to me that they
~~~~~,~~,~.Jor and on behalf of the CIty of Bozeman.
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/(...;4.~ '1':;,,/'" ,.Qj';', " '~~i'S WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
l.:~:,. . ..ci:~is~' '. . '. ~~'written.
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. . " .. otary Public for the State of Montana
Residing at Bozeman
My Commission Ex pires t . / t.f"'-eJ )..
Page 3
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- EXHIBIT A
I
. I A 12 FOOT WIDE MEANDERING EASEMENT FOR PUBLIC PEDESTRIAN
AND BICYCLE TRAILWAY CIRCULATION SITUATED IN A 50 FOOT WIDE GREENWAY
ll- CORRIDOR ALONG THE WEST BOUNDARY LINE OF LOT 2, TRACT 3, GARDNER-SIMMENTAL
.... ~ I PLAZA SUBDIVISION LOCATED IN THE SE 1/4, SEC. 35, T1S, R5E, P.P.M.
N ~ I GALLATIN COUNTY, MONTANA, AS DEPICTED IN THIS EXHIBIT
11):: ~
'lto~ 1-~
rt)ot"~ I
Qii~ I I
1Il-
N"ot"
0.. a
, CEN~ER LINE - - - 9E-A9--M-ANB-6UtG
1-----
N 89 19' 26" E 817.38'
u I
~ Ir- --
:IE:
I- PROPERTY LINE
:IE:
0 M I
u II SOO'07'261'E
.s
.. I 77.24' I r-::?'7~ AREA OF
" EASEMENT
..
C) W " - 12' TYPICAL
I I
.
0 211
c w R=h6.00'
" 0 BASIS OF BEARING; GARDNER -SIMMENTAL
:>
Z L=l12.95' SUBDIVISION PLAT
~ jl w
u.. DELTkr20'37'39"
.
.c: 3: EAST PROPERTY LINE OF LOT 2,
m I
...........
0::: S2p"4S'OS"E TRACT 3, GARDNER-SIMMENTAL
i i!=~,1 53.70' PLAZA SUBDIVISION
I
~~II A R=44.oo: I
I L"" 11.67
f- 9ELTA"" 15'1"5'" LOT 2 I
~~i' I
I
50S'33'14"E
; 23.15'
~ " 50'
~
Z II G, EENWAY
C -RRIDOR
'I
IL PROPERlY LINE J
, -
T N 89 19' 26" E 792.89'
x
I
I NOTE:
I x THE SIDELINES OF SAID EASEMENT ARE 6'-0" FROM
I THE CENTERLINE DEPICTED IN THIS EXHIBIT AND ARE
TO BE PROLONGED OR SHORTENED TO TERMINATE
I x ON THE NORTH AND SOUTH PROPERTY LINES OF
I I SAID LOT #2.
50' 100' 150'
I x 0
I I I I I I I I I
SCALE: 1" = 50'
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