HomeMy WebLinkAbout86- Bozeman Deaconess Easement 1986
FILM 95 PAGE 1390 '
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PARKLAND EASEMENT AND AGREEMENT
The Bozeman Deaconess Foundation, a Montana corporation
of Bozeman, Montana, GRANTOR, in consideration of Ten
Dollars ($10) and other good and valuable consideration,
receipt of which is acknowledged, grants to the City of
Bozeman, a municipal corporation of the State of Montana,
411 East Main Street, Bozeman, MT 59771-0640, GRANTEE, its
successors and assigns, a perpetual easement to access,
develop, construct and maintain the property for use of the
public for park purposes in, through, and across a strip of
land situated in Gallatin County, Montana, to be located on
a tract of land in the Northeast Quarter, Section 18,
Township 2 South, Range 6 East, P.M.M., City of Bozeman,
Gallatin County, Montana.
The easement area and boundary i.s more particularly
described on the attached Exhibit A, which by this reference
is made a part hereof.
This grant includes the right of the GRANTEE, its
successors, permittees, licensees, and assigns and its and
their agents and employees, to enter at all times upon the
above-described land by using existing roads and trails or
otherwise by a route causing the least damage and incon-
venience to the GRANTOR in order to survey and establish the
route and location of the easement and parkland and to:
(1) Construct, access, operate, patrol, repair, and
maintain said parkland;
(2) Trim, remove or otherwise control any trees and brush
inside, or outside if mutually agreeable, the
boundaries of the easement which may, in the opinion of
the GRANTEE, interfere with or be hazardous to the
construction, access, operation, and maintenance of the
parkland; and
(3) Grade the land subject to this easement purpose and
extend cuts and fills of this grading into and on the
land adjacent to this easement, if mutually agreeable,
to the extent GRANTEE may find reasonably necessary.
fILM 95 PAGE 1391
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The GRANTEE agrees that:
(1) It will limit the development of the parkland to those
items and intentions normally associated with public
parkland use.
The GRANTOR agrees that:
(1) At no time will they build, construct, erect or
maintain any permanent structure within the boundaries
of said easement without the prior written consent of
the GRANTEE;
(2) The GRANTOR, warrants they are lawfully seized and
possessed of the real property described above, that
they have a lawful right to convey the property, or any
part of it, and they will forever defend the title to
this property against the claims of all persons;
(3) The GRANTEE may peaceably hold and enjoy the rights and
privileges herein granted without any interruption by
the GRANTOR.
The terms and covenants of this easement and agreement
shall extend to and be binding upon their heirs, executors,
administrators, personal representatives, successors and
assigns of the parties hereto.
DATED this ../7~
day of
ae- E:.;a? k~
, 1986.
GRANTOR
Bozeman Deaconess Hospital
B'.f~e-~ r~--
Its Admi~ator
ATTEST:
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GRANTEE
City of Bozeman
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Its C ty Manager \ ~"-
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fILM
95 PAGE 1392
CITY OF BOZEMAN
Parkland Easement
w/Bozeman Deaconess Foundation
August 1986
EXHIBIT A
Legal description for park area through Hillcrest Retire-
ment Home Mortgage ~i1ed in mortgage book 84, page 15l}
A tract of land located in the Northeast quarter, Section
-18, Township 2 South, Range 6 East, Principal Meridian Montana,
City of Bozeman, Gallatin County, Montana, and being more
particularly described as follows:
Beginning at the no:ctheast corner of said Section 18 i
Thence South 510 08' 04" West, a distance of 1671.05 feet to
the true point of beginning~ Thence South 000 52' 38" West,
a distance of 253.28 feet~ Thence South 000 38' 47" East, a
distance of 550.11 feet~ Thence North 890 27' 42" West, a
distance of 12.00 feet to a point on the easterly right-of-
way of Ida Avenue~ Thence North 000 38' 47" West along the
easterly right-af-way of Ida Avenue, a distance of 550.07 feet~
Thence North 000 52' 38" East along the easterly right-of-way
of Ida Avenue, a distance of 253.22 feet~ Thence South 890 58'
09" East, a distance of 12.00 feet to the true point of beginning,
and containing 0.2213 acres.
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165798
State of Mont.. County of Gallatin. tiS Filed for record December 23rd D 86
at 10: 2~~u:.anUecorded in Book 95 of MISCELLANEOUS r.: 139wO
. -- ..{WCn& _ Recorder. By (~4'lf.:7!3 r:. 7??~ ~
Rt: City of Bozeman $15.00
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