HomeMy WebLinkAboutBozeman Deaconess Surface Drainage Easement, 1984
fiLM
85plGE3999
. ..
SURFACE DRAINAGE EASEMENT
Bozeman Deaconess Foundation, a Montana corporation,
Grantor, in consideration of Ten Dollars ($10), receipt of
which is acknowledged, grants to the City of Bozeman, a
municipal corporation of the State of Montana, 411 East
Main, Bozeman, MT 59771-0640, Grantee, its successors and
assigns, a perpetual easement for drainage purposes to flow
water from the overflow pipe of the water storage reservoir
located in Josephine Park upon and over the natural drainage
located within the following described real property
situated in Gallatin County, Montana:
A tract of land including:
1) A portion of the Drum Lummon Addition to
the City of Bozeman which is located in
the SW 1/4, SW 1/4, S 8, T2S, R6Ei
and
2) A portion of the Central Adition to the City
of Bozeman which is located in the W 1/2,
NW 1/4, S 17, T2S, R6Ei
and
3) A portion of the Prospect Hill Addition to
the City of Bozeman which is located in the
NE 1/4, S 18, T2S, R6Ei
and
4) A portion of the Valley View Addition to the
City of Bozeman which is located in the NE
1/4, S 18, T2S, R6Ei
and
5) An unplatted portion of the E 1/2, S 18, T2S,
R6Ei
All such Additions according to the official plats
thereof on file and of record in the office of the
County Clerk and Recorder of Gallatin County,
Montana.
The term of this grant shall he either for five (5)
years from its date or until Lovelace Drive is an improved
street with pavement, curb and gutter installed, whichever
is longer.
This grant includes the right of the Grantee, its
successors, permitees, licensees, and assigns and its and
their agents and employees, to enter at all times upon the
-
FILM 85p~GE4000
above-described land by using existing roads or trails or
otherwise by a route causing the least damage and
inconvenience to the Grantor in order to:
1. Patrol, repair, and maintain the natural
drainage;
2. Trim, remove, destroy or otherwise control
any trees, brush within the natural drainage
which may, in the opinion of the Grantee,
interfere or threaten to interfere with the
maintenance of the natural drainage.
Grantor hereby reserves the right to use the easement
premises in any manner that will not prevent or interfere
with the exercise by the City of the rights granted
hereunder.
The Grantee agrees that:
1) The use hereby granted shall be limited exclusively to
drainage purposes and uses incidental thereto. As used
herein, the term "drainage" shall connote the flow
of normal and excess water from the water storage
reservoir located in Josephine Park across the easement
premises.
. - ,
2) At this time, it does not plan to install storm sewers
as a part of the improvements included within Special
Improvement District No. 644 as created by Bozeman City
Commission Resolution No. 2482. If, due solely to the
drainage defined in the preceding paragraph, it elects
to include storm sewers within Special Improvement
District No. 644, that portion of the engineering and
construction costs attributable to the storm sewers
shall not be paid by the Grantor.
3) The right of drainage herein granted across the
easement premises shall be exercised and used in such a
manner as not to cause any damage or destruction of any
nature whatsoever to or interruption of the use of the
adjoining lands owned by the Grantors and others.
-2-
fiLM 85PAGf10D1
. ....,
. '.
4) It shall indemnify and hold harmless the Grantor from
and against any and all liability whatsoever arising
out of or connected with the exercise of its rights
under this easement, except for liability caused by the
sole negligence of the Grantor, its offices, agents or
employees.
The Grantor agrees that:
1) At no time shall any building of any kind or anything
else be erected or placed permanently or temporarily
within the easement which interferes with the water
flow over, upon and through the natural drainage.
2) The Grantor warrants that it is lawfully seized and
possessed of the real property described above, that
it has a lawful right to convey the property, or any
part of it, and that it will forever defend the title
to this property against the claims of all persons.
The terms, covenants and provisions of this agreement
shall extend to and be binding upon the successors, and
assigns of the parties hereto.
DATED this
tt./-
day of ~
, 1984.
GRANTOR
BOZEMAN DEACONESS FOUNDATION
By
Its
b~
ATTEST:
\/;/ ,/"
/_~;tf//(~)za,~':7d?d7'
I
GRANTEE
THE CITY OF BOZEMAN
'l'I,;l"',"tt... ';
'.~':'~-~'\>"':
BY~vv-LV 2, G)~'
Its C ty Manager
-3-
fiLM 85 P!GE 4002 ·
.
. .
l
"
STATE OF MONTANA
ss.
County of Gallatin
On the
14th day of
August
, 1984,
before me, a Notary Public for the State of Montana,
personally appeared
Edwin Dahlberg
known to me to be the
Administrator
of
Bozeman Deaconess Foundation
, the corporation that executed
the foregoing Surface Drainage Easement and acknowledged to
me that he/she 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 day and year first written above.
,1,\1."UI'I//
\,...., C "111
.' ... ", . H.A 'I,: ,
:.~~ ~r ........".. ~.b I",,;
.;~ ~ .."" .'~,/r~ ~."
{V(~ill!1~"\<; \
~~ \ SEAL' j ~
~"'" tf' .-..... .~.."
\~ .... .... ~.";>
~!, "r ."...... rJ(' .
;f;"f;" r;l"': ),11'" '
'/P!"I .' ".1'
y-
oqAAA- ,-/2.-._..1
'"} I' I
( . -/"'-'-fU''----'
Notary Public for State of Montana
Residing at Bozeman , Montana
My Commis sion expires: April 30, 1985
STATE OF MONTANA
ss.
County of Gallatin
On the
1st
day of
October
, 1984,
before me, a Notary Public for the State of Montana,
personally appeared James E. Wysocki and Robin L. Sullivan,
known to me to be the persons described in and who executed
the foregoing instrument as City Manager and Clerk of the
City Commission respectively, of the City of Bozeman, whose
names are subscribed to the within instrument and
acknowledged to me that they executed the same for and on
behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal on the day and year first written above.
,\\\\11111""/",
", ,'0 '1,
.." ~ . '," J.; "".
......"__,*:) ....~~.u... 4~J1,!,
,;:-r:: '"'""..:.! ' ' #......fA '....,...
~v . ""r...'tUJlt ..,......" '
: .l" "tj~~/:,;f.~~~ i
:: : S' ','}-fA' " L' '~ft/,!
'1"""'" .,.t. :-
t ~. oS"~:' =
...... .'"' ".. ' ';. "1" '~", S
~. '...... "~ '.. ,..' , $ 1""" """1'~ ...
'_. 1'..,' .,... ' ..' ",," " ~.,..... (~LI
0# ",{"t., ..11<".... "'~...... ,.... .....:J1~
"'< I'Ir. "~\~"(,,:\.siate of Mont., CouAt)' of Galkltin. 58 Filed for record December 10
. ,.., at 1: 59 PM., and recorded in Book 85 9f, MISCELLANEOUS
~\.y. 'W'. ~Wttte Recorder. By ~ ~ I-U C 1; #1 VI, l/lC it
Rt: City of Bozeman -4- I
$-0-
\.. ,7. 7J' /
~.~_"C.-' ( - r.Jo..Ar~
Notary Public for State of Montana
Residing at Bozeman , Montana
My Commission expires: April 30, 1985
~
~
, 1984
page..22J 9
l)eput.,