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HomeMy WebLinkAbout97- Surface Drainage Easement " FILM 85rAGE4009 SURFACE D~~INAGE EASEMENT Eugene Graf, Jr., and Genevieve S. Graf, a married couple, of 504 West Cleveland, Bozeman, Montana, Grantors, 1n consideration of Ten Dollars ($lO), receipt of which is acknowledged, grant 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, an easement for drainage purposes to flow water from the overflow pipe of the water storage reservoir located in Joseph1ne Park upon and over the natural drainage located within the following described real property situated in Gallatin County, Montana: A tract of land known and designated as Block Three, Graf's First Subdivision --Second Filing, to the City of Bozeman according to the official plat thereof on file and of record in the office of the County Clerk and Recorder ot Gallatin County, Montana. The term of this grant shall be 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 above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the Grantor(s) 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. Grantors hereby reserve 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 here- unde r . '- I fiLM 85 PAGE .1010 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 Grantors. 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. 4) It shall indemnify and hold harmless the Grantors from and aga~nst 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 Grantors, their agents or employees. The Grantors agree 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 and upon the natural drainage. 2) The Grantors warrant that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the property, -2- . . . FILM B5PAGE4011, or any part of it, and that they 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 heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. Lrr DATED this / day of ~ 4~~.T?- , 1984. "GRANTORS" ~~i-~ EUGENE AF, . Y~fL-~J~ GENEVIEVE S. GRAF GRANTEE THE CITY OF BOZEMAN 1/~ 2. W~. ~. ity Manager STATE OF MONTANA S8. County of Gallatin known to me to be the //""i ( //~~,~?~ /.. for th~ State of . /! ,&-'2,/ /1 { , , (/ h se name(s) is/are , 1984, On the / ,. , day of before me, a Notary Public c::;--) appeared ~ 'o' Montana, .. 1/,,' ,u 1 .-4/'/:I,u,-U':""4'V,"-: w':'-',;/' personally subscribed to the foregoing Surface Drainage Easement and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the da~~_~.:~_____~::r first wri tten above. ~,/ ,// ~' r<a' /] / C_r;7---/~cr;~ /) . / Res~~rn:U~~1CL:5or2"'~:~ M~~~an: My Commission e~res: 1/ l.-~~f i? i~~~~.,,'~t:"~:~~t. '\ ,. \a 1) A' ~>>',-, "." ~,. ....."...: t"'" "".' 't)"III.'II4I I.., "." .~, "-:t.....'tA "SEh~t '.' -I,. .. : .. of .c'~ _ II' \,8 Ji'.I. lit Of a ~~ ~" iI'4o'.. ,,~,. ....~':.1", '. , II... ., .. 0)< '", ,.",. ". ..' ~.. ',," ".'!" .. .......-........ .,~ ,~, ' " ,""", "" 'M ~. ~~'iI',...4-....L."-. -3- .. 1\ , , . " betore 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. \\ 11\ HUfU",., ,\' C 'I., ,.;/" lI. , ,. H A"" ~. :c;)r........~ ...,..6 -;, ;, ~ ."" "':'/0; '" :'.::; /\\{)T I~ ,) .... ..;:'\ ~ : r:.{ SM'AI:lI/'1( ~:~; ; : S ""'tAL': :: .. . I, ..... ; ",..,. .: . ". J..A ...! ,,~ III..... t... I.~, \., ' ......::: ':'f' jltIo ...., ' ...... ~ ..- ~~, '(1'L< .......,... ....", ,-- ""II' ~ .....' ....,; r ,'- "~ OF gO',' .", ~,t"I,,,,., I It.' Y'I1,(7 ,) ..) t:?'t-'-,,-_...k':<.-J --" '!\.k~ Notary Public for State of Montana Residing at Bozeman , Montana My Commission expires: April 30, 1985 .._1, INDEXED ":::/.. f PlAITED j)C) I ....,.., 1.331116 State of Montana p County of Gallatin f 55. Filed . December 10 , 19' 84 aL 2:01 ~M.,and Recorded in book 8;5 of ~.._~~S~~N~~~_~ s;5A,1&7/;tJ;;;;;;: DeputY' --7- Fee $ -0- '",~ Rt: City of Bozeman -4-