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Home My WebLink About19- Storm Drain Easement - Oak Springs Community Association, Inc. - Oak Springs Storm Pond M T E MONTANA TITLE AND SCRRO ORDER# J PLATTED Return to: 2648629 Page: 1 of 4 06/26/2019 12:23:05 PM Fee: $28.00 Sanderson Stewart Eric Semerad - Gallatin County, MT 106 East Babcock 111111III1111111111111111III 11111111111111111111111111III1111111111111111111IIIISc Bozeman, MT 59715 rBO Project Name: Oak Springs Storm �ti 9x City of Bozeman Pond Engineering Division Project No: 18092.05 " Public Works Department NCo.� e Parcel No: 1-1 STORM DRAIN EASEMENT The GRANTOR, Oak Springs Community Association, Inc., a Montana Corporation, whose address is 2504 W. Main St., Suite 2B, Bozeman, Montana 59718, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and grants to the GRANTEE, the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual storm drain easement to lay, construct and maintain public storm drainage distribution facilities with the usual appurtenances in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Private Open Space #1 as shown on the plat of Oak Springs Subdivision - Phase 4, a platted subdivision in the county of Gallatin, State of Montana, according to the official recorded plat thereof on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana. (Plat J-475) Said storm drain easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Private Open Space #1 and said easement herein described, being a point on the North right-of-way of Durston Road, said point of beginning; Thence, from said point of beginning, N 88' 31' 59" W, 71.11 feet along the North right-of-way of Durston Road and the South line of Private Open Space #1; Thence, N 08' 39' 51" W, 198.21 feet; Thence, N 81° 20' 09" E, 70.00 feet to the East line of Private Open Space #1; Thence, S 080 39' 51" E, 210.72 feet along the East line of Private Open Space #1 to the North right-of-way of Durston Road and to the point of beginning, and containing 14,313 sq.ft., more or less, as shown on Exhibit A. All improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tract of land and covenants that GRANTEE shall have quiet and peaceable possession of the easement; and S A N D E R S O N VA Oak Springs Storm Pond S T E WA R T Page 1 of 3 18092.05 Parcel 1-1 shall have a free and unrestricted right to access and maintain said facilities for the purpose of constructing and/or improving storm drainage distribution facilities as necessary. Upon completion of said project for which access is hereby provided, the GRANTEE shall restore the property as nearly as possible to its original condition. The GRANTEE agrees to hold GRANTOR harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers, directors, employees, agents, and invitees and save them harmless from any and all liability, loss, costs or obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of, any such injury or loss caused or claimed to be caused by the exercise of this easement or use of this easement, however occurring, other than those caused solely by the willful or negligent acts or omissions of the GRANTOR. OAK SPRINGS COMMUNITY ASSOCIATION, INC., a Montana Corporation Name: <!E�, 11J 5 i,AT&V-e Title: ACKNOWLEDGMENT OF GRANTOR State of A4"Ja" ) /� ) County of 6.S11 ss. ) On this Z2day of /l 20 Cq, before me, the undersigned, a Notary Public in and for the said State, persgnally appeared the GRANTOR, 1CWiH "#✓ , the ?.i,rMU4 of Oak Springs Community Asiffociation, Inc., a Montana Corporation, known to me to be the identical individual who executed the foregoing instrument, who acknowledged to me that the individual executed the same as the free and voluntary act of said GRANTOR, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Signature Line "'A ow" ANTHONY GADDO 0..'''��Q°�,� Notary Publlc S pTAR144;o for Mate of Montana Notary Pri ced Name *, Residing at: Notary Public for the State of SEAL a Bozeman, Montana ` ?' My Commission Expires: Residing at: n,,,,,,,,,,1111\ January 30,2023 My Commission Expires: / /20 S A N D E R S O N , Oak Springs Storm Pond S T E WA R T Page 2 of 3 18092.05 Parcel 1-1 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the City of Bozeman, a Municipal Corporation of the State of Montana, GRANTEE herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN By: A dreg Surratt City Manager ��:�•.�� •B O ATTEST: ?� tir �,( • By: Robin Crough City Clerk 9• j;883 ; l ' � . q7,:rjv co.rto State of Montana ) ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this -' day of 20 by Andrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Signature Line'. BRENDA SWEENEY Notary Public c� =mQ�pTARIq�Vic'=for(tShee4tate of Montana Notary Printed Name siding at: y.SEAL. *= Bozeman, Montana Notary Public for the State of My Commission Expires: December 02,2022 Residing at: My Commission Expires: 11 /20 S A N D E R S O N Q' Oak Springs Storm Pond S T E WA R T Page 3 of 3 18092.05 Parcel 1-1 EXHIBIT STORM DRAIN EASEMENT WITHIN PRIVATE OPEN SPACE #1 OF OAK SPRINGS SUBDIVISION PHASE 4, S3, T2S, R5E, P.M.M. PREPARED FOR CITY OF BOZEMAN MAY, 2019 PREPARED BY SANDERSONSTEWART , BOZEMAN, MONTANA s`- I \ \ BLOCK 3, \ L3 PRIVATE I I \ \ OPEN ` ` NORTH !1 t . .SPACE m SCAIEa"=6 0' uV) I \ \ \ \ \ \ \ \ cn I _ BLOCK 3, \ \ \ \ \ \ \ \ \ t: ::. LOT o I PARCEL 1-1: o I STORM DRAIN \ j::::. r EASEMENT ............................. .................................... .............i- EXISTING \ \ \ \ \ \ \ \ \ \ PROPERTY LINE (TYP) \ \ \ \ \ \ \ \ \ \ \ \ -,EXISTING UTILITY EASEMENT /BLOCK 3, I\ \(PLAT J-475) \ \ \ \ \ }:?::::::: ::(:::{i ir.' LOT 7 //T 1 EXISTING L PUBLIC P. SIDEWALK EASEMENT DURSTON ROAD P.O.B. / /(DOC #2349823) - - - - - - L1 N 88` 31' 59" W, 71.11 FEET ONTA L2 N 08` 39' 51" W, 198.21 FEET q L3 N 81° 20' 09" E, 70.00 FEET L4 S 08° 39' 51" E, 210.72 FEET MICHAEL DEAN BERTRAM 18972LS R/W LEGEND / ® EXISTING ROAD R/W NEW EASEMENT AREA OAK SPRINGS STORM POND AREA REMAINING PARCEL 1-1 d J 18092-5-EXHI BITS.DWG 18092.05 5/28/19 TG/MDB