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HomeMy WebLinkAboutTemp Drainage Easement DRAFT 091120 P:15063_02\Legal\Temp Drainage Easement.docx 1 9/11/20 mdb After recording, return to: City of Bozeman 121 Rouse Ave. Bozeman MT 59715 TEMPORARY STORM DRAINAGE EASEMENT Billings Clinic, a Montana Nonprofit Corporation, P.O. Box 37000, Billings MT 59107 (hereafter referred to as GRANTOR), for valuable considerations, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715 (hereafter referred to as GRANTEE), its successors and assigns, a temporary easement for the use of the public, in, through, and across a tract of land situated in the SW1/4 of Section 26, T. 1 S., R. 5 E., P.M.M., in the City of Bozeman, Gallatin County, Montana, being Lot 2A-1 of Minor Subdivision 221F, according to the official plat on file in the office of the clerk and recorder of Gallatin County, Montana, under Document No. 2674267; said easement being more particularly shown and described on attached Exhibit A. This easement is granted for the purpose of constructing, reconstructing, maintaining, operating, servicing, repairing and replacing a temporary storm drainage facility across, under and through said real property, together with the right of free ingress and egress at all times by GRANTEE and assigns for said purposes. The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant easements 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 terms, 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. This easement is temporary in nature and shall remain in effect until such time as alternate storm drainage improvements are designed and installed. At that time, this easement will be rendered null and void and without any force or effect. DATED this day of , 20 . Grantor: Billings Clinic, a Montana Nonprofit Corporation By: Title: STATE OF MONTANA ) ):ss County of ) On this day of , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the of Billings Clinic, a Montana Nonprofit Corporation, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Billings Clinic. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana P:15063_02\Legal\Temp Drainage Easement.docx 2 9/11/20 mdb ACCEPTED: CITY OF BOZEMAN By: City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 20 , before me, a Notary Public for the State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within 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 Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana