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Home My WebLink About20- Temporary Storm Drain Easement - Billings Clinic - Billings Clinic Master Site Plan Project Return to: Pity of Bozeman �O��i;�,�, :>.,'i" 5ai,r-,-►•=�2� PLATTED �� After Rec�e. To: City ofBo 121 RousBoze MT59715 2716631 Page: 1 of 4 01/14/2021 04:16:07 PM Fee:M$SC•00 Eric Semerad - Gallatin County, MT 11111111111111III111111111111111111111131111111111111111111III11111111111111111111111 TEMPORARY STORM DRAIN EASEMENT Billings Clinic, a Montana Nonprofit Corporation, P.O. Box 37000, Billings MT 59107, GRANTOR, in consideration of$1.00 and for other 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, GRANTEE, its successors and assigns, a non-exclusive temporary easement for the use of the GRANTEE, in,through and across a strip of land situated in Gallatin County, Montana, 10 feet wide,to be located on the following described real property: 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. This easement is more particularly described on the attached Exhibit A,which by this reference is made a part hereof. 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 subject to other easements, covenants and restrictions of record. The easement is not exclusive, and GRANTOR retains the right to utilize the easement area and to grant use rights to others in GRANTOR's sole discretion.Nothing contained herein shall grant easement or other access rights to the general public. 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 GRANTEE will not unreasonably interfere with GRANTOR's use and operation of, and access to, GRANTOR's property. The GRANTEE will provide reasonable notice of GRANTEE's intent to use the easement(except in case of emergency). Following completion of work in the easement area, GRANTEE will as promptly as reasonably practicable return the property to substantially the same condition as existed prior to the beginning of work, except for appurtenances to the underground lines and facilities which are required to be installed on or above the surface. 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. Any person or entity utilizing the rights granted pursuant to this Drainage Easement agrees,by utilizing such rights,to be bound by the terms hereof and agrees to utilize the easement area in accordance with this Temporary Drainage Easement. 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 thiso72.J day of � , 20 06 . P:15063_02\Lega1\Temp Drain Easement.docx 1 11/25/20 mdb/bc GRANTOR: BILLINGS CLINIC, A MONTANA NONPROFIT CORP '�ON By: Title:U t LQ �(k Aqt- ' G4Cc'(�t,� STATE OF MONTANA ) :ss County of 406U-hkp ) On this �' r,C'l day of LUeinO—,,V , 20 20,before me the undersigned, allotary Public for the State of Montana,personal y appeared Wi C\ U , known tome to be the e:, � h ue` f 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. di (SEAL) No P blic for the State of Montana cP V.r cF BRITTANY CECIL m AR NOTARY NOTARY PUBLIC for the SEAL.:. State of Montana Residing at Blllings,Montana `f� ►t My Commission Expires �lFOF MON�� April 06,2021 P:15063_02\Lega1\Pub Ace Easement Sdwk.docx 2 11/25/20 mdb/bc ACCEPTED: CITY OF BOZEMAN By: anager •l'O. •• F '. J. ATTEST: o- c ' City Clerk ..............�.�$ . 40 STATE OF MONTANA ) :ss County of Gallatin ) tiH- On this day of , 20_Z before me, a Notary Public for the State of Montana,personally appeared JEFF MIHELICH and MIKE MAAS,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 writt HEATHER BiENVENUE L NotaN Public I for the state of a ontana Residing "Bozeman, Monta na otary Public for the tate of Montana res. MyCommission E22 0� ' January 26, P:15063_02\Lega1\Temp Drain Easement.docs 3 11/25/20 mdU/Uc EXHIBIT A TEMPORARY STORM DRAIN EASEMENT WITHIN LOT 2A-1 OF MINOR SUB. 221 F \ CURVE TABLE r XAAT Curve # Delta Radius Length Chord Bearing Chord Dist Ra Ci 4'54'32" 430.78' 36.91' N 03'14'45" E 36.90' —� C2 23'31'25" 167.50' 68.77' N 77'26'48" W 68.29' NORTH )� EXISTING 10' WIDE \ UTILITY EASEMENT \ NEZLAt- ' WAY ACCESS & UTILITY C / \ 65' WIDE PUBLICEASEMENT 1 � EXISTING 20' WIDE \ UTILITY EASEMENT �\ N710 00, \ 50.09, I \ C2 N89'12'31'W S1 B'42'17"W 148.89' 135.00' \ N1842'17"E 3 \ 84.91' AMVCLor S�-1�?21F ` --I— — — S71'17'43"E II 3 I 10.00' EXISTING 90' WIDE PUBLIC STREET & UTILITY EASEMENT PUBLIC STREET & UTILITY EASEMENT EXISTING 60' WIDE 1I Z PUBLIC STREET & I UTILITY EASEMENT EXISTING 10' WIDE UTILITY EASEMENT \ \ �- - - — \ EXISTING 40' \ WIDE H.P. GAS LINE EASEMENT AV"Sa WO ��N T A MICHAEL DEAN 70 BERTRAM c 0 18972LS y ae an /„fy�pRIII I-ly �I �IBBDN�-US -J Michael D B�ertP�m E-mb nr san slewan.com, L O-`wider n S .CN-Michael Dean Berl Dale:202 2.0209:36:45-OTOO' SANDERSONSTEWART@ 15063_02_EASEMENT_BASE.DWG 15063.02 9/11/20 MDB