HomeMy WebLinkAbout20- Public Street and Utility Easement - Billings Clinic - Billings Clinic Master Site Plan Project/
After recordi�-(Teturn to:
City of Bozeman
121)�:0tise Ave.
Bf>zeman MT 59715
Rtturn to:
JiPLAffiD A 0
2716626 City of BozemanOiWCi�rk �o��-,�so Page: 1 of 5 01/14/2021 04:16:07 PM Fee: $35.00 Eric Semerad -Gallatin County, MT MISC oo�man� MT 59711-1230 1111111111111 1111 IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII Ill lllll 111111111111111111
PUBLIC STREET AND UTILITY EASEMENT
Billings Clinic, a Montana Nonprofit Corporation, P.O. Box 37000, Billings MT 59107,
GRANTOR, in consideration of $1.00 and for other valuable consideration, 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 perpetual non-exclusive street and utility easement for the use of the GRANTEE, in, through and across a strip ofland situated in Gallatin County, Montana, 65-70 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 water, sanitary sewer, and storm drainage services
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. Furthermore, this easement is granted to the public for the purpose of ingress and egress by vehicular and pedestrian traffic at all times.
The GRANTOR states that it possesses the real property described above and that it has a
lawful right to grant an easement 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.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTOR subject to
GRANTOR's right to utilize the easement area and to grant easement and use rights to others to
the extent such uses and rights do not unreasonably interfere with GRANTEE's use of the
easement as set forth herein. 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 easement for the purpose of constructing, reconstructing, maintaining, servicing, repairing and replacing water, sanitary sewer, and storm drainage services agrees to utilize the easement area in accordance with this easement.
DATED this�day of �kef" , 20.2o_.
P:15063_02\Legal\Pub St & Util Easement.docx 1 11 /25/20 mdb/bc