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Home My WebLink About20- Utility Easement - Billings Clinic - Billings Clinic Master Site Plan Project After Recording,R To: City of Boze 121 Rou ve. Boz an MT 59715 PLAT�'ED� Return to: City of Bozeman City Clerk 2716625 PO Box 1230 Page: 1 of 4 01/14/2021 04:16:07 PM Fee: $28.00 Bozeman, MT 59771-1230 Eric Semerad - Gallatin County, MT MISC IIIIIII IIIIII III 1111 IIIIII IN 11111111111111111111111111 III 11111111111111111111111 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 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 perpetual utility easement the use of each and every person, firm or corporation,whether public or private,providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service,the right to the joint use of an easement for the construction,maintenance, repair, and removal of their lines and other facilities, 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. 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.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 Public Utility Easement agrees, by utilizing such rights, to be bound by the terms hereof and agrees to utilize the easement area in accordance with this Public Utility Easement. DATED thisoldo'l)day of tey,,Lcr , 2061o. P:15063_02\Lega1\Utility Easement.docs 1 11/25/20 mdb/bc GRANTOR: BILLINGS CLINIC, A MONTANA NONPROFIT QORP RATION By: Title: )2i\A(0 STATE OF MONTANA ) :ss County of 4PI I ) On this day of llQ C� r��-w , 20 2a ,before me the undersigned, allotary Public for the State of Montana,personally appeared N j+fin known tome to be the L to P( 2vj tk- i11 g�, of Billings Clinic, a Montana Nonprofit Corporation, and the person whose nam 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 P lic for the State of Montana PYFF�, BRITTANY CECIL NOTARY PUBLIC for the State of Montana SEAL .:.: Residing at Billings,Montana My Commission Expires ' April 06,2021 P:15063_02\Lega1\Pub Acc Easement Sdwlc.docx 2 11/25/20 mdb/bc ACCEPTED: CITY OF BOZEMAN By: q—ea— 72�� ty nager ATTEST: City Clerk 3 STATE OF MONTANA ) :ss County of Gallatin ) k On this 94day of , 20Z, 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 written. HEATHER E- P:15063-02\Lega1\UtiEtyNotary Put:'ic for the State of MontanaResiding at: Notary Public for the State of Montana *= Bozeman, MontanaMy Commission Expires: January 26,2022 3_02\Legal\Utility Easement.docx 3 11/25/20 mdU/Uc EXHIBIT A UTILITY EASEMENT WITHIN LOT 2A-1 OF MINOR SUBDIVISION #221 F PREPARED BY : SANpERSONSTEWART@ BOZEMAN, MONTANA 30' 30' TRACT A-1, C.O.S. 165A 77 I I EXISTING 30' WIDE COUNTY ROAD EASEMENT II LOT 2A—1, MINOR SUB. f221F NEW 10' WIDE PUBLIC UTILITY EASEMENT I I \ \ EXISTING 40' \ \ LI WDE H.P. GAS - NE EASEMENT I W I I \ \ --► EXISTING 20' WIDE UTILI Q \ ASEMENTTY I \ \ -�I NEW 20' WIDE \ \ \ STREET EASEMENT I \ \ CATTAIL LAKE SUB. \ EXISTING 35' WATER 30• 50' COURSE SETBACK ,gAT ANq MICHAEL DEAN IW B18972LS NORTH �' /( g2nn^° v D 0— S N Sm Michael De e E' SCALE:1" = 100' 'NZ m M"°°ol AAW0.1. :37:51-OTOV 15063_02_EASEMENT_BASE.DWG 15063.01 10/28/20 MDB