HomeMy WebLinkAbout20- Public Street Easement - Billings Clinic - Billings Clinic Master Site Plan Project After Recordi ,Retum To:
City Bo an /
121 Ro e Ave.
Bo man MT 59715 PLATTED
Return to:
City of E5oze..rnan 2716624
City Clerk Page: 1 of 4 01/14/2021 04:16:07 PM Fee: $28.00
PO Box 1230 Eric Semerad — Gallatin County MT MISC
Bozeman, MT 5J, . . -1230 ���111111111IN 111111111 III111111111111III11111111111111111111111
PUBLIC STREET 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 of land situated in Gallatin County, Montana, 20 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.
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.
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.
DATED this a0day of let.AmLy- , 206-11) .
P:15063_02\Lega1\Pub St&Util Easement_Davis.doa, 1 12/O1/20 mdb/bc
GRANTOR: BILLINGS CLINIC, A MO TANA
NONPROFIT C RP TI N
By:
Title:; .4 -Re3 � V�j.
STATE OF MONTANA )
:ss
County of )
On this day of „r�� 4 < �: , 202 l; , before me the undersigned, a Notary
Public for the State of Montana, ersonally appeared
known to me to be the.i., v f"'I i,� ., 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.
J �
(SEAL) Notary P lic for the State of Montana
���PY cFo BRITTANY CECIL
mQ�OSgR�q� NOTARY PUBLIC for the
State of Montana
SEAL :. Residing at Billings,Montana
My Commission Expires
�lFOF MON�� April 06,2021
P:15063_02\Legal\Pub Acc Easement Sdwk.docx 2 11/25/20 mdb/bc
ACCEPTED: CITY OF BOZEMAN
By:Cll� fel"'J
UF �kWanager
........... `a?
ATTEST: �•
N4j
City Clerk ` ` . •�.
STATE OF MONTANA ) �0. xiori`S
:ss
County of Gallatin )
4t'
On this 494day of , 20/',7V' , 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.
hA
,111111 L .
HEATHER Bi NVEW",
Notary Public, Notary Public for the State of Montana
i
_zP'N0r 14�.Lc=_for the State of(/ontan_
_ m-.
SEAL,.'* Dozeman, Pv,
My Commission L=X.r110s:�
' ,11I111`' January26 2022
P:1500_02\Lega1\Pub St&Util Easement_Davis.docx 3 12/O1/20 mdb/bc
EXHIBIT A
PUBLIC STREET & UTILITY EASEMENT WITHIN
LOT 2A-1 OF MINOR SUBDIVISION #221F
PREPARED BY : SANDERSON STEWART tb BOZEMAN, MONTANA
30' 30' I TRACT A-1, C.O.S. 165A
I I
EXISTING 30'
WIDE COUNTY
ROAD EASEMENT
I I
LOT 2A-1, MINOR SUB. ,#221F
I �
NEW 20' WIDE
PUBLIC STREET &
I
UTILITY EASEMENT I
I
I I
I I
\ EXISTING 40'
WIDE H.P. GAS
\ \ -LINE EASEMENT
EXISTING 20'
\ WIDE UTILITY
v \ \ I EASEMENT
NEW 10' WIDE \ \
UTILITY EASEMENT \
I �
I \ \
Y \ \
CA TTA/L LAKE SUB. \
EXISTING 35' WATER
30• I 50' COURSE SETBACK
�`�NTAN9
MICHAEL DEAN
o BERTRAM o
,mall n 18972LS
NORTH N
cE� � oa^ mmmm�mm
5
SCALE:1" = 100' Micna e ity�er<ram o m r.S, CN'-Mich el
Dpoo B n m
15063_02_EASEMENT_BASE M 15063.02 10/28/20 MDB