HomeMy WebLinkAbout21- Stormwater Drainage Easement - Headwaters Community Trust, Inc. - Bridger View PUD J-691
After recording rettun to:
City of Bozeman
City Clerk's Office
PO Box 1230
Bozeman MT 59771
PLATTED
2742262
Page: 1 of 5 07/21/2021 10:45:46 AM Fee $40.00
Eric Semerad - Gallatin County, MT MISC
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STORMWATER DRAINAGE EASEMENT
Headwaters Community Housing Trust, Inc., a Montana nonprofit corporation(the
"Grantor"), for good and valuable consideration, hereby grants to The City of Bozeman, a
municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue,
Bozeman, Montana 59715 (the"Grantee"), and the Grantee's successors and assigns, a
perpetual non-exclusive easement(the "Easement") over, under, and across the parts of the real
property described below (the "Land") to (1) inspect the stormwater drainage system depicted in
the diagram attached as Exhibit A(the facilities comprising that system, the "Stormwater
Drainage Facilities"), and (2) fulfill any necessary Stormwater Drainage Facilities maintenance
obligations the Bridger View Owners Association(the "Association") fails to fulfill. The Land is
described as follows:
A tract of land being known as the Bridger View P.U.D. Subdivision, according
to the official plat thereof on file and of record in the office of the County Clerk
and Recorder, Gallatin County, Montana filed in Book_, Page , records of
Gallatin County Montana. J-691
The locations of the portions of Land comprising the Easement areas (those portions of
Land, the "Easement Area") are more particularly described and depicted as the "Storage
Areas", "Drainage Direction", and "Drainage Paths" in the diagram attached as Exhibit A. The
Easement Area also includes public drainage from Hillside Lane.
This grant includes the right of the Grantee, its successors,permittees, licensees, and
assigns and its and their agents and employees, to enter at all times upon the Easement Area by
using existing roads or trails or otherwise by a route causing the least damage and inconvenience
to the Grantor and the owners and occupants of the Land to:
(1) Access and inspect the Stormwater Drainage Facilities; and
(2) At the Association's expense, fulfill any necessary Stormwater Drainage Facilities
maintenance obligations the Association fails to fulfill.
THE GRANTOR AGREES:
(1) Grantor warrants that it owns the Land and has the right to grant the Easement thereon.
(2) Grantee may peaceably hold and enjoy the rights and privileges herein granted without
any interruption by Grantor. The terms, covenants and provisions of this instrument shall
extend to and be binding upon the heirs, executors, administrators, personal
representatives, successors and assigns of the parties hereto.
[Signature pages follow]
DATED this day of Un e , 2021.
GRANTOR:
HeadwItXCo unity Housing Trust, Inc.
By: �—
Name: IZ-H 4V—L W
Its: gT— Glut
STATE OF MONTANA )
ss.
County of Gallatin )
On this 14 day of �� �( , 2021, before me the undersigned, a Notary
Public for the-State of Montana, personally appeared, AA%c1-c<<l �� � , known to
me to be the("-cCC)C� ' , . \< of Headwaters Community Housing Trust, Inc.,
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 Headwaters Community Housing Trust,
Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
No Pub is for the State of Montana
iNOT�a,^ NOTARY PUBLIC for the
'SEAL STATE OF MONTANA
4 Residing at BelCommission
Direr (Printe Name)
My Commission Expires
October 29,2022 Residing in 13 Err
My Commission Expires ZL)_/ � 12(b7�
DATED this'a)r, day of V YVl— , 2021.
GRANTEE:
CITY OF BOZEMAN, MONTANA
<71��IXLU-
HELICH, City Manager
ATTEST:
.• ;
MIKE MAAS, ity Clerk
a�•.'8g
STATE OF MONTANA .........
ss.
County of Gallatin )
On this 1-1 day of , 2021 , before me, a Notary Public for the
State of Montana, personally appeared AFF MIHELICH and MIKE MAAS, known to me to be
the City Manager and City Clerk for the City of Bozeman, respectively, 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 seal on the day
and year first above written.
�,SRAT.T
�Bl& HEF+THER BIENVENUE���P �LF' Notary Public=�.�oRrq�?m_for the state of MontanaResiding at:
��.SEAL.�Q Bozeman, Montana Notary Public for the State of Montana
� ?>' My Commission Expires:
of MO , January 28,2022
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: _/ /20
Exhibit A
STORAGE ARP IS ---
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DRAVWA PATHS
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