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HomeMy WebLinkAbout14 Utility Easement Draft Document UTILITY EASEMENT 70 Bucks, LLC, GRANTOR, in consideration of $ 1.00 and for other and 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 perpetual utility easement for 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-foot wide to be located on the following described real property: Lots 1,2 and 3 in Block 50 of West Park Addition to the City of Bozeman, Montana, also a strip of land six feet in width East and West adjoining said lots on the East side thereof, which strip of land was vacated for street purposes by Ordinance of the City of Bozeman dated April27, 1934, filed for record in Book 11 of Miscellaneous Records at Page 561 in the office of County Clerk and Recorder of Gallatin County, Montana on April16, 1938, said strip of land being particularly described as follows, to-wit: Beginning at the Southeast corner of said Lot 3; thence North along the East line of said Lots3, 2,and 1 to the Northeast corner of said Lot 1; thence East 6 feet; thence South parallel to the East line of said lots a distance of 75 feet; thence West a distance of 6 feet to the point of beginning, all according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Deed Reference: Book 144 of Deeds, Page 188) The easement is more particularly described on the attached Exhibit A, which by this reference is made a part hereof. The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. 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 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 day of , 20 . GRANTOR 70 Bucks, LLC By: STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of 70 Bucks, LLC 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 70 Bucks, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission expires / /20 ACCEPTED: __________________________ CITY OF BOZEMAN by ________________________ City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 20 , 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. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20