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HomeMy WebLinkAbout011_Public Utility Easement-StormReturn to: City of Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1230 PUBLIC STORMWATER UTILITY EASEMENT AND AGREEMENT Sutey, LLC, a Montana limited liability company, with a mailing address of 2000 Holmes Avenue, Butte, MT 59701, the GRANTOR(S), in consideration of $1.00 and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant to City of Bozeman, of 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, an easement for public drainage purposes, in, through and across a strip of land of variable width situated on the following described property in Gallatin County, Montana: S. ½, SW ¼, SW ¼, SW ¼ of Sec. 35, Certificate of Survey No. 2970, located in the SW ¼ of Section 35, T. 1 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly shown and dimensioned on the attached Exhibit A which by this reference are made a part of this document. The purpose of the easement is for the operation, maintenance, repair, removal and replacement of the underground storm sewer pipelines, stormwater structures, stormwater retention ponds and appurtenances that are located on said parcel. The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, that it has lawful right to convey an easement on the property, or any part of it, and that it will forever defend the title of the property against the claims of all persons. 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 the easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this ______ day of _____________________, 2022. Grantor: Sutey, LLC, a Montana limited liability company ___________________________________ By: Linda Sutey, Authorized Member STATE OF MONTANA ) ) ss. County of Gallatin ) This instrument was signed or acknowledged before me on this ____ day of ________________, 2022, by Linda Sutety as an authorized member of Sutey, LLC, a Montana limited liability company. _______________________________________ (SEAL) Notary Public for the State of Montana Printed Name: ______________________ Residing at: _______________, _________ My Commission Expires: _____/ _____, 20 ____. DATED this ______ day of _____________________, 202 . ACCEPTED - CITY OF BOZEMAN _____________________________________ By: Jeff Mihelich, its City Manager ATTEST: By: Mike Maas, its City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 202__, 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 G:\C&H\20\201104\Civil\Site Plan - Final\Easements And Waivers\Public Stormwater Easement\Public Utility Easement (Storm).Docx