HomeMy WebLinkAbout5-9 Instrument #2207560 After Recording Please Return To:
Katherine A. Baker
Goetz, Gallik& Baldwin P.C.
35 North Grand
P.O. Box 6580
Bozeman, Montana 59771-6580
DRAINAGE POND EASEMENT
Fairview Investments. L.L.C., of 1725 DeSales Street N.W., Suite 900, Washington, DC 20036,
the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is acknowledged, grant(s) to the CRY of Bozeman, with address
of 411 East Main Street, Bozeman, Montana 59771, the GRANTEE, forever a public drainage
easement in, through and across a strip of land situated in Gallatin County, Montana, to be
located on the following described real property:
Tract 1 of C.O.S. 1256 in NE4 of Section 2, T2S, RSE, City of Bozeman, Gallatin County
The easement, an area 123.73' x 250.12' in size, shown by the shaded area and described as
"DRAINAGE POND EASEMENT," is more particularly described on the attached Exhibit which by
this reference is made a part hereof.
The GRANTOR agrees that although the public drainage easement herein is granted to the City
of Bozeman, as GRANTEE, the City of Bozeman has no responsibility or obligation to maintain
the public drainage easement, or the above-described real property in, through and across which
such easement is granted.
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Shelley Vance-GailatLn Co MT MISC 55,00
The GRANTOR agrees that GRANTOR, its successors and assigns, is solely responsible for all
maintenance and repair of the above-described easement.
The GRANTOR warrants that it is lawfully seized and possessed of the real property described
above, and that it has a lawful right to convey the property, or any part of it. 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 GRANTOR grants the above-described easement to the GRANTEE for the express purpose
of a public drainage easement, and the GRANTOR grants the above-described easement only for
so long as the above-described real property is used for public drainage purposes. If, at any
time, the above-described real property is no longer needed for public drainage purposes, then
the above-described easement expires and all title, rights and privileges herein granted reverts to
the GRANTOR, its successors and assigns.
The terms, covenants and provisions of this 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 IU day of October,2005.
G
w nves ments, L.L.C.
STATE OF MONTANA )
) ss.
County of Gallatin
On this CP day of October, 2005, before me the undersigned, a Notary Public for the
State of Montana, personally appeared Kingdon Gould IV, known to me to be a Member of
Fairview Investments, L.L.C., the limited liability company that executed this document, and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above
written.
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Notpry Public for he State of Montana
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(Print name)
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G RANTE E
City of Bozeman
By its 42;'tse rotaoae-1
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CTerk of the City Commission
STATE OF MONTANA )
)ss.
County of Gallatin )
On this�f day of October, 2005, before me the undersigned, a Notary Public for the
State of Montana, personally appeared CHRIS A. KUKULSKI and ROBIN L. SULLIVAN, known
to me to be the City Manager and Clerk of the City Commission for 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 seal the date first above
written.
`��• Notary Public for tk6 State of Montana
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(Print name)
Residing at:
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Shelley Vence-Gallatin Cc MT MISC 55.00
EXHIBIT
DRAINAGE POND EASEMENT
BEING ON A PORTION OF TRACT I OF CERTIFICATE OF SURVEY No.12%
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 7,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL.MERIDIAN MONTANA,
CITY OF B07FMAN,GALLATIN COUNTY,MONTANA
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2207560
page: 4 of 5
10/28/2006 04!54P
SholleY Vanoo-Gallatin Cc M7 MISC 55.00
EXHIBIT
DRAINAGE POND EASEMENT
LEGAL DESCRIPTION
A drainage pond easement, being on a portion of Tract 1 of
Certificate of Survey No. 1256, located in the Northeast One--Quarter
of Section 2, Township 2 South, Range 5 East, Principal Meridian
Montana, City of Bozeman, Gallatin County, Montana, and being more
particularly described as follows:
Beginning at a point which bears South 83'17'08" East, a distance
of 412.64 feet from the North One—Quarter Corner of said Section
2;
thence North 89'45'18" East, a distance of 250.12 feet to a point
on the east line of said Tract 1;
thence South 01'31'20" West, along said east line a distance of
123.73 feet;
thence South 89'45'18" West, a distance of 250.12 feet;
thence North 01'31'20" East, a distance of 123.73 feet to the Point
of Beginning.
Said easement being 0.71 acres, along with and subject to any
existing easements.
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