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City Clerk
PO Box 1230
Bozeman, MT 59771-1230
TEMPORARY STORM DRAINAGE EASEMENT
City of Bozeman, PO Box 1230, Bozeman Montana 59771-1230, the GRANTOR, in
consideration of One Dollar (,$1.00) and other good and valuable consideration, receipt of
which is acknowledged, grant to West Winds Master Homeowners' Association, Inc,
GRANTEE, its successors and assigns, a temporary easement for public storm drainage
purposes, in, through and across the following described real property situated in Gallatin
County, Montana:
The NW '/ of Section 2, Township 2 South, Range 5 East, P.M.M., Gallatin
County, Montana, excluding West Winds Subdivision Phases 1 A, 1 B, 2A, 2B and 3.
The easement is more particularly described on the attached Exhibit A which by this
reference is made a part hereof, and as described below:
Commencing from the north quarter corner of Section 2; S 53°51'20" W a
distance of 1,678.34 ft to the point of beginning of the storm drainage
easement, thence S 04°54'45" E a distance of 9.17 ft, thence S 17°00'31"
E a distance of 21.29 ft, thence S 84°58'04" W a distance of 78.96 ft,
thence along a curve, having arc length 30.33 ft, radius 1,020.00 ft, central
angle of O1°42'14" and a chord bearing S 03°27'56" W a distance of
30.33 ft, thence N 84°58'04" E a distance of 70.08 ft to the point of
beginning.
Said tract of land being 0.05 acres.
The GRANTORS warrant that they are lawfully seized and possessed of the real
property described above, that they have lawful right to convey the property, or any part
of it, and that they will forever defend the title of the property against the claims of all
persons. The GRANTORS further agree that the GRANTEE may peaceably hold and
enjoy the rights and privileges herein granted without any interruption by the
GRANTORS, until such time as this Easement is properly terminated.
This Easement shall remain in full force and effect until such time as construction
activity commences to relocate the storm drainage facility and this Easement is released
and reconveyed.
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.
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Charlotte Mills-Gallatin Co MTMISC 21.00
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DATED this ~ day of ~~,/ , 2008.
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GRANTOR - City of Bozeman
By its City Manager
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-~'~~L-c~~~~y of Gallatin )
On this ~~day of _,~~¢,,,~{A, , 2008, before me the undersigned, a
Notary Public for the State of Montana, personally appeared, CHRIS A. KUKULSKI and
STAGY ULMEN known to me to be the City Manager and City Clerk for the City of
Bozeman and the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the within instrument 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. ~~, .~ ; ~;~~ ~~~ ~~
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(Printed Name) `°~ ~'"~' ~ • . • • ;~`~ .`
Residin in '~}'j ;'ff,'~ 3 d ~ ~'~ +``~
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My Commission pires _~/~_/20~
12311603
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Charlotte Mills-Gallatin Co MTMISC 21.00 _ _ _ _ _-
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EXHIBIT A
PORTION OF LAND BEING THE NW 1/4 OF SECTION 2, T2S, R5E, P.M.M.,
GALLATIN COUNTY, MONTANA
EXCLUDING WEST WINDS MAJOR SUBDIVISION PHASES 1A, iB, 2A, 2B AND 3
N 1/4 CORNER SEC 2
T2S, R5E. P.M.M.
GALLATIN COUNTY, MT
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TEMPORARY STORM I /.tip. \ ~
DRAINAGE EASEMENT ~ ~~y`~~$'~°c ~
AREA = 0.05 Ac. p O.B ~ 5 ^,`O
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~ S04'54'45"E
4'58 04"_ 9.1 T
7Q.08'
84'58 04'~ \ 517'00'31 "E
~~` ,. 78_96' \ 21.29'
` R=1020.00 i
L=30.33 \ ~
4=1'42'14° I 'v?%r cz ,,, \ \
Chord=S03'27'56"W i 4 -_ \ \
Chord Length=30.33 i . ' \ \
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TEMPORARY STORM DRAINAGE EASEMENT
Copyright ®2008 HKM Enr'----'^^ ~^^ on Rinhts Reserved.
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Charlotte Mills-Gallatin Co MTMISC 0/2008 02.37P
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EXHIBIT A
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04S067.125 AUG 2008