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HomeMy WebLinkAbout10- J & D Family Limited Partnership Drainage EasementCity of Bozeman -City Clerk 2380905 P.O. Box 1230 Chae(atto Mills © 11 15 15 AM Pee $28 00 Bozeman, TAT 59771 -1230 EASEMENT i l J & D Family Limited Partnership, GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to the City o Bozeman a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman Montana 59715, GRANTEE, its successors and assigns, an easement for public drainage purposes, in, through and across the following described real property situated in Gallatin County, Montana, more particularly described as follows and on the attached Exhibit "J" and Exhibit "K ": The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, that it has lawful right to convey 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 —1 2010. J & D Family Limited Partnership By Joseph . Bi lion Title: eneral Partner of J & D Family Limited Partnership STATE OF MONTANA County of GALLATIN ss On this day of 2010, before me the undersigned, a notary public for the State of Montana, personally appeared JOSEPH C. BILLION known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he is a General Partner of J & D Family Limited Partnership and executed the same on behalf of the Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notary seal the day and year first above written,,, -` NQtafy putrac Notar y Public to he St a for the Mete of Montana Printed Name:, * t neetding at Fyructe, montana R In: ; My Commission Expir = ,„ ... � aa� vt� , iwq ACCEPTED- oy po ATV Clew oejh cq Commissioq !j 18 3 STATE OF MONTANA ss. County of Gallatin CITY &BOZE by its AM44— On this k day of M Lg , 201 before me, a Notary Public for the State of Montana, personally appeared C_kO2,� , K, and S4,," known to me to be the City Manager and Clerk of the City Commission for he 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) Z� NOTARIAL sEAL Notary Public for the State of Montana" A jrVjEE KISSEL (Printed Name) Residing at Bozeman, Montana My Commission Expires: /—/2— F.- Documents lLegal Forms- WordlEasements- WordDrainage easement. doe EXHIBIT Ivilll A DRAINAGE EASEMENT LOCATED IN THE NE1/4SE1/4 IN SECTION 9, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA WEST BABCOCK STREET 9 10 EAST X CORNER SECTION 9, T2S, R5E FOUND 2" BRASS CAP IN MONUMENT BOX p LOT 5 N 89'39'23" W B 25.0 1' - ZONING r STORM POND r AND DRAINAGE EASEMENT Sq I I o '* 0.17 ACRES M 1 P ':-- y 0 z 1 2 0 25.01' PHASE I N 89 BLOCK I LOT 1 J & D FAMILY MAJOR SUBDIVISION 5=MAN MONTANA I t �� � � 'i` IV - LEGAL DESCRIPTION A Drainage Easement located in NE1 /4SE1/4 in Section 9, T2S, R5E, P.M.IM., City of Bozeman, Gallatin County, Montana. Commencing at the east 1/4 corner in Section 9, Thence South 20'16'27" West a distance of 189.73 feet to the True Point of Beginning. Thence South 01'50'19" West a distance of 304.60 feet; Thence North 89 ° 39'23" West a distance of 25.01 feet; Thence North 01 °50'19 East a distance of 304.60 feet; Thence North 89'39'23" West a distance of 25.01 feet to the True Point of Beginning. Said easement contains 0.17 Acres ± and is subject to all easements of record or apparent on the ground.