HomeMy WebLinkAbout10- J & D Family Limited Partnership Temporary Drainage Easement, Fig. LCity of Bozeman-City Clerk 23►80907
Cha�rlotte MAlls 2380907
Pa g e la t CoVntyl5MRM Fee $28.50
P.0. , B o �23a 11111111 111l Bozeman, NIT 59771 -1234
TEMPORARY DRAINAGE EASEMENT
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 of
Bozeman a municipal corporation of the State of Montana, with offices at 411 East Main,
Bozeman Montana 59715, GRANTEE, its successors and assigns, an temporary 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
"L" and Exhibit "M ":
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. Both the GRANTOR and GRANTEE agree that if
and when the piping of the Baxter Ditch in the Northeast corner of the NE 1 /4 of SE1 A, Section
9, T2S,R5E, PMM is in place and approved, this temporary drainage easement is officially
terminated.
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 r , 2010.
J & D Family Limited Partpership
Jos h . Bit ion
Title: eneral Partner of J & D Family Limited Partnership
STATE OF MONTANA
: ss
County of GALLATIN }
On this ! � day of C, + , 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 band and affixed my notary seal the
day and year first above )p6tten.
N
nton
My
ACCEPTED:
CITY OF OZ MA 'Q
B 0 by its
A T VS.
Clef th ity OM issi6li
STATE OF MONTANA
) ss.
County of Gallatin
On this I &t k day of W.DVCM60--✓ 2010, before me, a Notary Public for the
State of Montana, personally appeared (jjj,_ j< and SiarjA 01 -pt- I
known to me to be the City Manager and Clerk of the City Commission Forge 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) AIMEE KISSES
Mk:)-rA"V
F M 0 T"
Rini,
No#ary Public for the State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: /—/2—
EXHIBIT "Ll"
TEMPORARY STORM POND EASEMENTS LOCATED
IN THE NEI/4SE1/4 IN SECTION 9, T2S, R5E,
P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA
WEST BABCOCK STREET 9
S 89 E
BLOCK I
5
87. 43'
F UTURE LOT 3
QI� Flo
TEMPORARY
' I �
STORM POND
""
EASEMENT " A "
.V1
0,27 ACRES
N 89*39'23W
BLOCK I
F UTURE LOT 3
4-89 A
Bl ZONING
.V1
TEMPORARY
STORM po�D
EASEMENT 13 '�
0,35 ACRES
ui r —
rn
co
C IO
zj . . . 184.36'_ _j V)
N 89'39'23" W
EAST Y4 CORNER
SECTION 9, T2S, R5E
......................
FOUND 2" BRASS CAP
IN MONUMENT BOX
1 1901 0 0 -
o
a
0
0
O
[a"
]WIN
PHASE 1
BLOCK 1
LOT 1
LEGAL DESCRIPTION
Temporary Storm Pond Easements located in NE1 /4SE1/4 in Section 9, T2S, R5E, P.M'.M.,
City of Bozeman, Gallatin County, Montana.
Commencing at the east 1/4 corner in Section 9, Thence South 54'05'36" West a
distance of 75.88 feet to the True Point of Beginning.
Thence South 01'50'19" West a distance of 133.55 feet;
Thence North 89'39'23" West a distance of 87.43 feet;
Thence North 01 "50'19" East a distance of 133.55 feet;
Thence South 89'39'23" East a distance of 87.43 feet to the True Point of Beginning.
INCLUDING
Commencing at the east 1/4 corner in Section 9, Thence South 14'44'01" West a
distance of 381.23 feet to the True Point of Beginning.
Thence South 01'50'19" West a distance of 83.63 feet;
Thence North 89'39'23" West a distance of 184.36 feet;
Thence North 01'50'19" East a distance of 83.63 feet;
Thence South 89`39'23 " Lost a distance of 184.36 feet to the True Point of Beginning.
Said easements contains 0.62 Acres ± and is subject to all easements of record or
apparent on the ground.