HomeMy WebLinkAbout05- PT Land, Temporary Storm Drainage Easement TEMPORARY STORM DRAINAGE EASEMENT
PT LAND, GRANTOR, in consideration of the receipt of One Dollar ($1.00) and for other
valuable consideration, receipt of which is hereby acknowledged, does hereby grant to
the City of Bozeman, a municipal corporation of the State of Montana, with offices at
411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230, and to Beran,
LLC, at P.O. Box 1109, Bozeman, MT 59771, GRANTEES, two (2) temporary storm
drainage easements, in, through, and across the land, the location of which is shown
and described as follows:
A. Two (2) temporary storm drainage easements located on a portion of
Tract 2A of Certificate of Survey 1215F, located in Section 1, Township 2 South, Range
5 East, P.M.M., City of Bozeman, Gallatin County, Montana, the locations of which are
shown and more particularly described on Exhibit "A" attached hereto and which by this
reference are fully incorporated herein.
The GRANTEES shall have the right to transport storm water and drainage water
over and across the surface of the easement.
The GRANTOR AND GRANTEES mutually agree that neither party shall obstruct
or extend cuts or fills into the surface nor existing finished grade of the easement
without the consent of the other party unless such actions are necessary to restore the
surface of the easement to its original condition or grade as a consequence of damage
thereto. The GRANTOR or their successors shall retain the right to realign or
landscape the storm water swale or to place the swale into a piped system to conform
to their development plans. Further, the GRANTEES shall not modify, regrade or
enlarge the finished grade of the storm water conveyance without the consent of the
GRANTORS or their successors. Any work done on the swale shall not restrict or
reduce the flow of the storm water conveyance.
The easements granted hereby shall automatically terminate upon the installation
and acceptance by the City of Bozeman of an alternate storm drainage system
approved through any subsequent final site plan or final plat for Tract 2A of COS 1215F.
The GRANTOR states that he possesses the real property described above and
that he has a lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANTEES may peacefully hold and
enjoy the rights and privileges herein granted without any interruption by the
GRANTOR.
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 �' day of1�e
y:
LIPT LA , Jerry L. Perkins
STATE of MONTANA )
):ss
County of Gallatin )
On this Cow day of 11110 &'L 20o S, before me the
undersigned, a Notary Public in and for the State of Montana, personally appeared Jerry
L. Perkins, known to me to be the general partner of PT LAND, the corporation that
executed the within instrument, and acknowledged to me that he executed the same for
and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
(SEAL)
ary P lic for the State of Montana
le,- I . tN9dAJ- (
(Printed Name)
Residing at Bozeman
My Commission expires 0 1/ is /20 o 6
ACCEPTED BY:
CITY OF BOZEMAN
By: Chris A. Kukulski
Its: City Manager
A TEST:
0 �
Clerk of the City Commission
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of , 2 , before me, a Notary Public for
the State of Montana, personally appeared CHRIS 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 affixed my official
seal the day and year first above written.
(SEAL)
Notary Public for State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires:—/ /20
EXHIBIT 'A'
TWO TEMPORARY STORM DRAINAGE EASEMENTS LOCATED IN
'-- TRACT 2A OF COS #1215F, SECTION 1 , T2S, R5E, P.M.M.,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
I
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PROPERTY
LINE
I
I EXISTING 32.5 I
NORTH 11TH AVE.
EASEMENT --� H
I PER COS 1215F
I
S87'37'38"E S09'22'28"W
12.50' (TIE) 337.41 (TIE)
ti S02'22'22W
64.76' S8751'15"E 402.58' 1
'
COS
TEMPORARY STORM r
DRAINAGE EASEMENTAll
"'I
TEMPORARY STORM 0.28 ACRESDo
L0DRAINAGE EASEMENT 25'
0.51 ACRES 12.512.5' S01'42'37"W N I
I �I
418.98' I I I o NI
NO1'42'37"E
I 489.55' I I
I � EXISTING 30' 12.5 I
PATRICK STREET
EASEMENT PROPERTY 25'
PER COS 1215F -- LINE
12.5'—b
S52'54'04"E �I --
52.13' (TIE) I I----- ----__�8_T55'37 W 920_00 (TI,___
II I ----------- - I
I I PROPERTY N54'16'46"W
I i I LINE 54.29' (TIE)
EXISTING 30 I 1 I
I 14TH AVE.
---a --1 PROPERTY �
EASEMENT j I 3F* j
PER COS 1215E I j �RpG��2�5F LINE
II I GGS I l i
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GRAPHIC SCALE MORRISON EXHIBIT 'A'
200 0 100 zoo MAIERLE,INC.
ro ed inm Pat Todfl*w ad I n.mt•Fh—(we)se7-0rti Fm(4X)W7-1171
( IN FEET ) CLIENT:
1 inch = 200 ft. FIELD WORK DATE:XX/XX/XX PLOTTED DATE: Sep/02/2005 — 03:54:49 pm
DRAWN BY: SCALE:1"=200' DRAWING NAME:
H:\3900\001\ACAO\E%HI8ff5\EASE-1—updated.dwg
CHECKED BY: PROJ #: SHEET 1 OF 1 PLOTTED 9Y:kj*,.bsen