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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 I \ I \ I � of �I N CN I \ CV N \ I \ I \ 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 j I I 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