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Home My WebLink About05- Fairview Investments, LLC-Baxter Ln, Tr 1, COS 1256 - Storm Drainage Pipeline Easement '. _"4-. After Recording Please Return To: Katherine A. Baker Goetz, Gallik & Baldwin P.C. 35 North Grand P.O. Box 6580 Bozeman, Montana 59771-6580 STORM DRAINAGE PIPELINE EASEMENT Fairview Investments. L.L.C., of 1725 DeSales Street NW., Suite 900, Washington, DC 20036, the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, with address of 411 East Main Street, Bozeman, Montana 59771, the GRANTEE forever, a public drainage easement in, through and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: Tract 1 of C.O.S. 1256 in NE4 of Section 2, T2S, R5E, City of Bozeman, Gallatin County The easement, an area 17.01' x 85.71' x 30.00' x 66.23' x 32.00' in size, shown by the shaded area and described as "STORM DRAIN LINE EASEMENT," is more particularly described on the attached Exhibit whieh by this reference is made a part hereof. The GRANTOR agrees that although the public drainage easement herein is granted to the City of Bozeman, as GRANTEE, the City of Bozeman has no responsibility or obligation to maintain the public drainage easement, or the above-described real property in, through and across which such easement is granted. (!i,AnID W ./ 111111111111111111111111111111111111111111111111111111I ~~~~~r:~~p Shelley Vanoe.Gallatln Co MT MISC 55.mm DATED this ----h day of October, 2005. ..'1 The GRANTOR agrees that GRANTOR, its successors and assigns, is solely responsible for all maintenance and repair of the above-described easement. The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, and that it has a lawful right to convey the property, or any part of it. 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 GRANTOR grants the above-described easement to the GRANTEE for the express purpose of a public drainage easement, and the GRANTOR grants the above-described easement only for so long as the above-described real property is used for public drainage purposes. If, at any time, the above-described real property is no longer needed for public drainage purposes, then the above-described easement expires and all title, rights and privileges herein granted reverts to the GRANTOR. its successors and assigns. 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. STATE OF MONTANA ) ss. County of Gallatin ) On this t~ day of October, 2005, before me the undersigned, a Notary Public for the State of Montana, personally appeared Kingdon Gould IV, known to me to be a Member of Fairview Investments, L.L.C., the limited liability company that executed this document, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written. IIII~IIIIII/I ~UII~~III~ 1I11111~ 11111111/1111 ~~~:1~~~P Sh.lley Vance-Gallatin Co ~T MISC 55.00 written. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above V.AL~ filftiUJ J!J!r- Notar P lie for t State of ontana YLYl /11 .er ,1","lj, ,.' \ ,,~ ~; 1 L '~~'..~ t~.. /, .'.'J . \v......ir........!'~ 0 "".r .,~~ .. 'II. "., ~ :~."" ~o1A;(4i~\ --. '\"l'l ,- :-. : ~ ,e:'ALl ::i;: -, \ ~~ - ~- : - " \.......~~'''' ' .v'" ~ .:-'"" ......", '"'" .....,,~ ..:: :~~..q IIQ. ." ~ 't-.,;-. . ...,......11." ,'\ .'" -:"' t.~nt\ ~~ No~ry Public for the State of Montana rtirrt'da.. -k,. Kossler (Print name) ~~W My com:;t: expires: , /1, ~Od b ./ ('~A_~ GRANTEE City of Boze;m~.n 1'1,. An" By its CI"t"~'U A~./~ Clerk of the City Commission STATE OF MONTANA ) ) ss. County of Gallatin ) On this / 11'oay of October, 2005, before me the undersigned, a Notary Public for the State of Montana, personally appeared CHRIS A. 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. 'l'---"'"" ": i"~' ,- :~- ~:~ /....... '...~. (Print name) ResidW;;'p~ MY?OmmiSSion3h 5 !J 7 expires: . 2. k-O () '-' _ ~f$~~L) .' _.. ,,..>I., I. . -1IiI,...J#, v'.~ \ ....... '\:.- .....:1 -.'1, '"-. ~: ' r I. ,~.~ 1111111111111111111111111111111111111111111111111111111 ~~~~~r:~~p Shelley Vanoe.Gall.tin Co MT MISC 66.00 EXHIBIT A STORM DRAIN LINE EASEMENT REING ON A PORTION OF TRACT] OF CERTIFICATE OF SURVEY No. 1256 LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDL-\N MONTANA, CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA I I I I I I I I ------j I I ?01"31'20"W 17.01' ;-c o t= w<<: OU "<0 .w . 0 o li) C) <, o C<: 362 Of p. N NO L '11510 USDI MINOR 5 ~ Z ~ ....:l ~ ~ ~ ~ i=Q ~0 O~ ~~ 0(3 ~~ ~ r;p.Cf 11256 k NO' CO.S ,w ... . N ~ . ... .:to) . N :2'" C/) ~ o 10 M ~ ~~ I scALE: 1 INCH .. 20 FEET - '" -'-r') N-- ill....'" \'\",",' I '.' .. I I'll<>RT SUM.... 'IT ..:';!,,,;.' r.,.: ,j.:' .::?:., (.1\'11 Fllgmccnng 32 DlIiCI()\'llII.Y DRIVt LJ:. Lllld. Swvcying IH)ZI.'MN. M'I' .\1'71~ DPIA... 1Iy:; kWO ALLIED GL;ilh:::l:;hllicalnngim:crin!( 11"f1Olf(;(~0Ii)JAl-Il121 Al~ 1II'f\: I(IT ~:~l":~~~~ Structural Engil'1~l:ril'llo!, fAXj<4jIl>)~1U mo t1~~ OiI/2I/OS PflO,.Ect Ne.. 0A_0lI02 \Z-tAst ST<RI.~1IIf IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIII ~[~Jr:~~p Shelley Vanoe-Gallatin Co MT MISC 55.mm on ~ ;,? f ::; '" ~ ,,, v. ;S ~ 1 Vl --;;: ~ / ~ . o I '" "' o g / '0 ~ /" ~1.I1{IiT 201.2 EXHIBIT A STORM DRAIN LINE EASEMENT LEGAL DESCRIPTION A storm drain line easement, being on a portion of Tract 1 of Certificate of Survey No. 1256, located in the Northeast One-Quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, ond being more particularly described as follows: Beginning at a point which bears South 85'41'27" East, a distance of 629.71 feet from the North One-Quarter Corner of said Section 2 said point being on the South Right-of-Way of Baxter Lane; thence North 89.45'18" East, along the said South Right-of-Way a distance of 32.00 feet ta a point on the east line of said Troct 1; thence Sauth 01'31'20" West, alang said east line a distance of 17.01 feet; thence South 61'08'16" West, a distance of 85.71 feet; thence North 28.51'44" West, a distance of 30.00 feet; thence North 61.08'16" East, 0 distance of 66.23 feet to the Point of Beginning. Said easement being 0,06 acres, along with and subject to any existing easements. ~~ I GCU~~Y.E~~:~~~:iU.1 ~;.~:~;~:~;~' =~:~; KIT 5E ~~~..,~~~~~ Slruc:tural Engint:~r1I1f; "Ai\\~lI"I~~l..mo D~lt; ot/21/O' IIIIIIII~IIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~?:rt~ Shellev Vanoe~Gallatin Co MT MISC 66.~~ Q' ~ >- u "" f" ~ 2 If) w If) ~ I N 1 If) ,;:; ~ 1 ~ x o '" t co N "' () J, " / ,n o fl / Cj 8HEET lOF2 M~~T ICe.. 05-052 \):-tA1I1E STOfti.t'~"'1I