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HomeMy WebLinkAbout03- Baxter Meadows Development LP; Tract 4, COS 2202A Baxter Meadows Sub - Storm Water Detention Basin Easement liWTEo~ IIII~ II" !I~ 1111111!m ~II ~IIII~ I ~J; ~:?:r:~,: Pr ,j . Shelley Vanoe-Gallatln Co I'IT I'IISC 18.00 Co .--.. STORM WATER DETENTION BASIN EASEMENT BAXTER MEADOWS DEVELOPMENT, L.P., who acquired title as W.B.C., L.P., a Montana Limited Partnership, of P.O. Box 11060, Bozeman, MT 59771, GRANTOR, in consideration of $1.00 and other valuable considerations, receipt of which is acknowledged, grants to BAXTER MEADOWS HOMEOWNERS' ASSOCIATION, of P.O. Box 11060, Bozeman, MT 59771, GRANTEE, its successors and assigns, a storm water detention basin easement, in, through, and across the land, the location of which is shown and described as follows: A. Storm water detention basin easement located on a portion of Tract 4 of Certificate of Survey No. 2202A, located in the Southeast One-Quarter (SE%) of Section 34, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, the location of which is shown and more particularly described on Exhibit "A" attached hereto and which by this reference are fully incorporated herein. GRANTEE shall have the right to transport storm water runoff and drainage water over and across the surface of the easement. GRANTOR AND GRANTEE mutually agree that neither party shall obstruct, modify, re- grade, enlarge, or extend cuts or fills into the surface or 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 states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. dayo! h" DATED this / 5~ ,2003. GRANTOR: BAXTER MEADOWS DEVELOPMENT, loP. formerly known as W.B.C., loP., a Montana Limited Partnership, By: Baxter Meadows Cons ction, Inc., a Montana Corpor . n formerly known as J.G.W., Inc., Its: tne artn BY: Gerald R. Williams, President STATE OF MONTANA) : ss. COUNTY OF GALLATIN ) ~ ~ On this ~ day of - , 2003, before me, a Notary Public for the State of Montana, personally appeare6/Gerald R. Williams known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same as General PartneF.of.~ter Meadows Development, L.P., for the purpose herein contained. .' ... _It.., . YO~ .~ ,:,,"~'fN-" I59S WHEREOF, I have hereunto set my hand and affixed my official seal the day and t ~~~~,.Rf~~ri~n. /2,. _~ !' 1 S "tALi f Notary ~r the State of Montana :-;.,\, . ,. ., '. l .? Printed Name: L..... J'1 e. Yp w~t.. \"< '::';' ii!iI/r,~f. ...... ~"f' ' Residing at: B "'II-, .'" ........... ~'~.,,;.,' '8r;t,~"" My Commission Expires: ts'-0l.0 - a.PP ~ H:\96037\OO 1 \MEL7456.DOC ~ III~ IIII~ I~IIIII~IIIII ~IIIII ~ III ~J: ~~~r:~,: .- Shelley Vanoe-Gallatin Co I'IT MISC 18,00 ACCEPTED:- ..-.,,-.-----.-- -........ 1-~ ~ CITY OF BOZEMAN by its Ci ty Manager - - C .~ ,COmmission ,~,.....",,". .' - STATE'~ MoNTANA) ) ss. County of Gallatin ) .- '(h On this lro day of ,2003, before me, a Notary Public for the State of Montana, personallyap eared CLARK V. JOHNSON 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 seal on the day and year first above written. H:\96037\OO I \MEL7456.DOC . --...---.----.".--- 1 I I .' 1;'35.0' STREAM I..... · I 'SETBACK ~ - - --=". '.... --=-\..........;1 !.... ,...,.,..;,;; \ t I t \ I';.. \ i ..I ], I~ I I I I II I t' I I I I I I I ~L ..... r- \I-.~- I r.il I I ... ,:j::~~Wj: I'..'...'.,...'.'.'.'.'...!; >. l. r .- ,......... I '" ......., I \~'... I ~ ' 'I ' \ ' \ \ \ \;I'J '%is'' 1 y.. 1'1 ' , \, \ '" i '.:<b, I - - t+- - "M'"""_... -'.. -... ~ ')1, , , ..' v., .-'" '#!"W'" I \" \ \ \ \ ..... \ ..hi (\ \~/A. .'.':%f..i.'.. """'~ I : ;' , , ",; ,i..'."., . ".a-i ",.f I - .''!; .C"'" 1 I i _m_ SOUTH 1/4 CORNER ~~~:~~li~~R. IIIII~~ I~ mUIIIIIIII~ IIIII~ 1111111111 ~:~; gr ~,~, Shelley Vance-Gallatin Co I'IT I'II5C 18.00 EXHIBIT A STORM WATER RETENTION BASIN EASEMENT BEING ON A PORTION OF TRACT 4 OF CERTIFICATE OF SURVEY 100 0 100 NO. 2202A, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, 1....1-___ , GALLATIN COUNTY, MONTANA, (SCALE IN FEET) SHEET TITLE PROJECT TITLE {I " . FIGURE 2 EXHIBIT A BAXTER MEADOWS '. ' DETENTION BASIN SUBDIVISION W" '.. DA TE: JUNE 2003 EASEMENT TRAKKER BUILDING 8M03Easement2,dwg