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HomeMy WebLinkAboutBozeman Deaconess Surface Drainage Easement, 1984 fiLM 85plGE3999 . .. SURFACE DRAINAGE EASEMENT Bozeman Deaconess Foundation, a Montana corporation, Grantor, in consideration of Ten Dollars ($10), receipt of which is acknowledged, grants to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, Grantee, its successors and assigns, a perpetual easement for drainage purposes to flow water from the overflow pipe of the water storage reservoir located in Josephine Park upon and over the natural drainage located within the following described real property situated in Gallatin County, Montana: A tract of land including: 1) A portion of the Drum Lummon Addition to the City of Bozeman which is located in the SW 1/4, SW 1/4, S 8, T2S, R6Ei and 2) A portion of the Central Adition to the City of Bozeman which is located in the W 1/2, NW 1/4, S 17, T2S, R6Ei and 3) A portion of the Prospect Hill Addition to the City of Bozeman which is located in the NE 1/4, S 18, T2S, R6Ei and 4) A portion of the Valley View Addition to the City of Bozeman which is located in the NE 1/4, S 18, T2S, R6Ei and 5) An unplatted portion of the E 1/2, S 18, T2S, R6Ei All such Additions according to the official plats thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. The term of this grant shall he either for five (5) years from its date or until Lovelace Drive is an improved street with pavement, curb and gutter installed, whichever is longer. This grant includes the right of the Grantee, its successors, permitees, licensees, and assigns and its and their agents and employees, to enter at all times upon the - FILM 85p~GE4000 above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the Grantor in order to: 1. Patrol, repair, and maintain the natural drainage; 2. Trim, remove, destroy or otherwise control any trees, brush within the natural drainage which may, in the opinion of the Grantee, interfere or threaten to interfere with the maintenance of the natural drainage. Grantor hereby reserves the right to use the easement premises in any manner that will not prevent or interfere with the exercise by the City of the rights granted hereunder. The Grantee agrees that: 1) The use hereby granted shall be limited exclusively to drainage purposes and uses incidental thereto. As used herein, the term "drainage" shall connote the flow of normal and excess water from the water storage reservoir located in Josephine Park across the easement premises. . - , 2) At this time, it does not plan to install storm sewers as a part of the improvements included within Special Improvement District No. 644 as created by Bozeman City Commission Resolution No. 2482. If, due solely to the drainage defined in the preceding paragraph, it elects to include storm sewers within Special Improvement District No. 644, that portion of the engineering and construction costs attributable to the storm sewers shall not be paid by the Grantor. 3) The right of drainage herein granted across the easement premises shall be exercised and used in such a manner as not to cause any damage or destruction of any nature whatsoever to or interruption of the use of the adjoining lands owned by the Grantors and others. -2- fiLM 85PAGf10D1 . ...., . '. 4) It shall indemnify and hold harmless the Grantor from and against any and all liability whatsoever arising out of or connected with the exercise of its rights under this easement, except for liability caused by the sole negligence of the Grantor, its offices, agents or employees. The Grantor agrees that: 1) At no time shall any building of any kind or anything else be erected or placed permanently or temporarily within the easement which interferes with the water flow over, upon and through the natural drainage. 2) The Grantor warrants that it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the property, or any part of it, and that it will forever defend the title to this property against the claims of all persons. The terms, covenants and provisions of this agreement shall extend to and be binding upon the successors, and assigns of the parties hereto. DATED this tt./- day of ~ , 1984. GRANTOR BOZEMAN DEACONESS FOUNDATION By Its b~ ATTEST: \/;/ ,/" /_~;tf//(~)za,~':7d?d7' I GRANTEE THE CITY OF BOZEMAN 'l'I,;l"',"tt... '; '.~':'~-~'\>"': BY~vv-LV 2, G)~' Its C ty Manager -3- fiLM 85 P!GE 4002 · . . . l " STATE OF MONTANA ss. County of Gallatin On the 14th day of August , 1984, before me, a Notary Public for the State of Montana, personally appeared Edwin Dahlberg known to me to be the Administrator of Bozeman Deaconess Foundation , the corporation that executed the foregoing Surface Drainage Easement and acknowledged to me that he/she executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ,1,\1."UI'I// \,...., C "111 .' ... ", . H.A 'I,: , :.~~ ~r ........".. ~.b I",,; .;~ ~ .."" .'~,/r~ ~." {V(~ill!1~"\<; \ ~~ \ SEAL' j ~ ~"'" tf' .-..... .~.." \~ .... .... ~.";> ~!, "r ."...... rJ(' . ;f;"f;" r;l"': ),11'" ' '/P!"I .' ".1' y- oqAAA- ,-/2.-._..1 '"} I' I ( . -/"'-'-fU''----' Notary Public for State of Montana Residing at Bozeman , Montana My Commis sion expires: April 30, 1985 STATE OF MONTANA ss. County of Gallatin On the 1st day of October , 1984, before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the persons described in and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ,\\\\11111""/", ", ,'0 '1, .." ~ . '," J.; "". ......"__,*:) ....~~.u... 4~J1,!, ,;:-r:: '"'""..:.! ' ' #......fA '....,... ~v . ""r...'tUJlt ..,......" ' : .l" "tj~~/:,;f.~~~ i :: : S' ','}-fA' " L' '~ft/,! '1"""'" .,.t. :- t ~. oS"~:' = ...... .'"' ".. ' ';. "1" '~", S ~. '...... "~ '.. ,..' , $ 1""" """1'~ ... '_. 1'..,' .,... ' ..' ",," " ~.,..... (~LI 0# ",{"t., ..11<".... "'~...... ,.... .....:J1~ "'< I'Ir. "~\~"(,,:\.siate of Mont., CouAt)' of Galkltin. 58 Filed for record December 10 . ,.., at 1: 59 PM., and recorded in Book 85 9f, MISCELLANEOUS ~\.y. 'W'. ~Wttte Recorder. By ~ ~ I-U C 1; #1 VI, l/lC it Rt: City of Bozeman -4- I $-0- \.. ,7. 7J' / ~.~_"C.-' ( - r.Jo..Ar~ Notary Public for State of Montana Residing at Bozeman , Montana My Commission expires: April 30, 1985 ~ ~ , 1984 page..22J 9 l)eput.,