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HomeMy WebLinkAbout10' Utility Easement (DRAFT) 10-28-2020RETURN RECORDED DOCUMENT TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 UTILITY EASEMENT Island, LLC., a Montana limited liability company, with a mailing address of P.O. Box 12037, Bozeman, MT 59719 the GRANTOR, in consideration of $ 1.00 and other good and valuable consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman, of 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual utility easement for the use of each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, through and across a strip of land situated in Gallatin County, Montana, 10 feet wide to be located on the following described real property: Lot R-2, J&D Family Major Subdivision, Phase 2 [Plat J-610], located in the SE 1/4 of Section 9, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly shown and dimensioned on the attached Exhibit A, which by this reference is made a part of this document. 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 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. DATED this ______ day of _____________________, 2020. GRANTOR: Island, LLC., a Montana limited liability company __________________________________ By: W. Mark Easton, Member STATE OF MONTANA ) ) ss. County of Gallatin ) This instrument was signed or acknowledged before me this ____ day of __________________, 2020, by W. Mark Easton as member of Islands, LLC, as Montana limited liability company. (SEAL) ____________________________________ Notary Public for the State of Montana Printed Name: ________________________ Residing at My Commission Expires _____/ /20___ DATED this ______ day of _____________________, 2020. ACCEPTED - CITY OF BOZEMAN _____________________________________ By: Jeff Mihelich, its City Manager ATTEST: By: Mike Maas, its City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 2020, before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana Printed Name: ________________________ Residing at My Commission Expires / /20___ G:\C&H\18\180820\Site Plan\EASEMENTS\10' Utility Easement.Doc