HomeMy WebLinkAboutStormwater Easement Return to: Bozeman City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
PUBLIC STORMWATER UTILITY EASEMENT AND AGREEMENT
ABS LLC, a Montana limited liability company, with a mailing address of 389 South Ferguson
Avenue,Bozeman,MT 59718-4157,the GRANTOR(S),in consideration of$1.00 and other good
and valuable consideration,receipt of which is hereby acknowledged,does hereby grant to City of
Bozeman, of 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771-1230, a Municipal
Corporation of the State of Montana, GRANTEE, its successors and assigns, an easement for
public drainage and stormwater purposes, in, through and across a strip of land 17.00 feet wide
situated on the following described property in Gallatin County, Montana:
Lot 4, Baxter Lane Subdivision No. 1 [Plat H-15], according to the plat thereof, on file and of
record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the
SW 1/4 of Section 35, Township 1 South,Range 5 East of P.M.M..
The easement is more particularly shown and dimensioned on the attached Exhibit A, which by
this reference are made a part of this document.
The purpose of the easement is for the operation, maintenance, repair, removal and replacement
of the underground storm sewer pipelines, stormwater structures, stormwater retention ponds and
appurtenances thereto,that are located on said Lot 4.
The GRANTOR warrants that it is lawfully seized and possessed of the real property described
above, that it has lawful right to convey an easement on the property, or any part of it, and that it
will forever defend the title of the property against the claims of all persons. 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 the 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 of C , 2022.
Grantor: ABS, LLC, a Montana limited liability company
son Bas ember By: David Ke imonson, Member
By: J. Apple e I , ember
STATE OF MONTANA )
) ss.
County of Gallatin )
This instrument was signed or acknowledged before me on this ly day of OVA
2022,by Jason Basye,David Kent Simonson and W. J.Applebee III as members of ABS,LLC, a
Montana limited liab' ' co Y.
(SEAL)
Notary Public for the State of Mont a
Printed Name:
Residing at: ,
My Commission Expires: / , 20
`oPy�o EyBy�., DAVID EVERETT
Notary Public
a .N a�• for the state of Montana
*' SEAL.=*' Residing at:
Bozeman, Montana
My Commission Expires:
"'''' November 14,2024
DATED this day of , 2022.
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 , 2022, 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
\\Missouri\Officedata\C&H\20\201397\Office\Public Utility Easement(Storm)Lot 4.Docx
EXH Off A
PUBLIC STORMWATER UTILITY EASEMENT
LOT 4, BAXTER LANE SUBDIVISION NO. I (PLAT H-151
LOCATED IN THE SW 114 OF SECTION 35, T. I S., R. 5 E.,
OF P.M-M., CITY OF BOZEMAN, GALLATIN COUNTY MoNrANA
LOT 2
20' ROAD EASEMENT
L 0 T PER PLAT
W/-
z,': Iaq, LOT 3
1-0T 5; tC_
20 30
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4 Z73 PUBUC STORM WATER
EASEMENT Ld
[S89-03-18-E]
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Co
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LOT
LOT 4
39.607 SQ. Fr. I LL-
O 0.9093 Acres
z NET AREA:
30,579 SQ. FF.
0.7020 Acres
LOT
--------------- It
SART IN STREET
300.75 270-53-31- (R)
_QN800 9 n
L;w
60' PUBLIC STREET JN�
AND UTILITY
EASEMENT PER
DOC. NO. 2199214
20 1 30
LOT 5
50
N
MAW A
w
LEGEND
PROPERTY BOUNDARY LINE
SURROUNDING PROPERTY LINE
EASEMENT LINE
Scale In Feet
90 40 0 40 PUBLIC STORM WATER
2 U71LITY EASEMENT
12 0
Engineering and Surveying Inc. Scale In Meters AREA OF EASEMENT. 1,394 Sq. Ft,
Joel Sm—idg.Olive-8—,W 59718 0.0320 Ac.
Flime 140615137-1115-F-(4061 587-976B
w .chenoineem.mm-info@ehenoneers.mm Sheet I of 1 #201397