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HomeMy WebLinkAbout17- Release and Reconveyance of Easements - Boise Airport Center, LLC - Cannery District Water Pipeline and Access Easement Please return to: City of Bozeman—City Clerk PLATTED P.O.Box 1230 Bozeman,MT 59771-1230 2587714 Page: 1 of 3 08/04/2017 08:36:45 AM Fee: $21.00 Charlotte Mills - Gallatin County MT MISC Iililll IIIIII III III illllll����II IN IIII 111111111111111111111111111111111111111 RELEASE AND RECONVEYANCE OF EASEMENTS COMES NOW the City of Bozeman, 121 North Rouse Avenue, Bozeman, MT 59715, a Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby release and reconvey the following described easement(s) unto Boise Airport Center, LLC, Montana as follows: WITNESSETH WHEREAS the Grantor is the legal record title holder of Water Pipeline and Access Easement and Agreement situated across: Lot K of Plat C-41-M located in the SW1/4 of Section 6 T2S R6E, City of Bozeman, Gallatin County, Montana. WHEREAS the above Water Pipeline and Access Easement and Agreement was granted July 25, 1996 and recorded on November 25, 1996 at the Clerk and Recorder's Office of Gallatin County, Montana. WHEREAS the water pipeline and hydrant within the easement are to be abandoned as part of the Cannery District Phase 2 site improvements, the vacation of all of the Water Pipeline and Access Easement and Agreement recorded on November 25, 1996 will not adversely impact the Grantor's interests. WHEREFORE, the Grantor does hereby release and reconvey to Boise Airport Center, LLC those portions of the easement(s) located on the above described real property as set forth on Exhibit A attached hereto together with any right, title, or interest that the Grantor may have in said easements as set forth on Exhibit A attached hereto and incorporated herein by reference as though fully set forth and described as follows: Water Pipeline and Access Easement and Agreement recorded on November 25, 1996 as Recording Number 335263, Film 168 page 3058, in the Office of the Clerk and Recorder, Gallatin County, Montana. DATED this 2— 'day of j ut,%A , 20 1'4-. GRANTOR- CITY OF BOZEMA Title Inf WAA C-j-rY Mom/{„ iq--�'EY_L BO ATTEST: • City erk -: •< . .z 71' , 1883 , •c� t9TIN CO rt�� STATE OF MONTANA'. �—)" )ss. County of Gallatin ) On this 2 41:0' day of ,2017,before me, a Notary Public for the State of Montana,personally appeared DENNIS TAYLOR and ROBIN CROUGH,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. "oAswF%, BRENDA SWEENEY Notary Public mQ NpTARI,4': for the state of Montana Residing at: y.SEAL.-',,*;- Bozeman, Montana Notary Public tr the State of M tana My commission Expires: December 02,2018 (Printed Name) Residing atzsz My Commission Expires /20 EXHIBIT 'A' VACATION OF AN EXISTING EASEMENT AS DESCRIBED WITHIN FM168PG3058 AND FOUND WITHIN THE RECORDS OF THE GALLATIN COUNTY CLERK AND RECORDERS OFFICE. LOCATED WITHIN THE SW 1/4 SECTION 6, T2S, R6E, PRINCIPAL MERIDIAN MONTANA CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA I I — — — — — — — — — — — — — — — — — — — —j � I EXISTING WATER AND SEWER EASEMENT � DOC#2507158 pp `gyp — — 4- I - - - - - - - - - - - - - - � LOT K gyp\ I p EXIST 30'x30' WATER I I ESMT. TO BE VACATED I q I 2Q'e Fm168Pg3058 I � I 1p . - I I T • I I 30' — — — S�'e ���, 30' WIDE SEWER/WATER EASEMENT Doc# 2548874 - - 40 20 0 40 IN FEET BASIS OF BEARING: Amended Subdivision Plat C-41—M � c EXHIBIT 'A'PRo C CEy CHEED:JEFFTONER STAH LY 1 D4 W. www.reaeng.com WATER EASEMENT VACATION DATE: 5/18/2017 �' TV79 t•' BROADWAY MT 9457 3530 CENTENNIAL NE NII 60R B5BDZEIADANE,RNDR. STE. I SW 1/4 SECTION 6,T2S, R6E,PMM, Ph—(406)535-8594 Phonr.(406)442-8594 Phonc(406)522-9526 CITY OF BOZEMAN SHEET f0`�n�FS F-(406)442-8557 F9x:(406)522-952e GALLATIN COUNTY,MONTANA EXHIBIT t���,,i;,�'0,t aii�l.Sinvel,o,s STAHLY 851 Bridger Drive,Suite 1,Bozeman,MT 59715 1 phone:406-522-9526 fax:406-522-9528 1 www.seaeng.com �9ffOCINT�s��` May 19, 2017 Shawn Kohtz, PE Project Engineer City of Bozeman Engineering Department 20 E. Olive, PO Box 1230 Bozeman, MT 59771-1230 MAY 2 2 2017 RE: Cannery District Phase 2 L -- �- Release and Reconveyance of Easement Dear Shawn: Please find the following documents for the release and reconveyance of an easement that was created in 1996. The easement was for a water pipeline and hydrant that are to be abandoned as part of the Cannery District Phase 2 site improvements. The submittal includes: • Release and Reconveyance of Water Pipeline and Access Easement and Agreement • Water Easement Vacation Exhibit • Copy of Water Pipeline and Access Easement and Agreement Film 168 Page 3058 (Recording Number 335263) Please let me know if you have any questions or need any additional information. Sincerely, Cordell D. Pool, PE RN IWW3W //-- W►TIM PIPIMZNE MW uCZ" 2"Mm" MW ""MUZUT /QEor e.cry LS�.r�x , the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(m) to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, GRANTER, its successors and � assigns, a perpetual easement to lay, construct and maintain water pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land situated in Gallatin County, Montana, thirty ( 30 ) feet wide to be located on the following described real property in the SW 1/4 of Section 6, T2S, R6E, PMM: Lots 26 and 29 and adjacent vagated Fight-of-Way in Block 2 of Imes Addition to Bozema . Mont4llda 4cS:4Cding to the official plat thereof on file and recorded in the Officer of the County Clerk and RecoXder of Gallatin County, Montana, The easement is more particularly described on the attached - Exhibit = which by this reference are made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and its and their agents and employees, to enter at all times upon the above- described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR(S) in order to survey and establish the route and location of the easement and the pipeline and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories and appurtenances; (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the easement which may, in the opinion of the GRANTEE, interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipeline; (3) Grade the land subject to this easement and extend the cuts and fills of this grading into and on the land adjacent to that which is subject to this easement to the extent GRANTEE nay find reasonably necessary; and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. ' THE GRANTEE AGREES THAT: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipeline, it will AGA repair or replace, at its sole expense, or pay to GRANTOR(S) ' the reasonable value of any damages to growing crops, existing fences, ditches and other appurtenances of said land that may be disturbed by its operation. I f '� f1lN �66PACE3()59 � . (2) That, durinq operations involving excavation, it will rasa ve the topsail Cron the trenched area to a depth of one foot, or to the f%Ll depth of the topsoil, whichever is less, and stockpile said top soil for replacement over the trench. it ti will remove Eros the site any large rocks or surplus excavating material or any debris that nay have been exposed t by the excavation and remains after backfilling is `. completed. And, it will leave the finished surface in substantially the same condition as existed prior to the beginning of operations except that the surface of backfilled areas any be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. (3) To lay, construct and maintain said pipeline in such manner as will not hinder or prevent the proper cultivation of the tract to which this right of way is hereby granted. bf THE GRANTOR(S) AGREE THAT: (1) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (2) At no time will thty modify the finished grade of the land 's over the pipeline by removal of existing soil or by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) The GRANTaR(S) warrant that they are lawfully seized and possessed of the reel property described above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. (4) The GRANTEE .may peaceably hold and enjoy the rights and i privileges herein granted without any interruption by the GRANTOR(S) . 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. + r . i 2 tug ise�3oso DATED this ,' 'Tp day of 1996. GPANTOR ,va tAT 's-i STATE OF MONTANA T .• Gam" ''y ) ss GALLATIN COUNTY ) Om this — day of_ 1996, before no. a Notary Public�a far th" ate�![a`ntana, personally appeared : -;p - , known to as to be the sera a whose name is subscribed £orwithin this instrument and ad to no that he did execute the same. ';, fitness whereof, I have hereunto not my hand and affixed :�+ 1 seal the day and year trot above written. SLIC FqR THE STATE OF MONTANA �a"Cimaission expires _-� .-+� y t XL ACCEPTED: r - C Y OF BC b its City Manager A7YT�. �/ Cler of the City C siren STATE OF MONTANA ) as. Gallatin county � ) / On this �fr��'� day of ± , 1996, before me, a Notary public for the State of Montana, personally appeared. James B. wysocki. and Robin L. Sullivan, known to me to be the City Manager and. Clerk of the City Commission known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. In witness whereof, I have hereunto set my hand and affixed my seal on the clay-and year first written above. r U Y PURL FOR E S OF ON A Residing at ommission a rea #,W Aj. t r�� rl A" .r Y 3 30.00 ALLEY rrl C-7 - 0 I I 1 1 . < ? N • z$ � c� 2 O� L 1 ol t4 13 12 11 10 9_ b 7 6 5 4 3 2 1 p BOZEMAN AVENUE 1 1 o I i I I 3 - 1 0 2s `" 19 Z0 21 22 23 24 ! 25 1 12—� 29 30 31 32 N� 1 ALLEY •: t7 i z I I 1 CD C 1 •� •w f rzn i •y :� D o U zn O I c,m I 30.00 14 13 12 11 10 9 7 6 j5 4 3 2 1 of 1 ! 1 } c MONTANA AVENUE 0 bob +1 Ment.Cowhy eJ y Fd d}e..aoad NOS R I �it+DFJt�`JLsF 1 2�, t9 9 8:55A M» and +rrord�d i,. Aao1r- 16 _ MI SQLLANE pap•+ FEE: $24.00 %11: WY OF MZEMM1 �WLEcA L20M 80ZEAMN WATER F"M & FVMVATM PRO©RAM .�EKHW .A. !� 4M22A.12a MAY 1siY6