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Home My WebLink About94- Westlake Release and Reconveyance of Easement and Right of Way ~., ~ filM 168 PACfJi1S RELEASE AND RECONVEYANCE OF EASEMENT AND RIGHT-OF-WAY COMES NOW the City of Bozeman, 411 E. Main, Bozeman, MT 59715, a Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby release and reconvey the following described easement and right-of-way unto George E. Westlake, 15008 S.E. Graham Road, Vancouver, WA 98684 and Kay H. Martinen, 401 Sunnyslope Road, Yakima, WA 98908 as follows: WIT N E SSE T H WHEREAS the Grantor is the legal record ti tIe holder of a sanitary sewer easement situated across Lots 1 & 3 of Minor Subdivision No. 109 in the NE~ of Section 1, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana. WHEREAS the above sanitary sewer easement was granted October 10, 1951 and recorded in Book 14 of Miscellaneous Records, page 424 Clerk and Recorder's office of Gallatin County, Montana. WHEREAS the development of the property located over that portion of the sewer easement described below has rendered it necessary to dedicate a new sanitary sewer easement which has been granted on December 24, 1993 by George E. Westlake and Kay H. Martinen, owners of the above described property. WHEREAS it is necessary due to the age and physical condition of the present sanitary sewer line described below to abandon and vacate said sewer easement and further said sewer easement has been replaced by the sewer easement granted December 24, 1993 as stated above. WHEREFORE, the Grantor does hereby release and reconvey to George Westlake and Kay Martinen that portion of the sanitary sewer easement located on the above described real property as set forth on Exhibit A "shaded area" attached hereto together with any right, title or interest that the Grantor may have in said sanitary sewer easement as set forth on Exhibit A attached hereto and incorporated herein by reference as though fully set forth and described as follows: "Abandoned 25' wide sanitary sewer to City of Bozeman as previously recorded in Book 14 Miscellaneous, Page 424, across Lots 1 & 3 of Minor Subdivision No. 109 all in the NE~ of Section 1, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana. Th is reconveyance shall not affect the rema inder of that easement and right-of-way agreement dated September 24, 1951 and recorded on October 10, 1951 in Book 14 Miscellaneous, Page 424 of record in the Clerk and Recorder's office of Gallatin County, Montana. " filM 168 PACfJ119 Dated this 21st day of November , 199~. ATTEST: rcdk ./~ Robin L. Sullivan, Clerk of Commission STATE OF MONTANA ss County of Gallatin On this dj,a-f day of 7(C.Tz...~ ,199"1 before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki, City Manager and Robin L. Sullivan, Clerk of Commission, known to me to be the persons whose names are subscribed to in the above instrument, and who acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and afJ:~eratrnY' .. off icial seal the day and year first above written ,'iJf:' "'.. . 'oj ~';,";J' ~ OJ {,,'~li;,:.; . . '. ~ 71< ,'~~;"--'::rS~';, .~"'. NOTARY PUBLIC F~HE STATE O~;;' . ~'8 ;t,'l~l \ Resldlng In Bozeman (y,..c.fi"('I"l ......... .......,.... '. ( My Commission expires~~:ft,'\;:;Jr?"~ ~ ' . '. V.l, "'. :~"(J.,,"i\. ~ -..".90 '" '.. ''',:'-~J' ',.",1) 1\ "-.r-a~ ' '11"0,'" .. fllH 168 PACf3120 EXHIBIT A ABANDONED SANITARY SEWER EASEMENT ACROSS LOTS 1 AND 3 OF MINOR SUBDIVISION No. 109 ALL SITUATED IN THE NE 1/4 OF SECTION 1, T25, R5E, P .M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA l:. '"C~. oO.fa E. 'I' c.....ER S1'C'llON , rlS, R5E. Plot.. FWD. ,. P1P( IN1ERSTATE-90 ON RAMP IN.".. '''-RSiA, -,.,.. '''--90 ./W Ii ABANDONED 25' WIDE SANITARY SEWER EAS6tENT TO aTY OF BOHWAN PRE\llOU5L Y RECORDED ON BOOK 14 MISC. PAGE 424 110' I~ I II~ ~ 40' UTILITY - EASEM~NT I I --- I I I I I I ~ LOT' 17 .373 "C""5 w > , .C( I~ :r: ,.- ~ o , z j R/W Ii I LOT 4 D,466 o.e..u 20' UTILITY [",SEMENT I - 40' UTILITY L C EASEMf:.NT -- __ I _t_ --t-- 30' UTILITY EASEMENT ~ <( ~ It) ~ n:: o z LOT 2 3.236 ..e...." LOT 3 3.221 o.e.."" 10' SANITARY SEWER EASEMENT II " UlT, lIl<otl SOIlDMSIOIl NO. .7 UlT2 LOT J -- 00.00 ~/ " .;.sp- -~". ,p-Y,-O M:ST OAK STRfIT If I '-- -.~~,.- GRAPHIC SCALE /\ /"~~ 200 0 100 200 400 ~- -t___ J - - _1_ _,~ 8bO J INDEXED PLATTED ------ ------- ~<# -Ii' .&.<f" 1/t~ / 0) ~~ I! f)"" ~g .=. ,., ( IN FEET ) 3 a 5 2 ~, f) 1 inch = 200 ft. State of Mont., County of Gallatin. ss Flied for record NOVEMBER 25 ~ 19 96 It -2.:..Q.8 A M., and recorded in Book 168 o.i___ MISCELLANEOUS page 3~ $18.00 ,Shelley.. tbllllJ Recorder. By DfJA..&aAo.J O/~..#-D6j)Uty CITY OF BOZEMAN ..... . """, 7 FEE: RT: