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Home My WebLink About18- Termination of Right of Way Easement - A. Drysdale - Drysdale Property Parcels 1, 2, and 3 (Paradise Vista Third Subdivision) After recording,return to: Security Title Co. 600 S 19th Ave Bozeman,MT 59718 Accomodation Record ng Only STC# G 2�,� 2636301 Page: 1 of 4 01/18/2019 01:28:32 PM Fee: $28.00 Eric Semerad - Gallatin County, MT MISC 1111111111111111111111111111111111 IN 11111111111111111111111111111�� TERMINATION OF RIGHT OF WAY EASEMENT This Termination of Right of Way Easement("Termination") is made this day of December, 2018 b and between Amanda Drysdale, an individual with an address of 518 M Black Ave Bozeman Y rY , Montana 59715 ("Drysdale"), and the City of Bozeman, a Montana municipal corporation with an address of 121 North Rouse,Bozeman,Montana 59715 (the"City"). WHEREAS, Drysdale owns certain real property located in the City of Bozeman, Montana, legally described on Exhibit A attached hereto and by this reference incorporated herein ("Drysdale Property"). WHEREAS, a portion, of not all, of the Drysdale Property is the dominant estate (the"Dominant Estate") of a right of way easement created by that certain Warranty Deed between Byron F. Story and Margaret Story to Joseph H. Vollmer dated May 17, 1938 and recorded in Book 81 of Deeds at Page 505 in the office of the County Clerk and Recorder, Gallatin County, Montana (the "Easement'), which Easement granted a right of way easement over and across the Servient Estate(defined below). WHEREAS, the City of Bozeman is the record owner of the servient estate burdened by the Easement("Servient Estate"), legally described as follows: Tract 3 of Certificate of Survey No. 2865, located in Sections 31 & 32, Township 1 South,Range 6 East, and Sections 5 & 6, Township 2 South, Range 6 East,P.M.M., City of Bozeman,Montana,according to the official survey thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County,Montana. WHEREAS, Drysdale, as the sole record owner of the Drysdale Property is also the sole owner of the Dominant Estate and has determined that the Easement should be terminated. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including, but not limited to, the promises contained herein,the parties hereto agree as follows: 1. Incorporation of Recitals. The parties hereto hereby acknowledge and agree that the foregoing recitals are true and correct and by this reference are incorporated into and made a part of this Termination. 2. Termination of Easement. Drysdale, as the record owner of the Dominant Estate, hereby terminates, releases, abandons, extinguishes, remises and forever quitclaims the Easement and all of its interests and rights therein with the intent that the Easement is fully terminated and extinguished and that the Servient Estate shall no longer be burdened by or subject to the Easement or the easement rights set forth therein. 3. Binding Obligation. Upon execution and recording,this Termination shall be a binding obligation of the parties hereto and shall be enforceable against the parties, and their heirs, estates, personal representatives,beneficiaries, successors and assigns. 4. Representations and Warranties; Indemnification. Drysdale represents and warrants that she has the capacity and authority to enter into and perform this Termination and no consent, approval, or other action by any other party, entity, or agency is needed to authorize the execution of this Termination.None of the execution, delivery or performance of this Termination will (i) conflict with or result in any breach of any provisions of any other agreement, license, permit or any other obligation entered into by Drysdale; or (ii) violate any order, writ, injunction, decree, statute, rule, or regulation applicable to Drysdale or the Drysdale Property.Drysdale further agrees that she shall indemnify and hold harmless the Servient Estate, its successors and assigns,from and against any and all loss,cost, liability or expense that may be imposed upon or reasonably incurred by them in connection with or resulting from any claim, action, suit or proceeding to which such person may be or become a party or in which such person may be or become involved by reason of any action taken in any way related to the Easement terminated hereby. 5. Miscellaneous Provisions. This Termination shall be governed by and construed in accordance with the laws of the State of Montana,without regard to conflict of law principles. Whenever possible,each provision of this Termination will be interpreted in such manner as to be effective and valid to the fullest extent permitted by law. If any provision of this Termination is determined to be invalid, illegal or unenforceable,the remaining provisions of this Termination remain in full force and effect if the essential terms and conditions of this Termination for both parties remain valid, legal and enforceable. This Termination may not be amended, supplemented, rescinded or terminated except by a written agreement signed by both parties hereto. IN WITNESS WHEREOF, the following parties have executed this Termination to be effective as of the date first set forth above. By:—LoojG� Amanda Drysdale STATE OF MONTANA ) :ss. County o ) This instrument was acknowledged befor e on the day of December, 2018, by Amanda Drysdale. ,,%'N�cgs'e,, VERONICA S WING _ Notary Public for the State of Montana Notary Public for the State Montana Residing at: Bozeman, Montana My.Commission Expires: March 14,2022 Page 2 of 4 City-of Bozeman, a Mon n municipal corporation Name: &J OL. W%0 0 Its: Ki�T CA t-4 I A P-�GZ STATE OF MONTANA ) :ss. County of GmAJW K ) es 085 This instrument was acknowledged before me on the �day of?�ee�::'��, 20i-R, by C-\\r,L.cY-W i k v,� , in his/her capacity as kgSj Sk M�GT r the City of Bozeman. S"`"A'SW°j., BRENDA SWEENEY Notary Public for the State Montana ' FFg' Notary Public for the State of Montana Residing at: Bozeman, Montana %�i� ••_scP '` My Commission Expires: December 02,2022 Page 3 of 4 EXH BIT A - — DRYSDALE PROPERTY - PARCELS 1 AND 2: Tract Eleven (11) of Paradise Vista Third, a suburb of Bozeman, Gallatin County, Montana, containing 1.81 acres, more or less, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana: ALSO, a parcel of land situated in the Southeast Quarter of the Northeast Quarter (SE'/4NE'/4) of Section Six (6), Township Two (2) South, Range Six (6) East, M.P.M., described as follows: Commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter (SE'/4NE'/4) of said Section Six (6), thence South fourteen feet (14') to the place of beginning; thence 277.05 feet South along the East line of Section Six (6); thence West 417.50 feet; thence North one hundred forty three feet (14T) to the southeasterly line of the Northern Pacific Railroad Mill Spur right of way; thence along said right of way line northeasterly,North 38°57' East 194.163 feet to the intersection of said right of way line with the North line of said Southeast Quarter(SE'/4); thence East 122.05 feet to a point on the North line of said Southeast Quarter (SE'/4); thence southeasterly by east, 194.2 feet, more or less, to the point of beginning; containing 2.674 acres,more or less; ALSO another smaller contiguous parcel of land, situated in the Southeast Quarter of the Northeast Quarter(SE'/4NE'/4) of said Section Six(6),described as follows: Commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter (SE'/4NE'/4) of Section Six (6), thence West 315.75 feet along the North line of said Southeast Quarter of Northeast Quarter to the point of intersection of said North line with the southeasterly line of the Northern Pacific Railroad Mill Spur right of way, which is the point of beginning; thence North 38°57' East 120.72 feet along said right of way line; thence ten feet (10') southeasterly at a right angle to said Northern Pacific Railroad right of way line; thence South eighty-five feet (85') to the North line of the Southeast Quarter of the Northeast Quarter (SE'/4NE'/4) of Section Six(6); thence West 87°13'to the place of beginning, containing .096 acres,more or less. Deed Reference: Book 105,Page 560. PARCEL 3: Lot numbered 14 of Paradise Vista Third Subdivision of the City of Bozeman, Gallatin County, Montana, containing 98/100ths acres,more or less. ALSO, beginning at the northeast corner of Lot 14 of Paradise Vista Third Subdivision of Bozeman, Gallatin County, Montana, thence North approximately 143 feet to the Southeasterly line of the Northern Pacific Railway Company's Mill Spur right-of-way to the Montana Flour Mills Company's flour mill, thence Southwesterly along said Southeasterly line approximately 186.037 feet,thence East approximately 119 feet to the place of beginning,containing .195 acres, more or less.Deed Reference: Book 137,Page 395. Page 4 of 4