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Home My WebLink AboutResolution 5325 Abandoning Portions of Road Easement Adjacent to Griffin Drive DocuSign Envelope ID:6E4A93B3-D8D1-422C-BAFF-CEA8B639BF50 274�232/2021 02:21:17 PM Fee: $40.00 Eric Semerad Gallatin County MT SC 1111111111111 III 11111111111111111�� Z� V `y � �a CO. RESOLUTION 5325 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISCONTINUING,ABANDONING AND VACATING PORTIONS OF THE ROAD EASEMENT DESCRIBED IN BOOK 84, PAGE 365, LOCATED IN THE SOUTHWEST ONE QUARTER SECTION OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M. AND IN THE SOUTHEAST ONE QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,MONTANA. WHEREAS, city engineering staff has determined it to be in the best interest of the City of Bozeman and the public to abandon a portion of said road easement entirely within the right of way of Burlington Northern Santa Fe Railroad adjacent to Griffin Drive,as shown in Exhibit"A"attached hereto; and WHEREAS, it appears to the City Commission that the subject road easement can be vacated 3 without detriment to the public interests; and WHEREAS,it appears to the City Commission to be in the best interests of the City of Bozeman and the inhabitants therein that said easement be vacated,provided that said vacation does not affect the right of any public utility to continue to maintain its utilities and equipment in said right-of-ways. NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 Abandonment and Vacation It is hereby declared by the City Commission of the City of Bozeman,Montana,to abandon and vacate the portions of the road easement described below: A portion of the easement described in Book 84,Page 365, Gallatin County,Montana, ,r Resolution 5325 I I DocuSign Envelope ID:6E4A93B3-D8D1-422C-BAFF-CEA8B639BF50 located in the southwest one-quarter of Section 31, Township 1 South, Range 6 East, P.M.M. and in the southeast one-quarter of Section 36, Township 1 South,Range 5 East,P.M.M., Gallatin County,Montana, more particularly described as follows : Beginning at the Section Corner common to Sections 1, 6, 31 & 36; Thence along the Section line between said Sections 6 & 31 N 88"10,53" E a distance of 926.74 feet to a point on the north boundary of the BNSF Railway Co. (operated by Montana Rail Link) right-of- way; Thence along said right-of-way boundary N 38"54'58" W a distance of 37.61 feet to the true Point of beginning; Thence N 88"10'53" W a distance of 203.10 feet to a calculated point;to said Sections 31 &36; Thence N 38"54'58" W a distance of 50.22 feet to a calculated point; Thence N 02"14'18" W a distance of 271.29 feet to a calculated point on the north boundary of the BNSF Railway Co. right-of-way; Thence along the north boundary of the BNSF Railway Co. right-of-way S 38"54'58" E a distance of 100.45 feet to a calculated point; Thence S 02"14'18" E a distance of 170.82 feet to a calculated point; thence S 38"54'58" E a distance of 1132.15 feet to a calculated point; thence S 66"35'07" E a distance of 219.65 feet to the Point of Beginning, containing 2.146 acres, more or less. All as shown on the attached Exhibit A. The vacation does not affect the right of any public utility to continue to maintain existing utilities and equipment in the street right-of-ways. Section 2 Fee Title to Revert to BNSF Railway Co. The fee title to the land where the right-of-ways will be discontinued will be declared, upon adoption of this resolution discontinuing the street, to revert to the Burlington Northern Santa Fe Railway Co., for their benefit. Section 3 Resolution 5325 DocuSlgn Envelope ID:6E4A93B3-D8D1422C-BAFF-CEA8B639BF50 EXHIBIT A ABANDONMENT OF PORTIONS OF THE ROAD EASEMENT DESCRIBED IN BOOK 84,PAGE 365 CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA LEGAL DESCRIPTION A portion of the easement described in Soak 84,Page 365,Gallatin County,Montana, located in the southwest one-quarter of Section 31,Township 1 Soulh,Range 6 East,P.M.M.and in the southeast one-quarter of Section 36,Township 1 South,Range 5 East,P.M.M.,Gallatin County,Montana,more particularly described as follows: Beginning at the Section Corner common to Sections 1,S.31&36; thence along the Section line between said Sections 6&31 N 88'10'53"E a distance of 926.74 /Gr feet to a point on the north boundary of the BNSF Railway Co.(operated by Montana Rail Link) Bt�X right-of-way; ?A/d/ thence along said right-of-way boundary N 38'54'58"W a distance of 37.61 feet to the true Point Of Beginning; $ A thence N 88*10'63"W a distance of 203.10 feet to a calculated point; thence N 38'54'58"W a distance of 1173.85 feet to a calculated point on the section line common ,56ti� to said Sections 31&36; gyp`: thence N 38'54'58"W a distance of 50.22 feet to a calculated point; Q. thence N 02'14'18"W a distance of 271.29 feet to a calculated point on the north boundary of the BNSF Railway Co.right-of-way; s thence along the north boundary of the BNSF Railway Co.right-of-way S 38'54'68"E a distance ,lip. of 100.45 feet to a calculated point; gs� thence S 02'14'18"E a distance of 170.82 feet to a calculated point; thence S 38'54'58"E a distance of 1132.15 feet to a calculated point; thence S 66'35'07"E a distance of 219.65 feet to the Point of Beginning, n containing 2.146 arces,more or less. �m N _� mm 00D N LEGEND 30.00' RR Right-Of-Way Boundary Line Adjoining Lot Line N Road Easement sow \ Section Line Ay \ Road Easement To Be Abandonded \ Section Comer \ o Calculated Position 1r jorl I s WS11,9 '�.�$• .1Il�jq 3QD�%L 60'COUNTY ROAD EA6EM ER B 84,PG 385 D Z r- fT I< to �7 rya✓ / COUNTY TOAD t 2 TO CL EASEMENT RA ROAD RAY RAILR D R/w PER B 84,IPG385 /p5� SECTION gµSF y Sep. I SIR i5/ LINE /tAKµA 3so• P.O.B. �900 SECTION 36 SECTION 31 RIGwAy t° T.I.S.R.5.E. T.I.S.RA.E._ 1 N 88'1o'5Y E HIGHWAYEASEM 30.0B S a8'10'53'W _I SOW 45i0e Q' _ GRIFFIN DR. 2031d 926.74' ER B.64,PG.365 rr 30. _ -- 8 38.64'86-E SECTION 1 SECTION 6 SECTION 37.61' T.2.S.R.6.E. 36`54'66•E T.2.S.R.5.E. LINE 37.61' NTANq SURVEYOR'S CERTIFICATION • • 1,certify that this was prepaired by me or under my supervision on March B ERT 4th,2021,and that the information shown true and correct to the best of myknow e�^.l H KL Norbert Hackl,PLS I Dale Montana License No.14535 LS 'y�O/CENs� 0 SUR`3 BASIS OF BEARING DRAWN BY: NH 714 StoneriEge give 0 200 The Bearing of 502'1T33'E DATE: 3/4/2021It.ALPINF Suite3From the NE Cor Lott eazaman,M758718to the SE Car Lott PROJECTNO. 218-01 5865599OIfice Szal0i'=2W Per Minor Subdivision 164 FILENAME EXHIBITAEN[31NEERttVG elpinesuYIN net DocuSign Envelope ID:6E4A93B3-D8D1-422C-BAFF-CEA8B639BF50 Filing with County Clerk and Recorder By adoption of this Resolution, and in compliance with Resolution 3628,the City Commission of the City of Bozeman hereby directs that a copy of this Resolution and Exhibit A depicting the changes approved herein be filed with the Gallatin County Clerk and Recorder. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the Yd day of August, 2021. DocuSigned by: B5588C7C1B814E6... CYNTHIA L.ANDRUS Mayor ATTEST: DocuSigned by: DocuSigned by:LG :F4 ti F41 F922095AB475._ MIKE MAAS City Clerk APPROVED AS TO FORM: CDocuSigned by: � s 876992AC9ACA44B4B_. GREG SULLIVAN City Attorney Resolution 5325 From MCA 1-5-610(7) For certifying a copy of an electronic record: State of Montana County of Gallatin I certify that the foregoing and annexed record entitled Resolution 5325, dated August 3, 2021, and consisting of 3 ages is a true and correct copy of an electronic record printed directly from the electronic file by me on 1.014 I HEATHER BIENVENUE �t elEiyLF=, Notary Public =.NOTAR/N.,,'_for the State of Montana 4 11 A A e gill i t _ - Residing at: ;.SEAL. Q Bozeman, Montana 9oFMo;�? My commission Expires: (Signature of notarial officer) January 26, 2022 (Official stamp) it