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Home My WebLink About011 Easement Amend 11111111111111111Illlllllilllllllllllilllll111 ?0�6@'65 IIllllill a , of 4 01/31/2000 02:55P Shelley Vanoe-rollatln Cc MT DEED 24.00 QUITCLAIM DEED THIS INDENTURE made the 25"' day of January, 2000, between Montana Rail Link, Inc. a Montana corporation, 101 International Way, Missoula, Montana, 59808, hereinafter called "Grantor" and Tom & Tamarra Co( as Joint Tenants with Rights of Survivorship, of 3250 Emil Lane, Helena MT 59602, hereinafter called WITNESSETH, that the said Grantor, for Ten and no/100 dollars ($10.00) and other good and valuable consideration, in hand paid by the said , the receipt of which is hereby acknowledged, does convey, remise, release and forever quitclaim, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, unto the said Grantees, and to their successors and assigns, all its right, title and interest, if any, in the real estate situated in the County of Gallatin and State of Montana, hereinafter cafed"Property", more particularly described as follows: rV Lots 1,2,3,4,5, 6,7 and 8 in Block 31, except Tract 2 of Certificate Lo of Survey No, 2066, of Northern Pacific Addition to the City of LU Bozeman, Gallatin County, Montana, and ti p=!= Tract A of Certificate of Survey No. C-23-A9, being that part of the NE 1/4 of Section 7, Township 2 �? South, Range 6 East, P.M.M., filed and recorded on October 12, 1999, as an amendment to the Northern Pacific Addition to the City of Bozeman, according to the official plat thereof on file and of m i-f record in the office of the County Clerk and Recorder, Gallatin County, Montana. n RESERVING, unto Grantor, it successors and assigns, Easement A and Easement B, which affect Lots 1 o through 8 of Block 31 of the Nortern Padriic Addition and Tract A of Certificate of Survey No. C-23-A9, z measuring 81/2 feet in width, measuring approximately 4'/2 feet laterally on each side from the centerline of oz m tract, and more particularly described on Exhibit "A" attached hereto, and made a part hereof. Cc RESERVING, unto Grantor, its successors and assigns, the right and priviiege to construct, maintain, o repair, renew, use, operate over, replace or remove railroad tracks, drainage facilities and appurtenances thereto in, along, over, upon or across the premises as long as the same is used or required for railroad purposes, and until Grantor, its successors or assigns, shall remove all such facilities from the premises with the intent to abandon the easements. SUBJECT, however to Grantor's reservation of all coal, oil, gas, casing-head gas and all ores and minerals of every kind and nature underlying the surface of the Property, together with the full right, privilege and license at any and all times to explore, or drill for and to protect,conserve, mine, take, remove and market any and all such products in any manner which will not damage structures on the surface of the Property, together with the right of access at all times to exercise said rights. Grantor also reserves all necessary rights of way, to be determined by Grantor, for the continued maintenance, operation and use of all existing driveways, roads, utilities, tracks, wires and easements of any kind whatsoever on the Property whether owned, operated, used or maintained by the Grantor,Grantor's Licensees or other third parties and whether or not of record, and for the installation, construction and situation of facilities necessary to or beneficial for, the operation of Grantor's railroad, with reasonable right of entry for the repair, reconstruction and replacement thereof, without limitation as a result of any further enumeration herein. In addition, reservation of a non- exclusive easement for the construction, maintenance and operation of one or more pipelines or fiber optic lines as presently located or as may be located in the future on Property. Grantees have been allowed to make an inspection of the Property and have knowledge as to the past use of the Property. Based upon this inspection and knowledge, Grantees are aware of the condition of the Property and GRANTEES ACKNOWLEDGE THAT GRANTEES ARE PURCHASING THE PROPERTY IN AN"AS-IS WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS AND THAT GRANTEES ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including the physical condition of the Property and any defects thereof, the presence of any hazardous substances, wastes or contaminates in, on or under the Property, the condition O 1R EAL E S T\EAST\c oxq cd.d oc 1 or existence of any of the above ground or underground structures or improvements in, on or under the Property, the condition of title to the Property, and the leases, easements or other agreements affecting the Property. Grantees are aware of the risk that hazardous substances and contaminants may be present on the Property, and indemnifies, holds harmless and hereby waives, releases and discharges forever Grantor from any and all present or future claims or demands, and any and all damages, loss, injury, liability, claims or costs, including fines, penalties and judgments, and attorney's fees, arising from or in any way related to the condition of the Property or alleged presence, use,storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any hazardous substances or contaminates in on or under the Property. Losses shall include without limitation (a) the cost of any investigation, removal, remedial or other response action that is required by any Environmental Law,that is required by judicial order or by order of or agreement with any governmental authority, or that is necessary or otherwise reasonable under the circumstances, (b) losses for injury or death of any person, and (c) losses arising under any Environmental Law enacted after transfer. The rights of Grantor under this section shall be in addition to and not in lieu of any other rights or remedies to which it may be entitled under this document or otherwise.This indemnity specifically includes the obligation of Grantees to remove, close, remediate, reimburse or take other actions requested or required by any governmental agency concerning any hazardous substances or contaminates on the Property. The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order, judgment, decree, injunction or common law pertaining in any way to the protection of human health or the environment, including without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation petroleum oil and any of its fractions, By acceptance of this deed, Grantees acknowledge that a material consideration for this conveyance, without which it would not be made, is the agreement by the Grantees for themselves and for their successors and assigns that the Grantor, its predecessors, successors, and assigns shall be in no manner responsible to the Grantees, any subsequent owner, purchaser, or any person interested therein for any and all claims, demands, damages, causes of action including loss of access, or suits regarding the quiet and peaceable possession of such Property, title thereto,or condition thereof. IN WITNESS WHEREOF, the said Grantor has caused this instrument to be signed by its authorized representative, on the day and year first above written. GRANTOR: A RAIL LINK INC. I ro ert evelo ment Man r STATE OF MONTANA ) 9CVJ kLZ )ss. County of Mia� n ) On this o($ day of JCLU John H.Crowley,Property Development Manager for personally appeared before me and executed the same. IIIIIIIIlIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllll Z0�MO 02:55P 60'55 Shelley Vahoe-Gallatin Co MT DEED 24.00 O:IREALES-REASTlcoxgcd.doc 2 In witness whereof,I have hereunto set my hand and affixed my`1official seal the day and year above written. Notary Public Residing at Monpna `.NOTARIAL: - My commission expires��,� 5 � GRANTEES: i �t °•�....•''�Q ��~ Tom Cox ii��rcCOFr�ON NI:s 'STATE OF MONTANA ) ss. County of ) On this day of personally appeared before me and executed the same. In witness whereof,I have hereunto set m d and affixed my official seal the day and year above written. Nota ublic Residing a My commission expires GRANTEES: Tamara Cox STA F MONTANA ) County of )ss. On this day of personally appeared before me and executed the same. In witness whereof,I have hereunto set my hand an ed my official seal the day and year above written. Notary Public Residing at My commission expires IIIIIIIIlIIIIIIII IIlIIIIIIIIIIIEIIIIIIIIIII IIEIIII Pass: 31 2� �55P Shrllay Vance-Gallatin Cc AT DEED 24.00 0:IREALES71EAS7lcoxgcd.doc 3 Y Y! 4� .ip r N W�0 Nno 1 0 �n Of W EXHIBIT ee _W A ENGINEERING DEP"rMENT s RAY Xio* 1 m CX CASnMXr FM MWAM UK EM �? \ ��'� lO�YAN CAILVld 1p11►AMA -' f p0' m m 1H0 6 -- ORDINANCE NO. 1525 AN ORDINAN CE OF THE CITY COMMISSION OF THE CITY OF BOZEM AN, MONTANA,VACATING AND ABANDONING THE STREET RIGHT-OF-WAY FOR NORTH IDA AVENUE LYING BETWEEN THE NORTH RIGHT-OF-WAY LINE OF EAST MAIN STREET AND THE SOUTH RIGHT-OF-WAY LINE OF THE EAST/WEST ALLEY BETWEEN EAST MAIN STREET AND EAST MENDENHALL STREET AND THE DEAD END EASTIWEST ALLEY RIGHT-OF-WAY EXTENDING WESTWARD FROM THE WEST RIGHT-OF-WAY LINE OF NORTH BROADWAY AVENUE BETWEEN TRACT 3A BLO CK OCK 12, AND LOT 7A BLOCK 31, NORTHERN PACIFIC ADDITION, IN THE CITY OF BOZEMAN, MONTANA. WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman a petition by Delaney and Company, owner of the property abutting said street rights-of- way, requesting that the portions of street and alley rights-of-way be vacated; and WHEREAS,the City Commission of the City of Bozeman,Montana,on the 5th day of June 2000, at its regular meeting, passed and adopted Commission Resolution No. 3365, declaring it to be the intention of the City Commission to vacate and abandon the following street and alley rights-of-way: That portion of the street right-of-way for North Ida Avenue lying between the north right-of-way line of East Main Street and the south right-of-way line of the east/west alley between East Main Street and East Mendenhall Street, and the dead end east/west alley right-of-way extending westward from the west right- of-way line of North Broadway Avenue between Tract 3A,Block 12,and Lot 7A, Block 31, Northern Pacific Addition, in the City of Bozeman, Montana. WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Daily Chronicle on the 28th day of June 2000 and the 5th day of July 2000, as appears on the affidavit of publication of the publisher of said Bozeman Daily Chronicle, which is on file with the Clerk of the City Commission of the City of Bozeman; and WHEREAS, said notice of the adoption of said Resolution has been served in the manner of the service of summons in civil actions upon all persons whose property abuts upon the portion of the above-described street and alley affected by the proposed vacation, which return of service is on file with the Clerk of the City Commission of the City of Bozeman; and WHEREAS, said notice, as published and served, designated the 17th day of July 2000 at 7:00 p.m.,at the Commission Room in the City Hall Building, Bozeman, Montana, as the time and place for hearing objections; and WHEREAS, no legal objections to said vacation were presented on the 17th day of July 2000, at the regular meeting of the City Commission, nor were any objections filed in writing prior to that meeting; and WHEREAS, the Commission made the determination at its regular meeting held on the 17th day of July 2000 that it is in the City's best interests to vacate the subject street and alley I IIIIII IIIII IIIIIII IIIII IIII IIII IIIIIII III IIIN IIII IIII zz0�68 Shelley Vine-Gallatin Ca MT MISC 10.00 If 2020768 IIIIII IIIII IIII III G911 2 or 3 IIIII IIIIIIIII 09l14l2000 04:01P IIIII I I IIIII IIII IIII Shelley Vanoa-ltatlatln Co MT MISC 10.00 rights-of-way, while preserving an easement therein for any public utility to continue to maintain existing plant and equipment in said street and alley rights-of-way. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman: That portion of the street right-of-way for North Ida Avenue and the alley right-of-way extending westward from North Broadway Avenue, as depicted on Exhibit "A", and attached hereto, be vacated while preserving an easement therein for any public utility to continue to maintain existing plant and equipment in said street and alley rights-of-way, more particularly described as follows: That portion of the street right-of-way for North Ida Avenue lying between the north right-of-way line of East Main Street and the south right-of-way line of the east/west alley between East Main Street and East Mendenhall Street, and the dead end east/west alley right-of-way extending westward from the west right- of-way line of North Broadway Avenue between Tract 3A,Block 12, and Lot 7A, Block 31, Northern Pacific Addition, in the City of Bozeman, Montana. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 21 st day of August 2000. MARCiA B. YOUNG AN, ayor ATTEST - P ROBIN L: S,U Clerk of the-Mmni&ion PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on the 5th day of September 2000. MARCIA B. YOUNG A , Mayor ATTEST:.. �n p 'r Clerk of4ht3-Csorn�si. + V .! APPROVED AS TO FORM: P UL J. 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