HomeMy WebLinkAbout23 - Easement Type Unknown - Bozeman Fiber dba Yellowstone Fiber - Park Area 1 & West Park Manor, First Addition, Block 6 2799094
Page 1 of 3 04/14/2023 02:53:20 PM Fee: $24 00
Return to: Eric 5emerad - Gallatin County, MT MISc
City of Bozeman I IIIIIII IIIIII III III!IIIIIII IIIIII IIII IIII IUII IIIII illll IIIIIII III IIIII IIII IIII
City Clerk
PO Box 1230MT 59771-1230
Bozeman, M RELEASE AND RECONVEVANCE OF EASEMENTS
Bo
COMES NOW Bozeman Fiber of 77A Nugget Lane, Belgrade, MT, a domestic nonprofit public benefit
corporation, dba Yellowstone Fiber hereinafter("RELEASOR") and does hereby release and reconvey the following
described easements unto the City of Bozeman,a Municipal Corporation of the State of Montana,as follows:
WITNESSETH
WHEREAS the Releasor is the legal record title holder of cable and facilities easements situated across Park
Area (_Amended Plat of Park Area&a portion of Block 6 of the West Park Manor,First Addition,City of Bozeman,
Gallatin County, Montana
Easement Description:
Being a portion of Park Area 1, Amended Plat of Park Area & a portion of Block 6 of the West Park Manor, Fist
Addition, located in the northeast '/4, Section 1 1,Township 2 South, Range 5 East,P.M,M.,City of Bozeman,Gallatin
County, Montana, and being more particularly described as follows:
Commencing at the east %4 corner Section 11, thence WEST a distance of 703.03 feet, thence NORTH a distance of
1247.83 feet to the Point of Beginning;
thence N 89°26'57" W a distance of 15.00 feet;
thence N 001133'03" E a distance of 95.00 feet;
thence S 89°26'57" E a distance of 15.00 feet;
thence S 00°33'03" W a distance of95.00 feet,to the Point of Beginning
Said easement contains 0.03 acres(1425 sq.ft)more or less
WHEREAS the above cable and facilities easements were granted by City of Bozeman by the following
instruments:
Cable and Facilities Easement and Agreement,Exhibit G,BZ007 Easement,Page 21 of 29, recorded on
May 18, 2022 at the Clerk and Recorder's Office of Gallatin County, Montana as document number
2775958.
WHEREAS Releasor has determined it is no longer in need of the easement granted by the City to Releasor as
described above and desires to release and reconvey its interest in said easement.
WHEREFORE, the Releasor does hereby release and reconvey to the City of Bozeman the utility easement
located on the above described real property as set forth on the Exhibit attached hereto together with any right,title,or
interest that the Releasor may have in said utility easement as set forth on the Exhibit attached hereto and incorporated
herein by reference as though fully set forth and shown on the Exhibit:
This reconveyance shall not affect the remainder of those easements shown on Cable and Facilities Easement
1
2799094 Page 2 of 3 04/1 4/2023 02.53.20 PM
,Agreement,dOCUFTIent number 2775958, in the Clerk and Recorder's office of Gallatin County, Montana.
DATED this 10 day of April 2023.
RELEASOR BOZEMAN FHJ4114INC,DBA YELLOWSTONE FIBER
TITLE CEO
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of April 2023 before me, a Notary Public for the State of Montana, personally
appeared GREG METZGER,known to me to be the CEO for Bozeman Fiber,Inc.dba YeIlowstone Fiber and the
person whose name are subscribed to the within instrument,and acknowledged to me thatthey executed the same for and
on behalf of BOZEMAN FIBER INC. DBA YELLOWSTONE FIBER.
In witness whereof,1 have hereunto set my hand and affixed my seal on the day and year first written above.
(SEAL) �r��
" DAVID PALMER Notary public for the state of Montana
P Notary Public
o.• � : Residing at Bozeman, Montana
xo-, 1A . _,for the State of Montana My Commission Expires:
Residing at:
.SEAL. *= Bozeman, Montana
My Commisslon Expires:
June 24,2026
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2799094 Page 3 of 3 04/1 4/2023 02:53:20 PM
EXHIBIT "A "
BZ007 EASEMENT
LEGAL DESCRIPTION
Being a portion of Park Area 1,Amended Plat of
Park Area 8L a portion of Block 6 of the West Park
Manor,First Addition,located in the northeast 1/4, W BEALL ST
Section 11,Township 2 South, Range 5 East,
P.M.M.,City of Bozeman, Gallatin
County,Montana,and being more particularly
described as follows: —71
Commencing at the east 1/4 corner Section 11, 4 EXISTING 31DEV�ALK e a B a a a
thence WEST a distance of 703.03 feet, .'57"W(M}57 . (M)
S 89°26'S7"E
thence NORTH a distance of 1247.83 feet to the FOUND 568 N 89°26 (M) S 89°26'57"E(M) 41430' E
Point of Beginning YPC 15.00'(M) FOUND X
FOUND X IN CONCRETE
thence N 89°26'57"W a distance of 15.00 feet; IN CONCRETE
thence N 00°33'03"E a distance of 95.00 feet;
thence S 89°26'57"E a distance of 15.00;
thence S 00°33'03"W a distance of 95.00 feet
feet,to the Point of Beginning EXISTING ASPHALT
Said easement contains 0.03 acres(1425 sq.ft)
more or less
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ERESTM BZ007
12'x22'
CERTIFICATE OF SURVEYOR
I,the undersigned,Shannon J.Marinka, LEGEND 15.00'(M)
Registered Land Surveyor,do hereby certify that N 89-26-57"W(M)
between 12/13/2021,and 2022,I US PUBLIC LANDS SURVEY
surveyed,and described the herein easement as ' CORNER `a Y4 SECTION CORNER
shown. j z SECTIONS 10 8L 11
FOUND MONUMENT AS A i FOUND ALUMINUM
DATED this day of 2022• DESCRIBED w = CAP
O SETJ"x 24"RE BAR WITH _ _ WEST(M)
YELLOW PLASTIC CAP 703.03'(M)
Shannon J.Marinko#L5-14456 A SET PK NAIL IN ASPHALT
Hyalite Engineers,PLLC.
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HYALITE SATE: 0 SCALE: AS NOTED
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PHONE: Ee"s1 587-2781 (—j 52 - 225 JOB NUMBER: 213741
Q WEB: www.hyaliteeng . com
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