HomeMy WebLinkAbout23 - Easement Type Unknown - DK Martinen, LLC - Westlakes Fourth Subdivision, Block 1 Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230 LEASE AND RECONVEYANCE OF EASEMENTS
COMES NOW the City of Bozeman, 121 N.Rouse Ave,MT 59715,a Municipal Corporation of the State of
Montana hereinafter("GRANTOR")and does hereby release and reconvey the following described easements unto DK
Martinen,LLC.,a Washington limited liability company,as follows:
WITNESSETH
WHEREAS the Grantor is the legal record title holder of a Water and Sanitary Sewer Pipeline Easement and
Agreement situated across a tract of land on the following described real property:
Located in Sout �_ 1 1_,Tm -iv'.)SQPth.Rar1<l-SE_U\11 1
From the Pont of Beene at 1be Southwest Comer of the Homestead(_Townhouses).
in the City of 5minan.Qallgtio County.Montana;Thcace S89°58'45"E Ut g disUmcg of
I00.00'alone the South Propel Line of said subdivision:Thence SMI'l5"W at a
distance of 30.00':Thence N89°58'45W at a distance of 100.00'to the west pro2qgy line
of Block 1 Westlakc's 4°Subdivision:Thence NQQ001'15'E at a distance of 30-00'
alone the westpropgM,line of Block 1 Westlake'$4°i Subdivision to the Wntof
¢celuaing, Said Tract of land brine 0,0689 Acres.
WHEREAS the above Water and Sanitary Sewer Pipeline Easement and Agreement were granted by DK
Martinen,LLC.by the following instruments: '
Water and Sanitary Sewer Pipeline Easement and Agreement filed for record May 10,2004 and recorded under number
2154661 at the Clerk and Recorder's Office of Gallatin County.Montana.
WHEREAS no public utilities are located within the easements to be released and the vacation of the said
easements will not adversely impact the Grantor's or the Public utility companies' interests.
WHEREFORE.the Grantor does hereby release and reconvey to DK Martinen,LLC.The entirety of the Water
and Sanitary Sewer Pipeline Easement and Agreement located on the above described real property as set forth on the
Exhibit attached hereto together with any right,title,or interest that the Grantor may have in said utility easements as set
forth on the Exhibit attached hereto and incorporated herein by reference as though fully set forth and shown on the
Exhibit.
2813756
Page: 1 of 8 10/23/2023 02:16:08 PM Fee: $64.00
Eric Semerad — Gallatin County, MT MISC
111111111111 11111111111111111111111111 IN 11111111111111111111111111111111111111111111111111 IN
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DATED this_�day of C)C.�6 Lk-J- ,2023.
GRAN OR-CITY OF BOZEMAN
Y ®F �.'` Nl�r(/�-CAE L2
��.. . s
.. �
ACCEPTED: p
ITY OF BOZEMAN
>: its C «y MANAG-EIz.
ATTEST: nn,, �'�'r'•r8�
° MoT4�
C rry C LE R K
STATE OF MONTANA )
):ss
County of Gallatin ) 22
On this eday of ,2Qvbefore me,a Notary Public for the State of Montana, C�T
personally appeared JEFF MIHELICH and MIKE MAAS,known to me to be the City Manager and C'- rk-of d-te
E4y GetYAnissiea for the City of Bozeman and the persons whose names are subscribed to the within instrument,and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
In witness whereof,I have hereunto set my hand and affixed my sea on tlW day an y r first wri n above.
(SEAL)
Notary public for the state of Montana
Residing at Bozemanii Montana
"""���, JULIE HUNTER y Commission Expires: (Yu
HUNTE',�'G Notary Public
.•"'oTAR144% or the State of Montana
Residing at:
.SEAL..,, Bozeman, Montana
P'� My Commission Expires:�Me June 11,2025
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illlll fllll IINI 111�11111 111111111111 Bill 111111121 612004 54661P
Shailav Vanoa-Gallatin Co MT MISC 36.eO
WATER AND SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
George Westlake, 15009 S.E.Graham Road,Vancouver,VITA 98683 and Kay Martina,
401 Sunnyslope Road,Yakima,WA 98908,,the GRANTOR(S),in consideration of One Dollar
($1.00)and other good and valuable consideration,receipt of which is acknowledged,grant to
the City of Bozeman,a municipal corporation of the State of Montana,411 East Main,Bozeman,
MT 59771-1230,GRANTEE,its successors and assigns,a perpetual easement to lay,construct
and maintain water and wastewater pipeline(s)with the ususal services,valves, connections,
accessories and appurtenances for the purpose of transmitting potable water and wastewater in,
through,and across a tract of land on the following described real property:
Located in the South=09AW of Sr&fion 1 Townshi 2 South e 5 P.M.M.
From the Pont of Beginning at the Southwest Corner of the Homestead)Townhous-es
in the City of Bowan. GalMn Coun ,Montana: Thence S82°58'45" E at a distance of
100.00'along the South Provertv Line of said subdivision:Thence S007O1'l5"W at a
distance of 30.00': Them NA9°58'45W at g diggnce of 100.00'tp the west proprty line
of Block 1 Westlake's 4'Subdivision: Thence N00°01'15"E at a distance of 30.00'
ajgng the west property ling of Block 1 Westlake's 4'Subdivision to the 2=of
beg,LaniU. Said Tract of land being 0.0689 Acres.
The easement is more particularly described on the attached Exhibit a which by reference
is made a part hereof.
This grant includes the right of the GRANTEE,its successors,permitees,licensees,
assigns agents and employees,to enter at all times upon the above-described land by using
Page 1
2813756 Page 4 of 8 10/23/2023 02.16.08 PM
I�III I Intl Ilttlll ICI IIII�Iill �I i 2�154661
�II�IIII IHI 5 2512 0 M 02:25P
Shelley Vwme-Gallatin Cc MT MISC 38.00
existing roads or trails or otherwise by a route causing the least damage and inconvenience to the
GRANTOR(S)in order to survey and establish the route and location of the easement and the
pipeline for the purposes of:
(1) Construct,operate,patrol,repair,substitute,remove,enlarge,replace,and
maintain the pipeline, services,connections, accessories and appurtenances;
(2) Trim,remove,destroy,or otherwise control any trees and brush inside or outside
the boundaries of the easement which may,in the opinion of the GRANTEE,
interfere or threaten to interfere with or be hazardous to the construction,
operation and maintenance of the pipeline;
(3) Grade the land subject to this easement and extend the cuts and fills of this
grading into and on the land adjacent to that which is subject to this easement to
the extent GRANTEE may find reasonably necessary;and
(4) Support the pipeline across ravines and water courses with structures which
GRANTEE deems necessary.
THE GRANTEE AGREES:
(1) That in connection with the construction,operating,patrolling,repairing,
substituting,removing,enlarging,replacing,and maintaining of said water and
wastewater pipeline(s),it will repair or replace,at its sole expense,or pay to
GRANTOR(S)the reasonable value of any damages to growing crops,existing
fences,ditches and other appurtenances of said land that may be disturbed by its
operation.
(2) That,during operations involving excavation, it will remove the topsoil from the
trenched area to a depth of one foot,or to the full depth of the topsoil,whichever
is less, and stockpile said top soil for replacement over the trench. It will remove
from the site any large rocks or surplus excavating material or any debris that
may have been exposed by the excavation and remains after backfilling is
completed. It will leave the finished surface in substantially the same condition
as existed prior to the beginning of operations except that the surface of
backfilled areas may be mounded sufficiently to prevent the formation of
depressions after final settlement has taken place.
(3) To lay,construct and maintain said pipeline in such manner as will not hinder or
prevent the proper cultivation and mowing of the tract to which this right-of-way
is granted.
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2813756 Page 5 of 8 10/23/2023 02.16.08 PM
IIIIII IIIII IINI Iilll�III INII IIIIIII III IIIII IIII IIII 2154661 P
THE GRANTOR(S)AGREES: Shelley Vano*-Ullatln Co MT MiSC 35.00
(1) At no time will they build,construct,erect or maintain any permanent structure
within the boundaries of said easement without the prior written consent of
GRANTEE.
(2) At no time will they modify the finished grade of the land over the pipeline by
removal of existing soil or by placement of fill material within the boundaries of
said easement without the prior written consent of the GRANTEE.
(3) That where the subject improvements are not located under improved public or
Private streets or other provided access,a 12 foot wide all -weather access road
may be constructed within the easement where at the City's discretion such access
is required for operation and maintenance purposes.
(4) The GRANTOR(S)warrant that they are lawfWly seized and possessed of the
real property described above,that they have a lawful right to convey the property,
or any part of it,and that they will forever defend the title to this property against
the claims of all persons.
(5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein
granted without any interruption by the GRANTOR(S).The terms, covenants and
provisions of this easement and agreement shall extend to and be binding upon the
heirs,executors,administrators,personal,representatives, successors and assigns
of the parties hereto.
DATED this I(o day of Qe-s 62r .2003.
George E. Westlake,Grantor Kay H. M e for
STATE OF WASHINGTON )
'ss.
County of Clark )
On this_L�day of Oc-� ,2003,before me,a Notary Public for the State of
Washington,personally appeared George E. Westlake,known to me to be the person subscribed
to the within instrument,and acknowledged me that he executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal the day and
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2813756 Page 6 of 8 10/23/2023 02.16.08 PM
2154661
06/26/2004 02.20P
year first above written. Shelley Vance-Gallatln Cc MT RISC 30.00
(seal) :,1 F.t,90k
Print Name Here: ✓p� rSnrr
NOTARY PUBLI OF THE TATE OF WASHINGTON
t..PU6LO., .c' Residing at: C a r k
�,o' .• My Commission Expires: -d
STATE OF WASHINGTON )
County of Yakima )
On this 1 Co ay of Q0 7'013EC ,2003,before me,a Notary Public for the State of
Washington,personally appeared Kay H.Martinen,known to me to be the person subscribed to
the within instrument,and acknowledged me that she executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal the day and
year ve written.
�sS10'V
Print Name Here: v t N
Nor
, Z NOTARY PUBLIC OF THE STATE OF WASHINGTON
�'+ 0 PUBLIC Residing at: t M
i�,�►t�� a� Q2 My Commission Expires: 1J- i ao
WASN�N
ACCEPT
Jepson, CitFItInager
ATTEST: y� ,
-5, w
J p• .rig .t
RaiNn 1ffkc of the City Commission
S'3 . ' Page 4
2813756 Page 7 of 8 10/23/2023 02.16.08 PM
1!llllllllll�lllll� 2154661
I!!l1�1lIl�lllll�l 0 /26/2®04 02:28P
Shelley Vanoa-Gallatin to MT MISC 3A.80
State of Montana )
:ss.
County of Gallatin )
On the loth day of May LEA&
before me, a notary public for the
State f ntana, personally appeared G and Robin L. Sullivan, known to
me to��` Manager and Clerk of the City Commission, respectively, of the City of
Bozeman, whose names are subscribed to forgoing instrument, and acknowledged to
me that they execute the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on
the day and year first written above.
(Seal)
Signature:—�Lwj /,-� �,yt,i rt�,✓
i �0�` (Print Name Here): Zvu
NOTARY PUBLIC FOR THE STATE OF MO TI�ANA
Residing at:
My commission expires:
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2813756 Page 8 of 8 10/23/2023 02.16.08 PM
TAMARACK STREET I P.O.B.
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rc UTL[TY LINE TABLE
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enflt TRACK '
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yr I Ll S89'58'45"E 100,00'
W I L2 S00'01'15"W 30.00'
L3 N89'58'45"W 100.00'
N L4 N00-01.15-E 30.00-
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WESTLAKE PARK _ �"� EXHIBIT 'A'
BMX TRACK NPRE 04xs82.10, APRIL 2003
UTILITY EASEMENT
RAIx-EASE►/ENTZING
Copyrlgbt 0 2003 NKN EngInxring Inm,AN Right.Remr"d.
