HomeMy WebLinkAbout23 - Easement Type Unknown - DK Martinen, LLC. - Westlakes Fourth Subdivision, Block 1 Lot 1 Return to:
City of Bozeman
City Clerk
RQ Box 1230
Bozeman, MT 59771-1230 RELEASE 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 Lotl, Block 1, Westlake's Fourth Subdivision,to the City of Bozeman,according to the
official plat on file at the office of the Gallatin County Clerk and the Recorder. City of Bozeman, Gallatin County,
Montana.
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 June 16,1986 at 5:05pm and recorded in
Book 92 of Miscellaneous page 2483 under number 156505 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 ofthe 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:
This reconveyance shall not affect the remainder of those easements shown on said Book 92 of Miscellaneous
page 2483 in the Clerk and Recorder's office of Gallatin County,Montana.
DATED this K11—day of 2023.
2813786
Page: 1 of 7 10/23/2023 03:48:51 PM Fee: $56.00
Eric Semerad - Gallatin County, MT MISC
1111111111I 11111 IN 1111111111111[II I11]II �111�1�PI �111
1
2813786 Page 2 of 7 10/23/2023 03.48.51 PM
�� •••, • ��°�� G -CIT OF BOZEMAN
TIT C ,-rY MAMAGGIZ
ACCEPTED: -
-��f• CITY OF BOZEMAN
•..........•,�4� by its e i`ry &-LAMA6i452
Co. 0
ATTEST: A4v 6hor,-c-
Gie
C (-ry
STATE OF MONTANA )
):ss
County of Gallatin I� )
On this ` (� day of V 2P before me,a Notary Public for the State of Montana, �T C personally appeared JEFF MIHELICH and MIKE MAAS,known to me to be the City Manager andVIerirafthz
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 seal on t dayand year firs written abo e.
(SEAL)
Ytary public fort state of Montana
Residing at Bozeman,Montana
My Commission Expires: O(Q— -� : 5 ,-25
JULIE HUNTER
Notary Public i J
OR
07ARlq4'. for the State of Montana
e*: Residing at:
N�.SEAL.., Bozeman, Montana
>,9 el " My Commission Expires:
�Mo June 11, 2025
2
2813786 Page 3 of 7 10/23/2023 03.48.51 PM
r
FKM 92ruE2483
WATER AND SANITARY SEWER PIPELINE EASEMENT AND AGREEMENT
H.D.C., a partnership of 212 South Tracy Avenue, Bozeman,
Montana 59715, GRANTOR, in consideration of Ten Dollars ($10.00)
and other good and valuable consideration, receipt of which is
acknowledged, grants to the City of Bozeman, a municipal corporation
of the State of Montana, 411 East Main Street, Bozeman, MT 59771-0640,
GRANTEE, its successors and assigns, a perpetual easement to operate
and maintain water and sanitary sewer pipelines with the usual
services, valves, connections, accessories and appurtenances for the
purpose of transmitting water and sanitary sewerage in, through and
across a strip of land situated in Gallatin County, Montana, a
specified width on each side of the centerline to be located on the
following described real property:
Lot 1, Block 1, Westlake's Fourth Subdivision, to the
City of Bozeman, according to the official plat on
file at the office of the Gallatin County Clerk and
Recorder.
The centerline is more particularly described on the attached
Exhibit A, which by this reference is made a part hereof.
This grant includes the right of the GRANTEE, its successors,
permittees, licensees and assigns and its and their agents and
employees, to enter at all times upon the above-described land by
using existing roads or trails or otherwise by a route causing the
least damage and inconvenience to the GRANTOR in order to survey
and establish the route and location of the easement and the pipeline
and to:
(1) Operate, patrol, repair, substitute, remove, enlarge, replace
and maintain the pipeline, services, connections, accessories
and appurtenances;
(2) Trim, remove 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 operation and maintenance of the
pipeline; and
2813786 Page 4 of 7 10/23/2023 03.48.51 PM
-2-
ALL .9'Zi IA0E204
(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.
The GRANTEE agrees that:
(1) In connection with the operating, patrolling, repairing,
substituting, removing, enlarging, replacing and maintaining
of said water and sanitary sewer pipelines, it will repair or
replace, at its sole expense, or pay to GRANTOR 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) During operations involving excavation, it will remove the
top soil from the trenched area to a depth of one foot, or
to the full depth of the top soil, whichever is less, and
stock pile 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.
And, 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 construct and maintain said pipeline in such manner as will
not hinder or prevent the proper cultivation of the tract to
which this right of way is hereby granted.
The GRANTOR agrees that:
(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) The GRANTOR warrants that they are lawfully seized and
possessed of the real property described above; that they
2813786 Page 5 of 7 10/23/2023 03.48.51 PM
-3-
FILM 921AGEM5
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.
(3) The GRANTEE may peaceably hold and enjoy the rights and
privileges herein granted without any interruption by the
GRANTOR.
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 AV day of 1986.
H.D.C. D
By
artn�.( n
er
H.D.C.
B
Partner
State of Montana )
County of Gallatin: as
City of Bozeman )
On this .30 day of 1986,�b}fore me,a Notary Public
i and for s State, per. a y appeared 7/1!//N ri 4- A`Df�ei a .,A
, known to me to e t e persons
of—the pnktneronip�/�at executed the within instrument and acknowledged
to me that they executed the same for and on behalf of said partnership.
ZIi T1f..SS WHEREOF, I have hereunto set my hand and affixed
mrtait +�Seal on the day and year first above written.
II.� .v.
R-cfary Pu c t o State o
ntana. Residing at Bozeman,
Montana My Commission Expires:
CITY OF BOZEMAN
By
�> Itsi City Manager
_'M`�fir';'°^"�.�,�fi•-.-r
My P10'm�Y
47y :&T r
2813786 Page 6 of 7 10/23/2023 03.48.51 PM
-4-
FILM 921AGE2M
State of Montana )
County of Gallatin ss
City of Bozeman )
On this Sth day of Ma 1986, before me, a Notary
Public in and-or said State, persona ly appeared JAMES E. WYSOCKI
and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk
of the City Commission respectively, of the City of Bozeman, whose
names are subscribed to the within instrument and acknowledged to me
that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal on the day and year first above written.
Notary Public for t.a State o
Montana.
Residing at Bozeman, Montana.
My Commission Expires: 4-30-88
I
2813786 Page 7 of 7 10/23/2023 03.48.51 PM
EXHIBIT
"A" film 92PAcEM7
North-South Easement
Utilities easement across Lot 1 of Block 1, Westlake's Fourth
Subdivision to the City of Bozeman, located in the Southeast
One-Quarter of Section 1, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana and being further
described as follows:
Beginning at a centerline point of the easement, on the North line
of said Lot 1, said point being South 89-57-41 East, a distance
of 85.00 feet from the Northwest corner of said Lot 1. Thence
South 00-01-15 West, with the easement being 15 feet each side of
the centerline, a distance of 176.00 feet. Thence South 00-01-15
West with the easement being 20 feet on the East side of the center-
line, and 15 feet of the West side of the centerline, a distance
of 10.00 feet. Thence South 00-01-15 West, with the easement being
15 feet on each side of the centerline, a distance of 17.00 feet.
Thence South 12-27-58 East, with the easement being 15 feet each
side of the centerline, a distance of 185.00 feet. Thence South
12-30-28 West, with the easement being 15 feet each side of the
centerline, a distance of 138.00 feet. Thence South 12-30-28 West,
with the easement being 20 feet on the East side of the centerline
and 15 feet on the West side of the centerline, a distance of 10.00
feet. Thence South 12-30-28 West with the easement being 15 feet
each side of the centerline, a distance of 30.74 feet. Thence South
00-29-32 West, with the easement being 15 feet each side of the
centerline, a distance of 98.06 feet, to the end of the easement,
said end of the easement being North 89-30-28 West a distance of
209.00 feet from the Southeast corner of said Lot 1.
Northerly East-West Easement
An access and utilities easement across Lot 1 of Block 1, Westlake's
Fourth Subdivision to the City of Bozeman, located in the Southeast
One-Quarter of Section 1, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana, and being further
described as follows:
Beginning at a centerline point of the easement, on the east line
of said Lot 1, said point being South 00-02-21 East a distance of
87.00 feet from the Northeast corner of said Lot 1. Thence North
89-57-41 West, with the easement being 15 feet each side of the
centerline, a distance of 208.94 feet, to the end of said easement.
Southerly East-WestMasemett
An access and utilities easement across Lot 1 of Block 1, Westlake's
Fourth Subdivision to the City of Bozeman, located in the Southeast
One-Quarter of Section 1; Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana, and being further
described as follows:
Beginning at a centerline point of the easement, on the East line
of said Lot 1, said point being North 00-02-21 West a distance of
85.00 feet from the Southeast corner of said Lot 1. Thence North
89-30-28 West, with the easement being 15 feet each side of the
centerline, a distance of 119.27 feet. Thence North 77-29-32 West,
with the easement being 15 feet each side of the centerline, a
distance of 89.71 feet to the end of said easement.
9283(
156505
state of Monk,County of Gallatin.tie Filed for record- .Tune- 16 ��86
ar 4 J f 5 P M„and recorded In Book 92 of
MISCELLANEOUS 2483
W. T%W& ecorder. By wutY
�Rt: City of Bozeman /
$25.00