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HomeMy WebLinkAbout24 - Easement Type Unknown - Bozeman Trax Partners, LLC and Northbloc, LLC - Tract1-B, Tract 2-B, and Tract 3-B of COS 2153A Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 2831241 Page: 1 of 7 08/02/2024 12:15:37 PM Fee: $56.00 Eric Semerad - Gallatin County, MT MISC 1111111111111111111111111111111111 IN 1111111111111111111111111111111111111111111111111111 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 Bozeman Trax Partners,LLC(the property owner of Tract 1-B at the time of this recording) and Northbloc,LLC(the property owner of Tract 2-B and Tract 3-B at the time of this recording),as follows: WITNESSETH WHEREAS the Grantor is the legal record title holder of Trail Corridor Easement situated on Tract 1- B, Tract 2-B, and Tract 3-B of COS 2153A (recorded COS document # 2719625), City of Bozeman, Gallatin County,Montana. WHEREAS the above Trail Corridor Easement was granted by North Park Development Partners,LLC (the property owner at the time of granting)by the following instruments: Trail Corridor Easement (recorded document#2711978), recorded on December 10, 2020 at the Clerk and Recorder's Office of Gallatin County,Montana. WHEREFORE,the Grantor does hereby release and reconvey to Bozeman Trax Partners,LLC(the property owner of Tract 1-B at the time of this recording)and Northbloc,LLC(the property owner of Tract 2-B and Tract 3-B at the time of this recording),those portions of the Trail Corridor Easement located on the above described real property as set forth on the Exhibit A 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 COS 2153A or recorded Trail Corridor Easement(recorded document number#2711978). 1 2831241 Page 2 of 7 08/02/2024 12.15.37 PM DATED this tx day of A T ,204 GRANTOR--CITY OF BOZEMAN � - TLE ACCEPTED: ..� 4 CITY OF BOZEMAN y its ATTEST: ��` ® -� .F C.'zy C<.r--7K co Vic es, t)2Z STATE OF MONTANA ) ):ss County of Gallatin On thi2o day of ,2p2,before me,a Notary Public for the State of Montana, C,,ty Cc.9kK personally appeared CHUCK WINK and MAAS,known to me to be the AktirqCity Manager and � � for the City of Bozeman and the persons whose names are subscribed to the within instrument,an rvx acknowledged to me that they executed the same for and on behalf of the City of Bozeman. -D�44 In witness whereof, I have hereunto set my hand and affixed my seal on the day and year first written -, ` � above. (SEAL) ,J��E HUNrFp` JULI ER otary public for the state of Montana ery Public OoTnRiq4, _for the State of Montana Residing at Bozemanr Montana —'— *= Residing at: My Commission Expires: SEAC Bozeman, Montana 9�•. P M p�.•Mp�; y Commission Expires: June 11, 2025 2 2831241 Page 3 of 7 08/02/2024 12.15.37 PM Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 2711978 Page: 1 of 5 12/10/2020 02;55;08 PM Fee! $35.00 Erio Semerad - Gallatin C our t Y, MT MISC EXHIBIT ��������I►►III�������»�����I��III���t►►����������������� A TRAIL CORRIDOR EASEMENT NORTH PARK DEVELOPMENT PARTNERS,LLC, GRANTOR, in consideration of one dollar($1.00) and for other and valuable consideration, receipt of which is hereby acknowledged, grants to the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, a perpetual trail corridor access easement for the use of the public in, through and across a twenty-five (25) feet wide strip of land situated in Gallatin County, Montana,which is located on the following described property: Tract 3-A and Tract 4-A of Certificate of Survey No. 2153, located in the Northwest One-Quarter of Section 36, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana. The centerline of the easement is more particularly described as follows: (see attached Exhibit A). The GRANTOR warrants that he is lawfully seized and possessed of the real property described above, that he has and that he will forever defend the title of this property against the claims of all persons. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. 1 28311?418 FFaX4�o I7�08r62R5i0122��30 PM The terms, covenants and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this 2--� day of��o GRANTOR: NORTH PARK DEVELOPMENT PARTNERS, LLC By: Its: � STATE OF MONTANA ) ):ss County of Gallatin ) On this Z 71 day of� �w�r, 20 /g, before me the under igned, a Notary Public in and for the State of Montana,personally appeared 6;4 r i.e Se,44*r f , known to me to be theaw(J`Ir♦��r of North Park Development Partners, LLC and the person hn wW asepname is subscribed to the within instrument, and acknowledged to me that he/she executed the within instrument for and on behalf of North Park Development Partners, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. KEN OLSAN *aa,+p,u� $�44�ui, 17iy oy Notary Fub1ic (SE L) ";tor the State of Montana :-�Q LAglgt *4 Residing at: =*' _ Bozeman,Montana o tTfi'tA�� •� Q rye�! ,9.5EAx•P My Commfsslon Expires: Notary Public for the State of Montana„ �ti!�`, May 07,2023 Residing at 5&Zr/►st`f. Alit 44�► '► My Commission expires .r 20L'9 ACCEPTED: City of Bozeman By City Manager 2 2MZM8 R2?4�f759$JV PO-00102fMPKA ACCEPTED: CITY F BOZEMAN y y �i`• .. • ,�w By y r ATTEST: City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this day of h-"�/ , 20,Z, before me, a Notary Public for the State of Montana,personally appeared JEFF MIHELICH and MIKE MAAS,known to me to be the City Manager and City Clerk 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (SEAL) Fk�,,IOTAR 11111 y, allotar Public for the State of Montanafor the srae Public y 7'. Nora - of Montana M;i Reshiing at: Bozernan,� Montana (Printed Name) ,•'' My Commission Expires. Residing at Bozeman, Montana January 2s,2022 My Commission Expires: _/ /20 2M7 W8 PPa5Qt' fl ?6MY9Rq R:.§53 )W EXHIBIT SHOWING A 25 FOOT WIDE TRAIL EASEMENT, SITUATED WITHIN TRACT 3-A AND TRACT 4-A OF CERTIFICATE OF SURVEY No.2153, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY,MONTANA LEGAL DESCRIPTION The following is a description of the centerline of a twenty—five foot (25.00) wide Trail Easement, situated within Tract 3—A and Tract 4—A of Certificate of Survey No. 2153, located in the Northwest One—Quarter of Section 36, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana. Said Trail Easement centerline being more particularly described as follows; Beginning at a point which bears South 88'08'35" East, a distance of 32.76 feet from the southwest corner of said Tract 4--A; thence North 17'32'13" East, a distance of 124.51 feet; thence along a 82.04 foot radius curve to the left, through a central angle of 33'40'15" for an arc length of 48.21 feet; thence North 16'08'03" West, a distance of 101.42 feet; thence along a 82.04 foot radius curve to the right, through a central angle of 60'16'53" for an arc length of 86.32 feet; thence North 44'08'51" East, a distance of 120.00 feet; thence along a 82.04 foot radius curve to the left, through a central angle of 42'27'21" for an arc length of 60.79 feet; thence North 01'41'29" East, a distance of 351.95 feet thence along a 82.04 foot radius curve to the left, through a central angle of 16'42'24" for an arc length of 23.92 feet; thence North 15'00'55" West, a distance of 435.44 feet thence along a 82,04 foot radius curve to the right, through a central angle of 35'39'31" for an arc length of 51.06 feet; thence North 20'38'37" East a distance of 105.76 feet to a point on the northerly line of said Tract 2-13, said point bears South 52'17'59" East a distance of 241.62 feet from the northwest corner of said Tract 3—A. Said Trail Easement being 37,735 square feet. EXHIBIT A PRMCT SURVEYOR.KIT ySHEET uascwmr awe CW!!Engfnaanng 1 OF 2 eo2>ww,MT697/E ri DRAVIN BY:KYA 1/4 Sao, T. R. PHONE(4as)EIaa121 GoolochnlcalEnglmadng fAX(408)68287TD Land Sarvaying S RENEWED BY KIT PROXCT Na 14-147 ® vwwiNtle�n.xhq.vom " 35 15 SE .,,,, wN„"� DAM 12/20/201E —SwwY\2-0dD.dnp 2MIWB ZGdf;50f'M 0102j65398F�AM NW COR TRACT 3-A S. 2A�6 S9� 2 TRACT 2-A N20'38'37"E 105.76' O ¢/ �id411 �{ r I 7� R=82.04' L=51.06' '0 A=35'39'31" `Gy � 1 11� BASIS OF BEARING,COORDINATES \ BEARINGS SHOWN ARE MONTANA STATE PLANE GRID. DISTANCES ARE GROUND DISTANCES IN INTERNATIONAL FEET. 10 MONTANA COORDINATE SYSTEM NAD 83 U1 HORIZONTAL DATUM: BOZEMAN CONTINUOUSLY OPERATING REFERENCE STATION \ PID DESIGNATION 1 DK7547 MTSU BOZEMAN CORS ARP MONTANA STATE PLANE NAD 83 (2011) 1\1 (EPOCH: 2010.00DO) NORTH LATITUDE 45'39'40.37689' WEST LONGITUDE 111'02'42.00898' 1 UNITS: INTERNATIONAL FEET l Convergence angle: —01'07'49' ` R=82.04' L=23.92' A=16'42'24" I I TRACT 3-A TRAIL w I EASEMENT o, (37,735 sqft) N 1n d' SET " REBAR WITH o U) YELLOW PLASTIC CAP I I I I I I I R=82.04' L=60.79' A=42'27'21" �N44'08'51"E R=82.04' 120.00' L=86.32' A=60'16'53" I L� ` N 16'O8'03"W 101.42' \ \ TRACT 4-A TR SG 1123 4 I R=82.04' '0 N17'32'13"E ¢ L=48.21' 124.51' A=33'40'15" SW COR POINT Or — TRACT 4-A BEGINNING OF S88'08'35"E SM00 TANA 32.76' TRAIL EASEMENT SCALE 1 " = 15 0' E]DATE., PROACT SURFEYM Kn :iIJEET 32 BQZE weavDar+e CIvN En Inaerin 2OFZ BDZRWI.YT lT1e D !? DRAWN BY: KMO1/4Sac. T. R. E140°i0n1 GeotachnlcalErtpJrtaadnDFAK(�E) Land Surv"Ing REVEWED BY.' KIT PRQ[CT Nm 14-167 361$ 12/26/2ne —Surn7\z-BM).O.y