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HomeMy WebLinkAbout24 - Easement Type Unknown - Northbloc, LLC - Tract 2-B,Tract 3-B,and Tract 4-B of COS 2153A Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 2831243 Page: 1 of 7 08/02/2024 12:15:37 PM Fee: $56.00 Eric Semerad - Gallatin County, MT MISC 1 111111111111 11 111111111111111111111111111111111111111111111111 I I I I I I 1 1111111111111111111 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 Northbloc,LLC(the property owner at the time of this recording),as follows: WITNESSETH - WHEREAS the Grantor is the legal record title holder of Utility Easement situated on Tract 2-B,Tract 3-B, and Tract 4-B of COS 2153A(recorded COS document# 2711979), City of Bozeman, Gallatin County, Montana. WHEREAS the above Utility Easement was granted by North Park Development Partners,LLC(the property owner at the time of granting)by the following instruments: Utility Easement(recorded document#2711979),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 Northbloc,LLC, those portions of the Utility 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 Utility Easement(recorded document number#2711979). 1 2831243 Page 2 of 7 08/02/2024 12.15.37 PM rJ DATED this day of ► t U lJ S� 0FLM---' � GRANT CITY OF BOZEMAN TLE14 '£+ b ACCEPTED: � ••��`�� '• � _�,� •'�,� ITY OF BOZEMAN y its ATTEST 3 C ZU�STATE OF MONTANA ) Cis UZ ):ss County of Gallatin Crr7CLO-V;KC On this day of A,, ,287 before me,a Notary Public for the State of Montana, personally appeared CHUCK WINN and M MAAS,known to me to be the Aet�ity Manager and r veer;w- m t for the City of Bozeman and the persons whose names are subscribed tot e wit instrument,and �1 acknowledged to me that they executed the same for and on behalf of the City of Bozeman. 1� In witness whereof, I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL) n I� ary public for the state of Montana "HUN JULIE HUNTER Residing at Bozeman,Montana ��� • ?`' Notary Public ommission Expires: �Q :'�pTARIg4i• for the State of Montana Residing at: N .SEAL. Q= Bozeman, Montana 9 My Commission Expires: .0F Mo '' June 11, 2025 2 2831243 Page 3 of 7 08/02/2024 12.15.37 PM ftfurn to: 84Y.of Bozeman PRI 010k' OOX 4 230 O'kWaL , MT 59771-1230 2711979 Era ®r SliinCotT ZC 00 d - Gaat County, M EXHIBIT ►►��►►����►���►Ii�►►► ►►►► ►»►►►pl►►►►►►► ►��►►►�►�►��i�►►�►��►�►�►��►►►►►��► A UTILITY EASEMENT NORTH PARK DEVELOPMENT PARTNERS,LLC, GRANTOR, in consideration of One Dollar($1.00) and for other and valuable considerations, receipt of which is 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, its successors and assigns, a perpetual utility easement for the use of each and every person, firm or corporation, whether public or private,providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service,the right to the joint use of an easement for the construction,maintenance,repair,and removal of their lines and other facilities, in, through, and across a strip of land situated in Gallatin County, Montana, ten(10) feet wide to be located on the following described real property: Tract 4-A of Certificate of Survey No. 2153, located in the Northeast One-Quarter and the Northwest One-Quarter of Section 36, 'Township 1 South,Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit"A"which by this reference is made a part hereof. The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that 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 shall extend to and be binding upon the heirs, executors,administrators, personal representatives, successors,and assigns of the parties hereto. DATED this 27 day of 5 � ,20 NORTH PARK DEVELOPMENT PARTNERS LLC By:Clay 7lah -sc`tU�� Its: �• STATE OF MONTANA ) )ss County of Gallatin On this 1 ay of ,20 /Q before me,the undersigned, a Notary Public for the State of Montana,personally appeared C/4s.fox Sgia.Iew known to me to be the 4".* LW j#kw&ie-/' of North Park Development Partners, LLC and the person whose name irub cs ribed 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 fast above written. (SEAL) a`,pdaruOrtrrrnyrr KEN OLSON os�q, N°wry Fubi►c otar Public for the State of Montana for the State of Montana Y * SEAL *= Residing at: Bazernan, Montana 1/� ��s0�,,� hirrirrlOFrrr'rjji5"'p`� MY COMmIsslon Ire MaY 07,2023 (Printed Name Residing at My Commission Expire/ ;Z _/� Zot,3 2 ACCEPTED: itor CITY OF BOZEMA tj By City ger ATTEST: * ' .;P' �'•'_- _Z M .., - Q City Clerk r ............. 4� o. 14o STATE OF MONTANA ) ) ss. County of Gallati/n-� ) On this '/ day of ,U-�ll Q /�. ,20!-U, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (S AL) ai ;y'�. HEATHER BIENVENUE' W Notary Pub!Ic TARIs'-4 4..c-for the State of Montai otar Public for the State of Montana i�E,s!rlingt: Y SE.0 Bozeman, Montana i My commi sicn Expires: January 26,�2022 _ 3 (Printed Name) Residing at Bozeman, Montana My Commission Expires: ,_/ /20 'I'1 y/V ra e 4 OT o '12/'1 U/LULU UC05:Ut5 f IVl ��31243 Pay 6 of 7 08/02/2024 12.15.37 PM EXHIBIT SHOWING A 90 FOOT WIDE PUBLIC ROAD AND UTILITY EASEMENT, SITUATED WITHIN TRACT 4-A OF CERTIFICATE OF SURVEY No.2153, LOCATED IN THE NORTHEAST ONE-QUARTER AND 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 ninety foot (90.00) wide Public Road and Utility Easement and a ten foot (10.00) wide utility easement, situated within Tract 4—A of Certificate of Survey No. 2153, located in the Northeast One—Quarter and the Northwest One—Quarter of Section 36, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana. Said Public Road and Utility Easement centerline being more particularly described as follows: Beginning at a point which bears North 88'08'35" West, a distance of 19.62 feet from the Center One—Quarter Corner of said Section 36; thence along a 300.00 foot radius non—tangent curve to the left through a central angle of 33'09'50" for an arc length of 173.65 feet, with a chord bearing of North 33'42'48" West a distance of 171.23 feet; thence North 50'20'11" West a distance of 249.98 feet, to a point being the center of a .100.00 foot radius cul—de—sac. Said Public Road and Utility Easement being 60,852 square feet. EXHIBIT A PROJECT SURVCMk KIT stwxr Clv/l Englnee>Ing DRAWN Or.KWO 1 of 2 1/4 Sec. T. R. PHOFkl406l682O771 Geot"br"11NFngI 1i'm n �p� FAX IS°gym Land Swwy/ng �nm f RENEHEO BY:KIT PROJECT No,th167 36 1S SE o,.,, �,��`� DAM 12/26/2MO —Surwy\Z—BNO.dnq 2331WV PAP �®FrX�a&/iaBl U �& k#�3�sFP�VVI i I I I I I SET YELLOW TRACT 4-A PLASTIC CAP AS 100' W.C. 10' WIDE PUBLIC UTILITY I f/' \ EASEMENT ACCESS EASEMENT \\ �— (60,852 sgft) / DETENTION 1pp I R 7CUL��— ADIUS POND C I / EASEMENT \ 30' WIDE \ \ \ DRAINAGE I+ EASEMENT 9,9 \ � I 9o, WIDE \ \ o- - - - - PUBLIC ROAD UTILITY EASEMENT \\Q \ ���. \\I I E GEEING I TOWER 10' WIDE EASEMENT PUBLIC UTILITY p EASEMENT \ ��;�'s,�• TOWER \ � ACCESS ACCESS VASEMEN� 36 / POINT OF C 1/4 COR BEGINNING SEC 36 N88'08'35"W 19.62' SET $'a" REBAR WITH YELLOW PLASTIC CAP ACCESS EASEMENT DETAIL SCALE 1 " = 80' BASIS OF BEARING,COORDINATES BEARINGS SHOWN ARE MONTANA STATE PLANE GRID. DISTANCES ARE GROUND DISTANCES IN INTERNATIONAL FEET. MONTANA COORDINATE SYSTEM NAD 83 HORIZONTAL DATUM: BOZEMAN CONTINUOUSLY OPERATING REFERENCE STATION En DESIGNATION DK7547 MTSU BOZEMAN CORS ARP MONTANA STATE PLANE NAD 83 (2011) (EPOCH: 2010.0000) NORTH LATITUDE 45'39'40.37689" WEST LONGITUDE 111'02'42.00898" UNITS: INTERNATIONAL FEET Convergence angle: —01'07'49" PRaEcr wrtvFYort: KIT jRROJECT EET co a2omve�rame Clvll En dtA'IN er.KYIO pineerhrp C � OF 2 louewi,rxrenu rEE� 1/4 Sac. T. R. F++ors(4al-i Geotschnk•f Engirneft FAX(409)/C�M Land SunvyfngA� REl'EM BY; KIT Ne.14-ill 351S 5E �.• DAM 12/26/2D1! u- •�l