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Home My WebLink About24 - Easement Type Unknown - DK Martinen, LLC. - Westlake's Fourth Subdivision, Block 1 Lot 2 Return to: 2840028 City of gone Page: 1 of 7 11/25/2024 03:45:25 PM Fee: $56.00 Bozeman Eric Semerad - Gallatin County, MT MISc City Clerk ��1111111 111111 IN1111 11111 11111 11111 1111111 111 11111 11111 IT1111 PO 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 Storm Drain Easement situated across Lot 2,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 Storm Drain Easement was granted by DK Martinen,LLC.by the following instruments: Storm Drain Easement filed for record September 6, 2017 and recorded under number 2591991 at the Clerk and Recorder's Office of Gallatin County,Montana. WHEREAS no public utilities are located within the easement to be released and the vacation of the said easement 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 Storm Drain 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 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: 41 20 DATED this Iq day of I�oV2m1pRJ 29.2< 1 2840028 Page 2 of 7 11/25/2024 03.45.25 PM DATED this q day of NOW'1'Lkr -V I OaY. „G y O -CITY OF BOZEMAN ACCEPTED: . CITY OF BOZEMAN by itsor \ - ° J ATTEST:MM�� ' m��°•° � � y rZ 1' Z"I omm CI.Ty CI,ERk ` STATE OF MONTANA ) �2 f 202-q ):ss County of Gallatin ) On this 2l day of N AWJ W,2LAefore me,a Notary Public for the State of Montana, personally appeared CHUCK WINN and MIKE MAAS,known to me to be the City Manager and Cierk-o thr C1'ty CI,FRk or 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 o tla day a d y ar first ritten above. (SEAL) JULIE HUNTER otary public for the state of Montana 1 Notary Public Residing at Bozeman,Montana ;'NOTAa�q�. !for the State of MontanaResiding at: ommission Expires:( IA-2 62 S ;vj;.SEAL Bozeman, Montana My Commission Expires: " •,. June 11, 2025 2 2840028 Page 3 of 7 11/25/2024 03.45.25 PM 2591991 Return to: Chariotto."411s 09106120i7 02:13:25MPM Fee $35]00 msc DOWL IIlIIIIIIIIIIIIlIlllllllllllllllllllllllllllllllllllillllllllllllllllllIIIIIIN11111111 2090 Stadium Drive Bozeman, MT 59715 PROJECT NAME BMXPARK STORM CITY OF BOZEMAN IMPROVEMENTS ��~ 9 Engineering Division Public Works Department PRDJEGT# 45351 L402:1 '�;__ - �`�t✓ PARCEL# 2 ..c° STORM DRAIN EASEMENT THE GRANTORS, GEORGE E. WESTLAKE, whose address Is 15008 S.E. Graham Road, Vancouver, WA 98683, and D.K. MARTINEN, LLC,a Washington Limited Liability Corporation,whose address is 401 Sunnyslbpe Road, Yakima, WA 98908, as tenants in common, for and in consideration of Ten and No/100- Dollars,and other valuable consideration, in hand paid, conveys and warrants to the.GRANTEE, The CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual storm drain easement to lay, construct and maintain public storm drainage distribution facilities with the usual appurtenances in, over, under, along,through, and across the following-described real property located in Gallatin County, Montana: Lot Two (2) of Block One (1) of Westlake's Fourth Subdivision to the City of Bozeman, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana; (deed reference:2537358). Said storm drain easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northwest comer of Lot 2 of Block 1, and the Northwest comer of the easement herein described, said point of beginning; Thence, from said point of beginning, N 89° 54' 32" E, 30.00 feet along the North line of Lot 2;Thence, S 00°00' 10"W,99.36 feet;Thence,S 26'35' 31 E, 143.74 feet to the South line of Lot 2;Thence, S 890 54' 32"W. 33.52 feet along the South line of Lot 2; Thence, N 26' 35' 31"W, 135.87 feet to the West line of Lot 2; Thence, N 00' 00' 10" E, 106.40 feet along the West line of Lot 2 to the North line of Lot 2 and the point of beginning, and containing 7,281 sgft.,more or less as shown on Exhibit A. All improvements are the property of the CITY OF BOZEMAN, removable at its option. The failure of the GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. The above-named GRANTOR hereby covenants with the CITY OF BOZEMAN that said GRANTOR has good title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall,have quiet and peaceable possession thereof; and shall have a free and unrestricted right to access and maintain said improvements for the purpose of constructing and/or improving storm drainage distribution facilities as necessary. CITY OF BOZEMAN PROJECT NAME:BMX PARK STORM IMPROVEMENTS Parcel 2 PROJECT*4535.11402.12 Page 1 of 5 2840028 Page 4 of 7 11/25/2024 03.45.25 PM 2591991 Page 2 of 5 09/06/201 7 02:13:25 PM Upon completion of said project for which access is hereby provided,the CITY OF BOZEMAN shall restore the property as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to hold GRANTOR harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. GEORGE E.WESTLAKE D.K.MARTINEN,LLC,A WASHINGTON LIMITED LIABILITY CORPORATION George E_Westlake Kay H.Marti''n n D.K.Martinen, LLC_,its Manager ACKNOWLEDGMENT OF GRANTORS STATE OFWQ� )SS County of d / - ) On this 10day of bA , 241j-before me,the undersigned, a Notary Public in and for the said State; personally app6hred the Grantor, George E.Westlake, known to me to be the identical individual who executed the foregoing instrument,who acknowledged to me that the individual executed the same as the free and voluntary act of said grantor,with full authority to do so and with full knowledge of its contents,for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Public Ndfary Pubic in and for the State pf k State of Washington My Commission Expires: /0103 ANGELA N PITSUL My Appointment Expires Oct 3.2017 CITY OF BOZEMAN PROJECT NAME:BMX PARK STORM IMPROVEMENTS Parcel 2 PROJECTN:4535.11402.12 Page 2 of 5 2840028 Page 5 of 7 11/25/2024 03.45.25 PM 2591991 Page 3 of 5 09/06/201 7 02:13:25 PM STATE OF ril County of�� ) On this V�day of 20L7_, before me,the undersigned,a Notary Public in and for the said State,personally appe d the Grantor, Kay H.Martinen,Manager of D.K.MARTINEN, LLC,A WASHINGTON LIMITED LIABILITY CORPORATION, known to me to be the identical individual who executed the foregoing instrument,who acknowledged to me that the individual executed the same as the free and voluntary act of said grantor,with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Public Notary Public in and for the St&e of �h State of Washington My Commission Expires: MANDI SOPTICH My Appointment Expires Jan 9,2018 CITY OF BOZEMAN PROJECT NAME:BMX PARK STORM IMPROVEMENTS Parcel 2 PROJECT#:4535.11402.12 Page 3 of 5 2840028 Page 6 of 7 11/25/2024 03.45.25 PM 2591991 Page 4 of 5 09/06/201 7 02:13:25 PM CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN,a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN By:bennis Taylor Interim City Manager 0 Sa r ,E ATTEST: �'• •F.,�• ,�X /.�i r • ,ram.a Lam•( - -„a . By: Robin Crough ; ;, : = •z ; City Clerk LA Trty CO STATE OF MONTANA ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this .:r60-day of cAs� 20,7by Dennis Taylor and Robin Crough, known to me to be the Interim City Manager a d City ty Clerk for the City of Bozeman and the persons whose names are subscribed to this 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 official seal this day and year above written. '4$''pA SWF y BRENDA SWEENEY Notary Pubile - ' — rmQ�oz�a��i for the State of Montana Notary Public in and for e e of ontana Residingat: My Commission Expires: a*' SF.Ai. '; Bozeman, ontana ;' My commtc9lor►Expires: December 02 2018 CITY OF BOZEMAN PROJECT NAME:BMX PARK STORM IMPROVEMENTS Parcel 2 PROJECTS 4535.11402.12 Page 4 of 5 2840028 Page 7 of 7 11/25/2024 03.45.25 PM 2591991 Page 5 of 5 09/06/201 7 02:13:25 PM Current Owner: George E.Westlake and L1 N 89"54'32'E,30.00 FEET D.K.Martinen,LLC. L2 S 00°00'10"W,99.36 FEET L3 S 26"35'31"E,143.74 FEET L4 S 89°54'32"W,33.52 FEET LOT 2 OF BLOCK 1 OF L5 N 26"35'31"W,135.87 FEET WESTLAKE'S FOURTH L6 N 00'00'10"E,106.40 FEET SUBDIVISION SEC.1,T2S,R5E EXISTING POB PROPERTY LINE(TYP) L1 \\NEWSTORM \�\\\ Lu PARCEL2 \\\\\\\\\�\\\\\\\\\\\\\\ D EASEMENT \\\\\\\\\\\\EXISTING10-FT \ALLEYWAY \\\\ \(PLATF-25) \;\\\� O s t— �w 10FT �z ALLEYWAY C (20FM393) R/W Legend ® Existing Road Right-of-Way so o w ,00 New Storm Drain Easement WmE IN nzr Area Remaining V Lot Two (2)of Block One (1) of Westlake's Fourth Subdivision to the City of Bozeman, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder,Gallatin County,Montana;(deed reference:2537358). Said storm drain easement is more particularly described as: Beginning at the Northwest comer of Lot 2 of Block 1, and the Northwest corner of the easement herein described, said point of beginning; Thence, from said point of beginning, N 89' 54' 32" E, 30.00 feet along the North line of Lot 2;Thence, S 00"00'10"W.99.36 feet;Thence, S 26'35'31" E,143.74 feet to the South line of Lot 2;Thence, S 89'54'32"W,33.52 feet along the South line of Lot 2;Thence, N 26' 36 31' W, 135.87 feet to the West line of Lot 2;Thence, N 00' 00' 10" E, 106.40 feet along the West line of Lot 2 to the North line of Lot 2 and the point of beginning, and containing 7,281 sgft_,more or less. Right of Way Required forlhe one cr. Ssas�+laz.z BMX Park storm Improvements Project D D W L City of Bozeman,Montana EXHIBIT A PARCEL 2 Page 5 of 5