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Home My WebLink About25 - Easement Type Unknown - Midtown 654 LLC - North Seventh Addition to Bozeman Subdivision, Lot 6A (2) 2844453 Return To: Page 1 of 8 02/11/2025 03:19.40 PM Fee $64 00 Eric Semerad - Gallatin County, MT MISC City Clerk PO Box 1230 Bozeman, MT 59715 RELEASE AND RECONVEYANCE OF EASEMENTS COMES NOW the CITY OF BOZEMAN, 121 North Rouse Avenue, Bozeman, MT 59715, a Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby release and reconvey the following described easements unto MIDTOWN 654 LLC, hereinafter(`GRANTEE") as follows: WITNESSETH WHEREAS the Grantor is the legal record title holder of the Public Access Easement for a sidewalk situated across a tract of land, said tract being Lot 6A in Block 1 of the Amended Plat of the North Seventh Addition to the City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. (Plat Reference: E-21-D), copies of which are attached hereto and are shown on the attached Exhibit"A", which by this reference are made a part hereof, WHEREAS the above Public Access Easement was granted and recorded on September 13, 2010 at the Gallatin County Clerk and Recorder's Office as Document No. 2369884, and is shown on the Amended Plat of the North Seventh Addition to the City of Bozeman (E-21-D). WHEREAS a new Public Access Easement of appropriate width for a new sidewalk is being granted in association with Application 924192 7th and Aspen Phl and Ph 2 SP. WHEREFORE, the Grantor does hereby release and reconvey to MIDTOWN 654 LLC the Public Access Easement located on the above-described real property as set forth on Exhibit A attached hereto together with any right, title, or interest that the Grantor may have in said 2844453 Page 2 of 8 02/1 1/2025 03.19.40 PM easements as set forth on Exhibit A attached hereto and incorporated herein by reference as though fully set forth. DATED this Jh day of �Ipnt�Y , 20� GRANTOR: CITY OF BOZEMAN, MONTANA ;%..�_ .o. .... . JA�XjVy) City Manager 6� 2_ 6-,�-ATTEST: [A City Clerk STATE OF MONTANA ) ss. County of Gallatin ) On this ' day of 2079, before me, the undersigned, a Notar Public for the State of Montana, personally appeared (J�/ti(�r�� 1 Pll� and I i uI Pua-s , known to me to be the ity Manager and City Clerk for the City of Bozeman, respectively, and the persons whose name are subscribed to the within instrument, and acknowledge to me Tat t ey executed the same for and on behalf of the City of Bozeman. k,n IN WITNESS WHEREOF, I have hereunto set my hand and affixed my (� Notarial Seal the day and year first above written. , Nota War lic for the State of Mo ana J�e Hulv"", IE HUNTER Printe: c A�� -� . F9% Notary Public Residing at: , / ew&a i— �,oTnRq�. :for the State of Montana My Commission Expires: /20 Rein">A SEAL.F Bozeman, Montana OFiMp My Commission Expires: June 11, 2025 2844453 Page 3 of 8 02/1 1/2025 03.19.40 PM Bozeman City Clerk EXHIBIT A P.O. Box 1230 Bozeman, MT 59771-1230 2369HR4 CharlottalM, 096a11a�t1"10 Coun6y56MTM Fee: $42.00 MISC 11111111 I1N1111I IH1!II II II 111111 IN 111111111 till 111111!1n 11111 it 1111111111111 PUBLIC ACCESS EASEMENT MMCR Holdings, LLC, GRANTOR(S), in consideration of one dollar($ 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 public access easement for a sidewalk for the use of the public in,through and across a 12 feet wide strip of land situated in Gallatin County, Montana, which is located on the following described property: Lot 6 and Lot 7 of Block 1 of North Seventh Addition 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. The easement is more particularly described on the attached Exhibit(s) which by this reference are made a part hereof. 'the GRANTOR(S) agrees: (1) To maintain the sidewalk at their own expense in accordance with relevant City Ordinances, including, but not limited to, snow removal and all major and minor repair work. (2) To allow the City to make any and all inspections of the sidewalk and land appurtenant thereto as the City reasonably deems necessary. 2844453 _Page 4 of 8 02/1 1/2025 03.19.40 PM 2369884 Page 2 of 6 09/13/2010 12:36:56 PM EXHIBIT A (3) The Grantor and the City of Bozeman acknowledge that any setbacks required along North 7`h Avenue will be measured from the actual property line and not from the edge of the public access easement established by this easement. The GRANTOR(S) warrant that they are lawfully 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. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. The terms, covenants and provisions of this easement shall extend to and be binding upon the heirs, executors, administTiors,personal representatives, successors and assigns of the parties hereto. DATED this 1 day of �� , 20 I GRAN R: . STATE OF MONTANA ) ss. County of Gallatin } On this_�_day of Rb'wai 20 �{%,before me the undersigned, a Notary Public for the State of Montana,personall appeared, i r '� , known to me to be the M I,t */ O of M and the person whose name is sub ibed to the within instrument and acknowr6d&ed to me that he executed the within instrument for and on behalf of fl(1M 1 1 "A s , l,L - i 2844453 Page 5 of 8 02/1 1/2025 03.19.40 PM 2369884 Page 3 of 6 09/13/2010 12:36:56 PM EXHIBIT A 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Erica A. Renslow °V* pNSf Notary Public for trio State of Montana (SE IsJ -- *; Residing at: O N.S)±,A[. �� Eozeman,Montana o My Commission Expires: ; July 31 Q918 Notary Public fo •the State of Montana 4 i 0 A VLn,,�1D (Printed Name Residing in M. YAr My Commission Expires / 25 /20 10 ACCEPTED: CIT F 807 N by �¢- p City Manager ,AA sV Y [ • y ayl- y' • . TIN C U •�1U�.•.. STATE Off' MONTANA ) ss. County of Gallatin ) On this c1 ` day of JZL?i e,� 20La, before me, a Notary Public for the State of Montana,personally appeared CHRIS A. KUKULSKI and STACY ULMEN,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. I I 2844453 _Page 6 of 8 02/1 1/2025 03.19.40 PM 2369884 Page 4 of 6 09/1 3/201 0 1 2:36:56 PM EXHIBIT A IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year first above written. (SEAL) Notary Pdblic for the State of Montana (Printed Name) ` P.• c. P Residing at Bozeman,Montana - �roTni, . My Commission Expires:^/ /20 VID" THI' •-. 1, r OF MONTANn 1 1.rl ...o:N" AT tic1:• r., ..:a. MO NTn r4A MV c:1'.'.:r I",-.ION EXI'IIt Ic:� U4 - 20C3 I l AIMEE KISSE➢.. NOTlii1V 1`IJk,ILIr- FOR -r AE; 5 TATF :)f- MONTL>,Nl� LiCSt U'fV c.� AT ROGEMhN. nnt�fVl'ANn 1V1Y C(�TVI N11�,tisUTi 6Xk'13i E.4 Nd AR KIv� F-� FOR THE y't-nTE OF MONTpNn RF=5101N nNTANA 00ZEMAN• M MV COMMISS1oN EXPIRES i 2844453 Page 7 of 8 02/1 1/2025 03.19.40 PM 2369884 Page 5 of 6 09/13/2010 12:36:56 PM EXHIBIT A EXHIBIT SIDEWALK EASEMENT BEING ON A PORTION OF LOT 6 AND LOT 7 OF BLOCK 1 OF NORTH SEVENTH ADDITION 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 I L01 S89'42'00"E 12.00' ° E I rA BASIS OF BEARING: Z m RECORD PLAT OF THE NORTH 7th ADDITION TO o ) o LOT 8 ° THE CITY OF DOZEMAN ai w o o w � x � U O WO J om O pp `00 Z w o Io LOT 7 A z IC:, POINT OF z >a BEGINNING N89'42'00"W i 12.00' 50 L0� 8 0 TS 30 45 S Y ROW SCALE: T INCH = 30 FEET I s s Om PROJECT SURVEYOR-RP ^/ I/�DR AMBYE K'NO {K Qg iK"mm""wo' R[ 1�a a Land Surv"41V NEMEO BY:RD PRQIECT No.w-Otd JERI5 2S SE DATE: 10/07/0$ EAXWENT OTd" 2844453 Page 8 of 8 02/1 1/2025 03.19.40 PM 2369884 Page 6 of 6 09/13/2010 12:36:56 PM EXHIBIT A LEGAL DESCRIPTION: A Sidewalk Easement, being on a portion of Lot 6 and Lot 7 of Block 1 of North Seventh Addition 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 more particularly described as follows: Beginning at a point being the Southwest Corner of said Lot 7; thence North 00'18'00" East, a distance of 120.00 feet; thence South 89'42'00" East, a distance of 12.00 feet; thence South 00'18'00" West, a distance of 120.00 feet; thence North 89'42'00" West, a distance of 12.00 feet to the point of beginning; j Said Easement being 0.03 acres, along with and subject to any existing easements. i 0 s 0 PROJECT SURVEYOR'APbaca4 yB}�I #2M%KRY D1ELe �a m / = DR—BY:KNCI j OFZ /4 sec. T. R. �n Sl�� I` RENE.M BY: FP PRP ECT Na 09-016 ® )n71 1 2$ 5E oATE:io/oT/oo EASEMENT M d.g