HomeMy WebLinkAbout040 EasementsGallatin Center Subdivision
Preliminary Plat
Application
40 - Easements
Several draft easements for the subdivision property are included in this section for review.
Below is a brief description of the proposed easements:
o Release and Reconveyance of 70’ Public Open Space/Linear Trail and Stream
Corridor Easement:
West Catron Creek runs along the western portion of the property, flowing from south to
north. The creek originally passed through the center of proposed Lot A, where the
existing easement is still located. However, the watercourse was realigned years ago to
follow the western boundary of proposed Lot A, but the easement was never updated to
reflect this change. As a result, the portion of the existing easement that no longer
corresponds with the stream’s actual location is proposed to be vacated, and a new
easement will be established in the correct alignment.
o 70’ Public Open Space/Linear Trail and Stream Corridor Easement:
This is the newly proposed easement, which accurately reflects the current alignment of
the watercourse through proposed Lot A.
o Vacation of 30’ Wide Water Line Easement:
This existing easement (Film 198 PG4021) no longer serves a functional purpose, as no
utilities are currently located within it, nor are any planned in the future. Therefore, a
vacation of this easement is proposed. Please see the draft document of the vacation of
this easement included in this section. The original easement document (Film 198
PG4021) which is proposed to be vacated is also included in this section for reference.
40 – Easements
Release and Reconveyance of 70’ Public Open
Space/Linear Trail and Stream Corridor Easement
1
Return to:
City of Bozeman
PO Box 1230
Bozeman MT 59771-1230
RELEASE AND RECONVEYANCE OF EASEMENTS
COMES NOW the City of Bozeman, 121 North Rouse Avenue, MT 59715, a Municipal
Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby partially release
and reconvey the following described easement unto Gallatin Center LP, a Montana Limited
Partnership, as follows:
W I T N E S S E T H
WHEREAS the Grantor is the legal record title holder of the 70’ Wide Public Open
Space/Linear Trail Corridor Easement across Lot 3 Minor Sub 210 Less Gallatin Center
Subdivision Phases 1-4, City of Bozeman, Gallatin County, Montana.
WHEREAS the above utility easement was granted by Gallatin Center LP by the
following instruments:
Lot 3 Minor Subdivision 210 situated in the NE ¼ and SE ¼ of Section 35 T1S, R5E P.M.M.,
recorded on July 10, 1997, at the Clerk and Recorder's Office of Gallatin County, MT.
WHEREAS no stream is located within the easement to be partially released, and the
vacation of the said easement to be released will not adversely impact the Grantor's or the Public
interests as a new Public Open Space/Linear Trail Corridor Easement will be granted to be
provided over the relocated portion of the stream corridor.
WHEREFORE, the Grantor does hereby partially release and reconvey to Gallatin Center
LP, a Montana Limited Partnership, those portions of the 70’ Wide Public Open Space/Linear Trail
Corridor 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 Easement 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 Minor
Subdivision Plat 210 in the Clerk and Recorder's office of Gallatin County, Montana.
2
DATED this ______ day of _____________________, 21___.
___________________________________
GRANTOR - CITY OF BOZEMAN
TITLE_____________________________
ACCEPTED:
CITY OF BOZEMAN
by its
ATTEST:
_______________________________
Clerk of the City Commission
STATE OF MONTANA )
):ss
County of Gallatin )
On this _____ day of _______________, 21 , before me, a Notary Public for the
State of Montana, personally appeared Chuck Winn and Mike Maas, known to me to be the Acting
City Manager and Clerk of the City Commission 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
written above.
(SEAL)
______________________________________
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires: _________________
MAX AVENUEKIMBERWICKE
STREET
70.0' WIDE PUBLIC OPEN
SPACE/LINEAR TRAIL & STREAM
CORRIDOR EASEMENT DRAWN
FROM MINOR SUB. 210
GALLATIN CENTER
SUBDIVISION
PHASE 5
PROPOSED LOT A
16.744 ACRES
(R3) 393.08'
(M) S89°39'45"W, 393.06'(R3) N00°05'43"W, 208.33'(M) S00°19'54"W, 940.48'(R2) 940.34'(R3) 178.08'
(M) S78°39'08"W, 178.08'
(R3) S89°41'12"E,
61.59'
Δ = 3°49'19"
R = 255.00'
L = 17.01'
CH = S80°33'48"W
17.01'(M) 740.96'(M) 199.52'Δ = 11°16'48"
R = 336.99'
L = 66.34'
CH = N84°01'20"E
66.24'
RAWHIDE RIDGE
CATTAIL ST
R
E
E
T
REFERENCE TAG "N85°E 4.5'NORTH 27TH AVE.(45' DEDICATED RIGHT-OF-WAY R.O.W.)Δ = 12°24'44"
R = 292.36'
L = 63.33'
CH = S83°27'19"E
63.21'
Δ = 11°41'35"
R = 305.00'
L = 62.24'
CH = S83°50'18"E
62.14'
S89°41'06"E, 149.40'
S89°40'11"E, 392.35'S00°14'19"W, 895.08'S89°39'45"W, 174.76'
M O N TANA
PROFESSI
O
NAL L A N D EYORJAKE K.
ZISKA
No. 18636LS
LICENS E D SURVSHEET
1 OF 1
K:\Bozeman\Gallatin Center LP\2024381 Gallatin Center\05CAD\Sheets\Release and Reconveyance\24381-EXHB_Release 70'.dwg 8.5X14 PORTRAIT 4/30/2025 10:30:38 AM
PREPARED FOR
PREPARED BY
PO BOX 906
BOZEMAN, MT 59771-0906
ENGINEERING
EXHIBIT A
GALLATIN COUNTY, MT
RELEASE OF EASEMENT GALLATIN CENTER LIMITED
PARTNERSHIP
DESIGNED BY:
DRAWN BY:
CHECKED BY:
DATE:
JRT
JRT
JKZ
4/30/25
0
SCALE: 1" = 150'
150'75'
895 TECHNOLOGY BLVD., SUITE 203
BOZEMAN, MT 59718
(406) 624-3910
www.wwcengineering.com
CERTIFICATE OF SURVEYOR
JAKE K. ZISKA, PLS DateEASEMENT TO BE RELEASED
LEGEND
DRA
F
T
EXHIBIT A
A TRACT OF LAND IN THE SE 1/4 OF SECTION 25,
TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M.,
GALLATIN COUNTY, MONTANA
NOTE: THIS EXHIBIT DOES
NOT CREATE AN EASEMENT
AND IS INTENDED TO BE
REFERENCED FOR
GRAPHICAL PURPOSES ONLY.
EASEMENT IS SHOWN
GRAPHICALLY PER MINOR
SUB. 210.
MEASURED DISTANCE
BOUNDARY
RECORD DISTANCE PER MINOR SUB. 210
(M)
(R)
ADJACENT BOUNDARY
FOUND 5/8" REBAR WITH A ORANGE PLASTIC CAP
(MERIDIAN 18342) OR AS NOTED
FOUND 5/8" REBAR
SET 5/8" REBAR WITH YELLOW PLASTIC CAP (ZISKA18636LS)
PROPOSED PROPERTY CORNER, NOTHING FOUND OR SET
FOUND 5/8" REBAR WITH 2" AL. CAP (ALLIED ENG. 13174 LS)
EXISTING EASEMENTS
40 – Easements
70’ Public Open Space/Linear Trail and Stream
Corridor Easement
Return to:
City of Bozeman
PO Box 1230
Bozeman MT 59771-1230
PUBLIC OPEN SPACE/LINEAR TRAIL & STREAM CORRIDOR
EASEMENT
Gallatin Center LP, GRANTOR, in consideration of $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 70’ Wide Public Open
Space/Linear Trail Corridor Easement for the use of the public, in, through, and across a strip of
land situated in Gallatin County, Montana, to be located on the following described real
property:
Lot 3 Minor Subdivision 210 situated in the NE ¼ and SE ¼ of Section 35 T1S,
R5E P.M.M., recorded on July 10, 1997, at the Clerk and Recorder's Office of
Gallatin County, MT.
The easement is more particularly described on the attached Exhibits A, which by this
reference is made a part hereof.
The GRANTOR states that he possesses the real property described above and that he 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 day of , 20 .
GRANTOR:
_____________________________
By:__________________________
Its: __________________________
STATE OF _____________ )
)ss.
County of ______________ )
On this day of , 20 , before me the undersigned, a Notary
Public for the State of Montana, personally appeared , known to
me to be of __________ and the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the within
instrument for and on behalf of .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
_______________________________________
(Printed Name)
(SEAL) Notary Public for the State of _______________
Residing at _____________________________
My Commission Expires ___________________
___________________________________
GRANTOR - CITY OF BOZEMAN
TITLE_____________________________
ACCEPTED:
CITY OF BOZEMAN
by its
ATTEST:
_______________________________
Clerk of the City Commission
STATE OF MONTANA )
):ss
County of Gallatin )
On this _____ day of _______________, 21 , before me, a Notary Public for
the State of Montana, personally appeared Chuck Winn and Mike Maas, known to me to be the
Acting City Manager and Clerk of the City Commission 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 written above.
(SEAL)
______________________________________
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires: _________________
Δ = 11°41'35"
R = 305.00'
L = 62.24'
CH = S83°50'18"E
62.14'
Δ = 12°24'44"
R = 292.36'
L = 63.33'
CH = S83°27'19"E
63.21'
174.76'
REFERENCE TAG "N85°E 4.5'L2L1L3L4N00°31'20"E, 797.32'N00°31'20"E, 849.97'458.19'
70.0' WIDE PUBLIC OPEN
SPACE/LINEAR TRAIL & STREAM
CORRIDOR EASEMENT
218.30'
Line Table
Line No.
L1
L2
L3
L4
Length
106.52
131.45
88.16
124.97
Bearing
N26°07'32"W
N29°10'56"W
N29°10'56"W
N26°07'32"W
(R3) 393.08'
(M) S89°39'45"W, 393.06'(R3) N00°05'43"W, 208.33'(M) S00°19'54"W, 940.48'(R2) 940.34'(R3) 178.08'
(M) S78°39'08"W, 178.08'
(R3) S89°41'12"E,
61.59'
Δ = 3°49'19"
R = 255.00'
L = 17.01'
CH = S80°33'48"W
17.01'(M) 740.96'(M) 199.52'S89°41'06"E, 149.40'
Δ = 11°16'48"
R = 336.99'
L = 66.34'
CH = N84°01'20"E
66.24'
Δ = 1°42'51"
R = 400.86'
L = 11.99'
CH = N78°28'25"W
11.99'
Δ = 10°13'11"
R = 305.00'
L = 54.40'
CH = N84°34'30"W
54.33'MAX AVENUEKIMBERWICKE
STREET
RAWHIDE RIDGENORTH 27TH AVE.(45' DEDICATED RIGHT-OF-WAY R.O.W.)CATTAIL STREET
M O N TANA
PROFESSI
O
NAL L A N D EYORJAKE K.
ZISKA
No. 18636LS
LICENS E D SURVSHEET
1 OF 1
K:\Bozeman\Gallatin Center LP\2024381 Gallatin Center\05CAD\Sheets\Release and Reconveyance\24381-EXHB_New 70'.dwg 8.5X14 PORTRAIT 6/4/2025 3:54:29 PM
PREPARED FOR
PREPARED BY
PO BOX 906
BOZEMAN, MT 59771-0906
ENGINEERING
EXHIBIT A
GALLATIN COUNTY, MT
70' WIDE PUBLIC OPEN SPACE/LINER TRAIL &
STREAM CORRIDOR EASEMENT GALLATIN CENTER LIMITED
PARTNERSHIP
DESIGNED BY:
DRAWN BY:
CHECKED BY:
DATE:
JRT
JRT
JKZ
6/4/25
0
SCALE: 1" = 150'
150'75'
CERTIFICATE OF SURVEYOR
JAKE K. ZISKA, PLS DateEASEMENT TO BE CREATED
LEGEND
DRA
F
T
EXHIBIT A
A TRACT OF LAND IN THE SE 1/4 OF SECTION 25,
TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M.,
GALLATIN COUNTY, MONTANA
MEASURED DISTANCE
BOUNDARY
RECORD DISTANCE PER MINOR SUB. 210
(M)
(R)
ADJACENT BOUNDARY
FOUND 5/8" REBAR WITH A ORANGE PLASTIC CAP
(MERIDIAN 18342) OR AS NOTED
FOUND 5/8" REBAR
SET 5/8" REBAR WITH YELLOW PLASTIC CAP (ZISKA18636LS)
PROPOSED PROPERTY CORNER, NOTHING FOUND OR SET
FOUND 5/8" REBAR WITH 2" AL. CAP (ALLIED ENG. 13174 LS)
EXISTING EASEMENTS
CALCULATED POSITION, NOTHING FOUND OR SET
EASEMENT AREA =
72906 SQ.FT, 1.674 ACRES
40 – Easements
Vacation of 30’ Wide Water Line Easement
1
Return to:
City of Bozeman
PO Box 1230
Bozeman MT 59771-1230
RELEASE AND RECONVEYANCE OF EASEMENTS
COMES NOW the City of Bozeman, 121 North Rouse Avenue, MT 59715, a Municipal
Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby release and
reconvey the following described easement unto Gallatin Center LP, a Montana Limited Partnership,
as follows:
W I T N E S S E T H
WHEREAS the Grantor is the legal record title holder of the Sewer and Water Pipeline
and Access Easement across Lot 3 Minor Sub 210 Less Gallatin Center Subdivision Phases 1-4
& Common Area Gallatin Center Subdivision Phases 4 as recorded on Plat J-423, City of
Bozeman, Gallatin County, Montana.
WHEREAS the above utility easement was granted by the following instrument:
Film 198 Pages 4021-4025 Lot 3 Minor Sub 210 situated in the NE ¼ and SE ¼ of Section
35 T1S, R5E P.M.M., Document No. 392036 recorded on May 28th, 1999 at the Clerk and
Recorder's Office of Gallatin County, MT.
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 as the easement is no longer required as adjacent right of way and public utilities have been
developed and platted to provide services to the area parcels.
WHEREFORE, the Grantor does hereby release and reconvey to Gallatin Center LP, a
Montana Limited Partnership, the utility easement located on the above described real properties as
set forth on Lot 3 Minor Sub 210 Less Gallatin Center Subdivision Phases 1-4 & Common Area
Gallatin Center Subdivision Phases 4 as recorded on Plat J-423, together with any right, title, or
interest that the Grantor may have in said utility easement and incorporated herein by reference.
This reconveyance shall not affect the remainder of those easements shown on said Minor
Subdivision 210 in the Clerk and Recorder's office of Gallatin County, Montana.
2
DATED this ______ day of _____________________, 21___.
___________________________________
GRANTOR - CITY OF BOZEMAN
TITLE_____________________________
ACCEPTED:
CITY OF BOZEMAN
by its
ATTEST:
_______________________________
Clerk of the City Commission
STATE OF MONTANA )
):ss
County of Gallatin )
On this _____ day of _______________, 21 , before me, a Notary Public for the
State of Montana, personally appeared Chuck Winn and Mike Maas, known to me to be the Acting
City Manager and Clerk of the City Commission 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
written above.
(SEAL)
______________________________________
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires: _________________
40 – Easements
Original 30’ Wide Water Line Easement
(Film 198 PG4021) To Be Vacated