HomeMy WebLinkAbout06- Release and Reconveyance - School District
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,
City Clerk
P,O, Box 1230
Bozeman, MT 59771-1230
RELEASE AND RECONVEYANCE OF EASEMENT(S)
COMES NOW fue City of Bozeman, 411 E. Main, Bozeman, MT 59715, a Municipal
Corporation of the State of Montana b.e~inaftor ("OBANTOR"}tU1d does hereby release and
reconvey fue following described easement unto BOZEMAN ELEMENTARY DISTRICT #7
of Bozeman, Montana as follows:
A 30 foot wide Utility and Access easement located along the south boundary of Tract IA of
Certificate of Survey Number 2202A, located in Section 34, T1S, R5E, P.M.M., City of
Bozeman, Gallatin County, Montana, (See Attached Exhibit)
WITNESSETH
WHEREAS fue Grantor is the legal record title holder of this described 30 foot wide easement
situated across Tract 1A of Certificate of Survey Number 2202A, located in Section 34, TIS,
R5E, P,M.M" City of Bozeman, Gallatin County, Montana. (See Attached Exhibit)
WHEREAS the above 30 foot wide access and utility easement was granted May 01, ,
2002 and recorded on May 01,2002 at the Clerk and Recorder's Office of Gallatin County,
Montana.
WHEREAS construction has been completed wifuout having to occupy said easement
recorded on May 01,2002, and WHEREAS the potential re-alignment of Tract 1A of
Certificate of Survey Number 2202A, located in Section 34, TIS, RSE, P.M.M., City of
Bozeman, Gallatin County, Montana (See Attached Exhibit), can be appropriately considered
wifu future subdivision review of these properties, the vacation of all of the street and utility
easement(s) recorded on May 01, 2002 will not adversely impact fue Grantor's interests,
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Sh.ll.y Vance-Gallatin Co MT MISC 44.00
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WHEREFORE, the Grantor does hereby release and reconvey to BOZEMAN
ELEMENTARY DISTRICT #7, those portions of the easement located on fue above described
real property as set forth on Exhibit A attached hereto togefuer wifu any right, title, or interest
fuat fue Grantor may have in said easements as set forth on Exhibit A attached hereto and
incorporated herein by reference as though fully set forth and described as follows:
A 30 foot wide Utility and Access easement located along the south boundary of Tract IA of
Certificate of Survey Number 2202A, located in Section 34, TIS, R5E, P.M.M., City of
Bozeman, Gallatin County, Montana, (See Attached Exhibit)
This reconveyaneeshall DOt afftlCtthe~ of the e8$em.ents dated May 01, 2002 of
record in fue Clerk and Recorder's office of Gallatin County. Montana.
DATED this tfJ'<"" day of 6ep .\GM~ ,20 O~.
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GRANTOR - CI Y OF BOZEMAN
Title
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(SEAL)
County of Gallatin
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On this 2. '? day of ~ ~ p f-. It) " ~ r , 2011l' _ before me, a Notary Public for
the State of Montana, personally appeared CHRIS A. KUKULSKl known to me to be the City
Manager for the City of Bozeman and the person whose name is subscribed to fue wifuin
instrument. and acknowledged to me fuat he executed fue same for and on behalf of fue City of
Bozeman.
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IN WITNESS WHEREOF. I have hereunto set my hand and affixed my seal on fue day
and year first written above.
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ABANDONED UTILITY EASEMENT
6HOWN wITHlN TRACT lA OP CERTIFICA TB OF BURVRY No. 2Jl2A
LOCATED IN THE IlOlITlIWIlIlT Offil.-QUARTBR OP SECTION 34, TOWNlIHIP lllOUTH, RANGE! EAST. PRINCIPAL MHRIDIANMONTANA,
CITY OP BOZKMAN, GALLATIN COUNTY, MONTANA
OlmlalM)IiDlAJlfELDONT~HL'
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STREET AND UTILITY
EASEMENT AS PER
DOCU~ENT No. 2103143
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ORIGINAL DOCUMENTS
OF
EASEMENT RELEASES
BY
UTILITY COMPANIES
.~ J~
N: :rthWestem
Energy
Michael J. Cech, P,E,
Operations Superintendent
Telephone: (406) 582-4615
Cellular: (406) 581-2816
Fax: (406) 585-9634
michaeLcech@northwestern.com
Bozeman Division
121 East Griffin Drive
Bozeman, Montana 59715
Facsimile: 406-585-9634
www.northwestemenerav.com
May 19,2006
City of Bozeman
411 East Main
Bozeman, Montana
59715
RE: Release of Public Utility Easement, Tract lA, COS #2202A
To Whom It May Concern:
I have reviewed the attached Exhibit, showing the release of 30' wide Public
Utility and Access Easement which lies on the South Boundary of Tract lA,
recorder April 24, 2002 as Certificate of Survey #2202A. Northwestern
Energy has no utilities located within the easements to be released and
hereby agree to the release of said easements as shown.
Feel free to contact me at (406) 582-4615 if you have any further discussion.
Sincerely,
0#04/-/ PL
Michael J. Cech, P.E.
Superintendent of Operations
Bozeman Division
BRE9NAN
Communications
Bresnan Communications
511 West Mendenhall Drive
Bozeman, MT 59715
Tel: 800.823.6766
Fax: 406.586.6381
www.bresnan.com
May 25, 2006
Allied Engineering
32 Discovery Drive
Bozeman MT 59718
RE: Release Of Public Utility Easement
Bresnan Communications will release the 30' wide public utility and access easement, which lies
on the South Boundary of tract lA. Bresnan has no utilities located within the easement to be
released, If you need to contact me please call. 539-4243
Sincerely:
;::/:4/ ~
Todd Jensen, Construction Supervisor
your link to TOMORROW
.t 0-'
City of Bozeman
411 East Main
Bozeman, Mt. 59715
To: The City of Bozeman:
I have reviewed the attached Exhibit, showing the release of the 30' wide Public Utility
and Access Easement which lies on the South Boundary of Tract lA, recorded April
24th, 2002 as Certificate of Survey No, 2202A. We have no utilities located within the
easement to be released, and hereby agree to the release of said easement shown on said
Exhibit.
~ro~
(Si./turel -..
Jk(1,(JS I'? I ~<Ef(
(printed name)
frJ/lN~ bZ. (
(title)
STATE OF MONTANA )
) ss,
County of D~LL:.1Y~ II O"-l';~
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On this ...3..L day of M~ ' 2006, before me the undersigned, a
Notary Public for the State of Montan , personally appeared,
nOMQ s A. M ,"lie-V- , known to me to be fue
IYI tUn f1 aev- of _V i \I /J N e.. +l/IJtJr" /cSt! t1 C , and the person
whose name subscribed to the within instrument and acknowledged to me that he
executed the within instrument for and on behalf of
V~ v ,'d. A.l~+VV~t"Ic.s,11A ~ '
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written,
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( OF ItO'
Notary Public for the tate of Montana
Residing at /f,"l1 /~s.. M r
My Commission Expi : 'No v. / 8' j ~ 007
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City of Bozeman
411 East Main
Bozeman, Mt. 59715
To: The City of Bozeman:
I have reviewed the attached Exhibit, showing the release ofthe 30' wide Public Utility
and Access Easement which lies on the South Boundary of Tract lA, recorded April
24th, 2002 as Certificate of Survey No, 2202A. We have no utilities located within the
easement to be released, and hereby agree to the release of said easement shown on said
Exhibit.
Qwest Communic
(signat e
LEC6WIN ~ Qwm-
(printed name)
~r '^ \ D~'r--
J . vesf1Vt kl~ r
(title)
STATE OF MONTANA )
) ss.
County of Gallatin )
On this to ~ day of ] IM'\l , 2006, before me the undersigned, a
Notary Public for he SJate of Montana, personally appeared,
, known to me to be the
of V\I{~ and the person
whose ame i subscribed to the within instrument and acknowledged to me that he
executed~ifu~l! inst~ent for and on behalf of
~11n ~(\'\A ~ (;fW\) .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
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Notary Public for the State of Montana
Residing at ~ a..t\ mT
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. OWNERSHIP
DEED
TRACTIA
C.O.S. 2202A
"
A mcriClln l,.tand Tide': Compdny
\3IXl W"". Koch I P.O. lUJ.3')6
Bozeman, Mrn~~~~9?1.S I 59771-1)396
Order No. - 0 :;>lV\\ i\"
Return to
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Shell.... Vance-lIllI.Un Co lIT DEED 7."
WARRANTY DEED
MICHAEL D, COKand KATHLEEN R.COK, husband and wife, as joint tenants, 3300 Harper Puckett
Road. Bozeman, Montana 59718, herein referred to as Grantor, whether one or more, for valuable
consideration, does hereby grant unto BOZEMAN ELEMENTARY DISTRICT NO, 7, of 404 West Main Street.
Bozeman, Montana, 59715, herein referred to as Grantee, all right, tllleand Interest of Grantor In and to the
following described premises located in Gallatin County, Montana:
Tract 1 A of Certificate of Survey No. 2202A, located in Section 34, Township 1 South, Range
5 East, P .M.M., Gallatin County, Montana, according to the official pIal thereof on file and of
record in the office of the County Clerk and Recorder of Gallatin COlB'lty, Montana.
SUBJECT to easements, conditions, restrictions and rights of way shown or indicated in the
public records or plats filed and recorded in the office of the County Clerk and Recorder of
Gallatin County, Montana, or which may be ascertained from a visual inspection of the land,
including ditch and utility easements.
SUBJECT to prior mineral and patent reservations and exceptions, if any.
SUBJECT to taxes and other governmental charges and assessments accruing or imposed
after the date hereof.
SUBJECT to Baxter Meadows Annexation Agreement, dated October 19, 2001 and recorded
November 14,2001, as Document No. 2053095,
SUBJECT to reservation contained in Warranty Deed dated May 1. 2002 and recorded May
1,2002 at 3:38 P.M., as Document No. 2067677.
TOGETHER with all tenements, hereditaments and appurtenances thereto, including but not
limited to all appurtenant water rights Including all water rights described In water right
number 41 H 26896-00, and all reversions and remainders, and all rents, Issues and profits
thereof, and all right, title and interest of the Grantor therein,
TO HAVE AND TO HOLD all and singular the said premises together with tenements, hereditaments
and appurtenances unto the Grantee.
Grantor does hereby warrant and agree to defend ail right, title and interest in and to said property.
and the quiet and peaceful possession thereof, against aU acts of saki Grantor and any and all persons who
may lawfully claim the same.
IN WIT~~HEREOF, this
,1JL)'
L D. COK
trument is executed this dL day of March, 2006.
. ~~./-/-4'_ ~,..f~ ~Jf....;
KATHLEEN R. COK
STATE OF MONTANA )
: 55.
County of GaUatln )
On this '2. Z- day of March, 2006, before me, the undersigned a Notary Public for the State of Montana,
personally appeare<i'MiCHAEL D.COK and KATHLEEN R. COK, known to me to be the persons whose names are
subscribed to the above instrument and acknowledged to me that they exewted the same.
IN WITNESS WHEREOF, I have hereunto set rrrJ hand and affixed my Notarial Seal the day and year first
above written.
Notary Public for the
Residing at , ntana
My Commission Expires ---1---120_
(Notarial Seal)
7t,SU"'.~peggy J. Sundllng
~ ~ . . .'Y~" Notary Public
~01'^RI",(...'1.~for the State of Montana
'l;:.. __ ;w' ReSIding at:
\~.SEAL.:: LIVIngston, Montana
,.,~. " . .:{..,~ My eommlseion Explree:
;r..,;Jq,g~~~+: June 18,2007
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OWNERSHIP
DEED
TRACT A
PLAT J-353-C
. .
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Sh.Il.... Vano.-o.lIattn Co I'IT DEED 14.11I
American Land Title CotnpsDy
1800 West Koch I P,O. Box 396
Bozemao, MotlllDa 597l{f, 5'.T1714J396
OrderNo. -8~1 f\
WHEN RECORDED, RETURN TO:
BOZEMAN ELEMENTARY DISTRICT NO, 7
P,O, Box 520
Bozeman, MT 59771
WARRANTY DEED
KNOW ALL PERSONS BY THESE PRESENTS:
THAT for value received, BAXTER MEADOWS WEST, LLC whose mailing
address is 3985 Valley Commons Drive, Bozeman, MT 59718, as the Grantor,
does hereby grant, bargain, sell, convey and confirm unto BOZEMAN
ELEMENTARY DISTRICT NO, 7, whose mailing address is P.O, Box 520,
Bozeman, MT 59771, the Grantee, the following described premises in Gallatin
County, Montana, to-wit:
THE LEGAL DESCRIPTION OF THE REAL PROPERTY WHICH IS
THE SUBJECT OF THIS WARRANTY DEED IS ATTACHED
HERETO MARKED AS EXHIBIT "A" FOR IDENTIFICATION AND
BY THIS REFERENCE FULLY AND COMPLETELY
INCORPORATED HEREIN.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto
the said Grantee. And the Grantor does hereby covenant to and with the said .
Grantee that the Grantor is the owner in fee simple of said premises and that they
are free from all encumbrances excepting those listed on Exhibit "A" attached
hereto, and that the Grantor will warrant and defend the same from all lawful
claims whatsoever.
sd-
DATED this.2J day of March, 2006.
BAXTER MEA,WJ;, ~EST, LLC
~~,~Mf63of
PC DEVELOPMENT
STATE OF MONTANA )
: ss.
County of Gallatin )
Its: Managing Member
sr
On this ~ day of March. 2006, before me a Notary Public in and for the
State of Montana, personally appeared THOMAS L. CLINTON, known to me to be
the VP of PC Development, Managing Member of Baxter Meadows West, LLC
and subscribed to the within instrument and acknowledged to me that he
executed the same pursuant to the authority vest in him.
. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
. ,~~t~r~~~,.:eal the day and year above Writt~",
' .'. '- \'., /. U I ", l-u- -,---/~
." <;:....~....'.t.B~::-.~O.\ Notary PublicJor the State of Montana
'.! .... ~li:)~l:\g).\ \ Residing at t!tJC:~::2~ ' Montana
f ! '. / '.'} 1 MyCommissionexplres__ 3/,~7-
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EXHIBIT "A"
TO
WARRANTY DEED
GRANTOR:
BAXTER MEADOWS WEST, LLC
3985 Valley Commons Drive
Bozeman, MT 59718
GRANTEE:
BOZEMAN ELEMENTARY
SCHOOL DISTRICT NO.7
Bozeman, MT 59771
Leqal DesQriotion
Tract A of Amended Plat of Baxter Meadows Subdivision p,u.n., Phase 1, Tract IA (J-
353A), also including a portion of Tract 2A of Certificate of Survey No, 2202A, located
in the SWY4 of Section 34, Township I South, Range 5 East, P.M,M., Gallatin County,
Montana, Plat J-353-C.
TOGETHER WITH the tenements, hereditaments, and
appurtenances thereunto belonging or in anywise appertaining
thereunto,
SUBJECT TO any and all terms, easements, agreements, rights-ot-
way, waivers, matters, covenants, provisions, restrictions,
conditions, tlood plain designations, reservations ot record and
notations and dedications on the plat.
FURTHER SUBJECT TO the lien tor general real estate taxes and
assessments.
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OWNERSHIP
DEED
TRACTB
PLAT J-353-C
.'
111I111111111~1I1~&11111 ~1I11111111111\1111~ ~~~& 1~: ~A
Shelley Y.~lI.lIn Co PIT Dl!EC 14.11
AmerIcan ..and TItle Cootpllllf
1800 West Koch I V.o. Box 3!Hi
Doze_n, MMllt1.59715/59711-!l396
Order No. ~ ~'3(i:U'i
WHEN RECORDED, RETURN TO:
BOZEMAN ELEMENTARY DISTRICT NO, 7
P.Q, Box 520
Bozeman, MT 59771
WARRANTY DEED
KNOW ALL PERSONS BY THESE PRESENTS:
THAT for value received, BAXTER MEADOWS DEVELOPMENT whose
mailing address is 3985 Valley Commons Drive, Bozeman, MT 59718, as the
Grantor, does hereby grant, bargain, sell, convey and confirm unto BOZEMAN
ELEMENTARY DISTRICT NO.7, whose mailing address is P,O, Box 520,
Bozeman, MT 59771, the Grantee, the following described premises in Gallatin
County, Montana, to-wit:
THE LEGAL DESCRIPTION OF THE REAL PROPERTY WHICH IS
THE SUBJECT OF THIS WARRANTY DEED IS ATTACHED
HERETO MARKED AS EXHIBIT "A" FOR JDENTIFICA TION AND
BY THIS REFERENCE FULLY AND COMPLETELY
INCORPORATED HEREIN.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto
the said Grantee. And the Grantor does hereby covenant to and with the said
Grantee that the Grantor is the owner in fee simple of said premises and that they
are free from all encumbrances excepting those listed on Exhibit "A" attached
hereto, and that the Grantor will warrant and defend the same from all lawful
claims whatsoever.
DATED this ~ day of March, 2006.
::XDRmD
GERALD R. WI LIAMS
Its: ~v<..,;;,.\c\.~,,\ ~
STATE OF MONTANA )
: ss.
County of Gallatin )
On thi~c.. day of March, 2006, before me a Notary Public in and for the
State..e.f Montana, personally appeared GERALD R. WILLIAMS, known to me to
be th~ f.i~ of Baxter Meadows Development and subscribed
to the wlthm instrument and acknowledged to me that he executed the same
pursuant to the authority vest in him.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial seal the day and year abov 'en.
~ J.8L1~"'~ Peggy J. Sundllng
r~,'" "'~<' Notary Public
~~O'!lIlI.../t\ for the State of Monta".
, --:~ Residing at:
(S )ilE~:::T LMngston, Montana
".Ji6;'~'f"' My Comml881on Exp",,",:
,,*'II'"I~ June,18.2oo7
Notary Pu IC 0 ate of Montana
Residing at , Montana
My Commission expires
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&IIallav \I~G.lIatln Co PIT DEED 14.00
EXHIBIT "A"
TO
WARRANTY DEED
GRANTOR:
BAXTER MEADOWS DEVELOPMENT
3985 Valley Commons Drive
Bozeman, MT 59718
GRANTEE:
BOZEMAN ELEMENTARY
SCHOOL DISTRICT NO. 7
Bozeman, MT 59771
Legal Description
Tract B of Amended Plat of Baxter Meadows Subdivision P.U,D., Phase 1, Tract lA (1-
353A), also including a portion of Tract 2A of Certificate of Survey No, 2202A, located
in the SWV. of Section 34, Township 1 South, Range 5 East, P.M.M., Gallatin County,
Montana, Plat J-353-C.
appurtenances thereunto belonging or 'in anywise appertaining
thereunto,
SUBJECT TO any and all terms, easements, agreements, rights-of-
way, waivers, matters, covenants, provisions, restrictions,
conditions, flood plain designations, reservations of record and
notations and dedications on the plat.
FURTHER SUBJECT TO the lien for general real estate taxes and
assessments.
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