HomeMy WebLinkAbout06- Cascade Development Sanitary Sewer Easement
~$:f~i~,
!,
(,,~.,..y c. v~1{ ~
ftJ AtJ;c II..'~
" % E' p.,AIV, J'.1'- r,77/-IZ:JIJ
RELEASE AND RECONVEYANCE OF SANITARY SEWER EASEMENT
COMES NOW the City of Bozeman, 411 E. Main, Bozeman, MT 59715, a Municipal
Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby release and
reconvey the following described easement unto Cascade Development Inc, Bozeman, Montana
as follows:
A portion of a 30 foot wide sanitary sewer easement as recorded at the Clerk and
Recorders Office Gallatin County. Montana. Film 58 Page 331. between the south right-
of-way line of Tschache Lane and the north right-of-way line of Trade Wind Lane across
Lots 1 - 9. Block 1. West Winds Major Subdivision Phase 2A & 2B.
WITNESSETH
WHEREAS the Grantor is the legal record title holder of a Sanitary Sewer easement
situated across West Winds Major Subdivision Phase 2A & 2B, City of Bozeman, Gallatin
County, Montana.
WHEREAS the above Sanitary Sewer easement was granted August 13, 1980 and
recorded on September, 4, 1980 at the Clerk and Recorder's Office of Gallatin County, Montana.
WHEREAS the construction of a trunk sewer main has been completed to reroute the
sewer main to lie entirely within Tschache Lane, Santa Anna Court and Trade Wind Lane Right-
of-Way adjacent to Lots 1 - 9, Block 1, West Winds Major Subdivision Phase 2A & 2B, and
WHEREAS the re-alignment of the trunk sewer main was appropriately considered with
Jw~
111111111111111111111111111111111111111111111111111111I ~J~r:~~p
~helley Vance-Gallatin Co MT MISC 44 00
0-
N ~
t") q G
It) _ to
O)og
q-N~
NlU~
01-
NIll~
O-~
-19
-19
-q
=q
!!!!!!!!!
iiiiiiiii
-
-u
I/)
iiiiiiiii E
!!!!!!!!!
-I-
_Ii:
iiiiiiiii 0
=u
iiiiiiiii c:
=::
_Ill
--
iiiiiiiii -
_Ill
-e>
-I
=lU
_0
=c:
_Ill
->
iiiiiiiii >-
-lU
=-
iiiiiiiii a;
!!!!!!!!! .r::.
-I/)
"'~;[;'llI!O'
.-'tI~4''''-~''~
the West Winds Major Subdivision Phase 2A & 2B subdivision review of these properties, the
vacation of a portion of the sanitary sewer easement recorded on September 4, 1980 will not
adversely impact the Grantor's interests.
WHEREFORE, the Grantor does hereby release and reconvey to Cascade Development
Inc. those portions of the 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 easement as set forth on Exhibit A attached hereto and incorporated herein by reference as
though fully set forth and described as follows: A portion of a 30 wide foot sanitary sewer
easement as recorded at the Clerk and Recorders Office Gallatin County. Montana. Film 58 Page
331. between the south right-of-way line ofTschache Lane and the north right-of-way line of
Trade Wind Lane across Lots 1 - 9. Block 1. West Winds Maior Subdivision Phase 2A & 2B.
This reconveyance shall not affect the remainder of that easement dated September 4,
1980 of record in the Clerk and Recorder's office of Gallatin County, Montana.
DATED this '2 ( day of ~~ ~ ,2006.
~A,~
GRANTOR - CITY OF BOZEMAN
STATE OF MONTANA )
)ss.
County of Gallatin )
On this Z, ( day off'/ dl/~;1iJ j/) yfl' ,2006, before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and BRIT FONTENOT, known
to me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the
day and year first above written.
~\\\\\"IIII I11111/:
#~~~ JOHN ;:'/~
~ ~- .... ,~~
~,L" " . .,r.;~~
~~. . ~
~O'):~OTAA/~ '. %
:: * . ----- (.. ::
- . S .-
- -
::; . . ...
o:::;U)... );tAT .*~
'i".~. ~
~ "VA.. . ~'" ~
~ ~~' . . . . . " so ~
~ Q~MO;'~~~
"'1: r .t" ~\~
W'IIIIIIIIl\\\\\'\
/~~
Notary Public for the State of Montana (
~ 'hJrtY'T- J () h/J. $r;,,1c{vC
(Printed Name)
Residing at fJ CJ '2- t' vI1 t1;1 I .;t1"-
My Commission Expires ~ "/ /20.1.{2
(SEAL)
1111111111111111111111111111111111111111111111111111111 ~~~J~r:~~p
Shelley Vance-Gallatin Co MT MISC 44 00
N 0-
LO
IS)
t") q G
It) _ to
O)og
q-q~
N lUre
NOI-
Ill~
O-~
IS)
IS)
q
q
---
U
I/)
...
E:
l-
E:
0
U
- c:
....
-
III
-
-
III
- e>
1
.
0
c:
- III
>
>-
lU
-
-
.
.r::.
'- - I/)
..
EXHIBIT A
PORTION OF FINAL PLAT OF THE
WEST WINDS MAJOR SUBDIVISION PHASE 2A & 2B,
SITUATED IN THE NW 1/4 OF SECTION 2, T2S, R5E, P.M.M.
GALLAm COUNTY, MONTANA
EXISTING 30' SANITARY
SEWER EASEMENT F"58-P331 TO BE
ABANDONED FROM SOUnt
RIGHT-Of-WAY UNE OF TSCHACHE
LANE U~OE ~E ~~~~ ;~GDHIA~~WAl
I^'
/ \,
/ " /
/ '" /
/ '-.../
I
/
/
/
/
/
/
PORTION OF 30' SANITARY
SEWER EASEMENT TO BE
RELEASED AND RECONVEYED
REMAINDER NOT INTENDED
FOR TRANSFER
OWNERS.'
CASCADE DEVELOPMENT INC
B 2163 - P 577
NW 1/4 SECTION 2. T25, RSE
I
I~'
/
I
I
120
120
scale
feet
( EXHIBIT A )
WEST WINDS PHASE 2A AND 2B
SANIT ARY SEWER EASEMENT
RELEASE AND RECONVEYANCE
~
045067121 I 11/14/2006
EXHIBIT A VACATED EASEMENT.DWG
Copyright @ 2006 HKM Engineering Inc., All Rights Reserved.