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HomeMy WebLinkAbout07- Release and Reconveyance of Public Street Easement from City of Bozeman to Cascade Development, Inc. Return to: City Clerk City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 1111'1'111'11111'1111111'1111111111'111111111111111'111 g~g:~~p c:tlarlot~ills-Gallatin Co MTMISC _~_~__~_ RELEASE AND RECONVEYANCE OF PUBLIC STREET 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, 1627 West Main Street Suite #223, Bozeman Montana as follows: The NW l!4 of Section 2, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, excluding West Winds Subdivision Phases lA, 1B, 2A, 2B, and 3. The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof, and as described below: Commencing from the northwest comer of the West Winds Major Subdivision Phase 3 at the True Point of Beginning (P.O.B.), thence NOool7'08"W a distance of25.51 feet, thence S90000'00"W a distance of70.00 feet, thence SOool7'08"E a distance of 110.00 feet, thence N90000'00"E a distance of 70.00 feet, thence NOOO 17'08"W a distance of 84.49 feet closing on the P .O.B. Said easement contains 0.177 acres, more or less, WITNESSETH WHEREAS the Grantor is the legal record title holder of the Public Street Easement, recorded as Document No. 2258427 at the Clerk and Recorder's Office of Gallatin County, Montana, situated across the NW l!4 of Section 2, Township 2 South, Range 5 East, P.M.M, City of Bozeman, Gallatin County, Montana, excluding West Winds Subdivision Phases lA, 1B, 2A, 2B, and 3. WHEREAS the above Public Street Easement was granted on February 21, 2007 and recorded on March 2, 2007 at the Clerk and Recorder's Office of Gallatin County, Montana. WHEREAS the construction of the street will be completed without having to occupy said easement recorded on March 2, 2007, and WHEREAS the alignment of Windward Avenue can be appropriately considered with future subdivision review of this property, the vacation of the Public Street Easement recorded on March 2, 2007 will not adversely impact the Grantor's interests. WHEREFORE, the Grantor does hereby release and reconvey to Cascade Development Inc. the easement located on the above described real property as set forth on Exhibit A attached I 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 above. ~ DATED this 3 day of ~v\ ,2007. ~A~ GRANTOR - CITY OF BOZEMAN , \. .,. . ,~ .. .'~ STATE OF MONTANA ) )ss. County of Gallatin ) On this 3 ~ day of ~,,) I ,2007, 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. ~,\\\\\\\\mmitl" #~~~o/.~~~% ~<<;~' .~G--.~ ff~,', '\P,~\Al"~"'"h :: <:( ~v """ . 1C :::: - ',,-' """" ~ - gw. ~"" :~g ~ j:. , c,', . ~:::: ~1C', ';:J ,'~~ ~.. ; ~ ~ ~ 1St)': , , . . . ....C5 ~ %4 -1/E Of ~\\\'..:$' 'JIOtH, II "'\\.\.\\\\' (Printed Residing at My Commission Expires 1111111111111111111111111111111111111111111111111111111 ~~~~~?~~:p Charlotte Mills-Gallatin Co MTMISC 21,00 2 f'1 ~ co .;:. t'-- '" 0 -I"- ~o~ lO"'~ NQj~ 01- N~;;!; iiiiiiiiiiii GI !!!!!!!!!! GI -~ ==== N - - iiiiiiiiiiii -u =(J) -- -E -I- !!!!!!!!!! E - _0 !!!!!!!!!! u =c: iiiiiiiiiiii ..-4 iiiiiiiiiiii -;; -~ -~ -", =e> =1 -.. -~ -~ _.~ =E !!!!!!!!!! Q) -~ -~ -0 =~ -t.. -", !!!!!!!!!! .!: _U -----:::7 . EXHIBIT A PORTION OF LAND BEING THE NW 1/4 OF SECTION 2, T2S, R5E, P.M.M., GALLA TIN COUNTY, MONT ANA EXCLUDING WEST WINDS MAJOR SUBDIVISION PHASES 1A, 1B, 2A, 2B AND 3 ~ ~ ::::.: ~ 2Z ~ S2 ~ I ~ :::i h ~ k. S90'00'OO"W 70.00' r------\ 54' \ , "- FUTURE - BREEZE LANE (f) o ~o ~ , o~ .-.J o . 00 .0). :. fTl. . ill o o o. NOO'17'08"W 25.51' P.O.B. UNPLATTED PHASE 3 TEMPORARY PUBLIC STREET EASEMENT AREA = 0.177 Ac, 6 'O\)/ .v'V/ : 35.0 <<-= / A. ~ii~5o~~o~'r. -./ 70.00' ~ ~ ::::.: ~ 2Z ~ S2 ~ z o 0)0 .j>....l '-.J .j>. - (00 -~ NW CORNER OF WEST WINDS MAJOR SUBDIVISION PHASE 3 BREEZE LANE r., ,---------- I I I I ~ I ~~I ~ : :s ~I ~~: ::::) ~I I I I I I I RELEASE AND RECONVEYANCE OF PUBLIC STREET EASEMENT ( EXHIBIT A ) ~ 045067.124 I MARCH 2007 EXHIBI T -EASE - ACCESS.DWG Copyright @ 2D07 HKM Engineering Ine,. All Rights Reserved,