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,