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HomeMy WebLinkAbout07- Abandonment and Vacation of a Portion of EasementForm 8283 (Rev. 12 -2006) * Name(s) shown on your income tax return Identifying number 2 Section B. Donated Property Over $5,000 (Except Certain Publicly Traded Securities) —List in this section only items (or groups of similar items) for which you claimed a deduction of more than $5,000 per item or group (except contributions of certain publicly traded securities reported in Section A). An appraisal is generally required for property listed in Section B (see instructions). Information on Donated Property To be completed by the taxpayer and /or the appraiser. 4 Check the box that describes the type of property donated: ❑ Art' (contribution of $20,000 or more) ❑ Qualified Conservation Contribution ❑ Equipment ❑ Art' (contribution of less than $20,000) 0 Other Real Estate ❑ Securities ❑ Collectibles" ❑ Intellectual Property ❑ Other "Art includes paintings, sculptures, watercolors, prints, drawings, ceramics, antiques, decorative arts, textiles, carpets, silver, rare manuscripts, historical memorabilia, and other similar objects. "Collectibles include coins, stamps, books, gems, jewelry, sports memorabilia, dolls, etc., but not art as defined above. Note. In certain cases, you must attach a qualified appraisal of the property. See instructions. 5 (a) Description of donated property (if you need more space,.attach a separate statement) (b) If tangible property was donated, give a brief summary of the overall physical condition of the property at the time of the gift (c) Appraised fair market value A B C D (d) Date acquired by donor (mo., yr.) (e) How acquired by donor (f) Donor's cost or adjusted basis (g) For bargain sales, enter amount received See instructions (h) Amount claimed as a deduction (i) Average trading price of securities A B C D Taxpayer (Donor) Statement —List each item included in Part I above that the appraisal identifies as having a value of $500 or less. See instructions. I declare that the following item(s) included in Part I above has to the best of my knowledge and belief an appraised value of not more than $500 (per item). Enter identifying letter from Part I and';i2scri4erthe 4Kecific_itelTr'CW instructions. ► Signature of taxpayer (donor) 0. � � /� Date ► /U Declaration of ADDralser I declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the property, employed by, or related to any of the foregoing persons, or married to any person who is related to any of the foregoing persons. And, if regularly used Ay the donor, don e, or part t the transaction, I performed the majority of my appraisals during my tax year for other persons. Also, I declare that I hold myself out to the p s n appra' r > m apprai a e ar and a qualifi tions as described in the appraisal, I am qualified to make appraisals the type of o y lued. Ice ' t t th ap rai I re o b a age of the appraised property value. Furthermore, I understand that a false or dule t m of the prop v lue s desc bed in the qualified appraisal or this Form 8283 may subject me to the penalty under section 6701(a) (aiding and abe ng nde atement of tax lability). In addition, I understand that a substantial or gross valuation misstatement resulting from the appraisal of the value erty that I know, or reasonably should know, would be used in connection with a return or claim for refund, may subject me to the penalty under section 6695A. I affirm that I have not been barred from presenting evidence or testimony by the Office of Professional Responsibility. Sign Here I Signature P. Title ► Date ► Business address (including room or suite no.) City or town, state, and ZIP code Donee Acknowledgment—To be completed by the charitable organization. Identifying number This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as described in Section B, Part I, above on the following date ► Furthermore, this organization affirms that in the event it sells, exchanges, or otherwise disposes of the property described in Section B, Part I (or any portion thereof) within 3 years after the date of receipt, it will file Form 8282, Donee Information Return, with the IRS and give the donor a copy of that form. This acknowledgment does not represent agreement with the claimed fair market value. Does the organization intend to use the property for an unrelated use? El Yes ❑ No . . . . . . . . . . . . . . . ► Name of charitable organization (donee) Employer identification number Address ( number, street, and room or suite no.) City or town, state, and ZIP code Authorized signature Title Date G;J0 U.S. GOVERNMENT PRINTING OFFICE 2007 - 332- 663/88979 ® Printed on Recycled Paper Form 8283 (Rev. 12 -2006) 1111111111111111111111111111111111111111111111111111111 =zaz <,4 Charlotte Mills-Gallatin Co MTMISC 33.00 ABANDONMENT AND VACATION OF A PORTION OF EASEMENT Gallatin County, Montana, a political subdivision of the State of Montana with principal address at 311 West Main Street, Bozeman, Montana, acting by and through its elected Board of County Commissioners does hereby abandon, vacate and forever release all interest it may have the in Grant of Easement recorded as records of the Gallatin County Clerk and Recorder at Book 120 Page 104 (recorded January 18, 1956) to the extent the same may extend more than 30 feet south of the north easterly corner of Tract 1 A of Certificate Survey 236D, located in Section 18, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana and south of the depicted easement area as the same is depicted on the attached Exhibit A, incorporated by reference herein. In that Grant of Easement, Gallatin County, as benefitted party and dominant tenament, recognizes that the grant was intended to coincide and be adjacent to the easement held by the City of Bozeman as that easement is located directly north of the northern property line of Tract 1 A of Certificate Survey 236D, located in Section 18, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana. The owner of Tract 1 A of Certificate Survey 236D, located in Section 18, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana is granting to the City of Bozeman a quit claim deed for the northerly thirty (30) feet of said Tract 1 A for use as a city street. ATTEST: /1, Charlotte Mills, Clerk & Recorder Dated this 23 day of October, 2007. STATE OF MONTANA ) ) ss. County of Gallatin ) ,rd On this`e day of O bt-r' , 2007, before me a Notary Public in and for said State, personally appeared JOL P. and , County Commissioners of GALLATIN COUNTY, MONTANA, and Charlotte Mills, as Clerk & Recorder for the County of Gallatin, known to me to be the individuals whose names are subscribed to this instrument on behalf of Gallatin County, Montana, and acknowledged to me that they executed the same on behalf of Gallatin County, Montana. I I I I UJI110, C. fy0 W Tpfi� r' No Public for the State of Mon tv • � Printed Name: Cam• 1 er A��•iry Residing at �C �� + MT �? My Commission expires; T��-l- - - -( j 4 III RM 110111111111111111111111111111111111111111 228 4004 Charlotte Mills-Gallatin Co FiTMISC 33.00 _ 7 m %A 4 G Jm o9yo n 9A"'f � � v . p m Y P W w Z u � m N m .. 00'S91 y \\N �7 0 a .o L,t:.00 s 0 m s� f. 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B 7i I�f Olp3C S 0381145. i F n I3. s R• A 9,r R7H01 G. ”, y z 1111111111111111111111111111111111111111111111111111111 zzazasa Charlotte Mills-Gallatin Co MTMISC 33.00 C a dnn U/ M � 0 S ° Q x r M � O � % x ^c:r� 1 / c] ,y •+` Ct3 � 0 > l�I I� h .a i� �ddl J VTv V' EXHIBIT A 5 \i S4L v 11 H,Nos 8 �,.. ` NC�nH, n m'. z g dQ �o2F, i o a 9,r R7H01 G. ”, y z 1111111111111111111111111111111111111111111111111111111 zzazasa Charlotte Mills-Gallatin Co MTMISC 33.00 C a dnn U/ M � 0 S ° Q x r M � O � % x ^c:r� 1 / c] ,y •+` Ct3 � 0 > l�I I� h .a i� �ddl J VTv V' EXHIBIT A QUITCLAIM DEED THIS INDENTURE, Made the day of October, 2007, between ROBERT 0. EVANS of 604 South Willson, Bozeman, Montana 59715, the Grantor, and CITY OF BOZEMAN, a political subdivision of the State of Montana, of P.O. Box 1230, Bozeman, Montana 59771, the Grantee. WITNESSETH: That the Grantor, for and in consideration of the sum of One Dollar and Other Valuable Consideration ($1.00 & OVC), receipt of which is hereby acknowledged does hereby grant, convey, remise, release and forever quitclaim unto the Grantee, and to its heirs and assigns, all his right, title and interest, including any after - acquired interest, to the following described real estate, situated in the County of Gallatin, State of Montana, to -wit: Beginning at the northeasterly corner of Tract lA of Certificate of Survey 236D and thence westerly along the northerly boundary line of Tract lA of Certificate of Survey 236D for a distance of 350.00 feet of the northwesterly corner of Tract lA of Certificate of Survey 236D and thence southerly along the westerly boundary of Tract lA of Certificate of Survey 236D for a distance of 30.00 feet and thence easterly for a distance of 350.00 feet to the easterly boundary line of Tract lA of Certificate of Survey 236D and thence northerly along the westerly boundary line of Tract lA of Certificate of Survey 236D for distance of 30.00 feet to the point of beginning, all of which is located in Section 18, Township 2 South, Range 6 East, City of Bozeman, Gallatin County, Montana, as depicted on Exhibit A, attached hereto and incorporated by reference herein. The parties hereto acknowledge that the real property subject to this deed is utilized for right -of -way and therefore, under X76 -3 -201 (1) (a) , M.C.A. , is exempt from all subdivision requirements. TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, dower, right of dower, property, possession, claim and demand whatsoever as well in law as in equity, of the Grantor. TO HAVE AND TO HOLD, all and singular of the said premises, with the appurtenances unto the Grantee, its heirs and assigns forever. 1 r �n m IX sn b 000N ) " > 0 �° r 0 M W 1�-� 4 1-1^11111�7� I� �1'.r I A,p •4 ( r . u .. I rm y '4 ;k x N yg � I k