HomeMy WebLinkAbout09- Gallatin County Release and Reconveyance of Easement(s) (2)Bozeman City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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RELEASE AND RECONVEYANCE OF EASEMENT(S)
COMES NOW the City of Bozeman, 121 North Rouse Avenue, Bozeman, MT 59715, a
Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby
release and reconvey the following described easement unto Gallatin County, 311 West Main
Street, Bozeman, Montana 59715, a Political Subdivision of the State of Montana,
("GRANTEE") as follows:
WITNESSETH
WHEREAS the Grantor is the legal record title holder of a perpetual easement and right-
of-way for a sewer line situated across land that is now described as:
Tract A and Tract B of Certificate of Survey No. 691, and Parcel II described on
Film 134, Page 358 of Gallatin County records all being located within the
Southwest Quarter of Section 12, Township 2 South, Range 5 East, P.M.M.,
City of Bozeman, Gallatin County, Montana.
WHEREAS the sewer line easement and right-of--way was granted September 18, 1963
and recorded in Miscellaneous Book 21, Page 268 on February 21, 1964 at the Clerk and
Recorder's Office of Gallatin County, Montana.
WHEREAS the construction of the sewer pipeline has been completed without having to
occupy said easement recorded in Miscellaneous Book 21, Page 268 on February 21, 1964.
WHEREAS the potential re-alignment of the sewer pipeline can be appropriately
considered with future subdivision review of these properties, the vacation of all of the street and
utility easement recorded in Miscellaneous Book 21, Page 268 on February 21, 1964 will not
adversely impact the Grantor's interests.
WHEREFORE, the Grantor does hereby release and reconvey to Gallatin County,
Grantee 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 easements as set forth on Exhibit A attached hereto and incorporated herein by reference
as though fully set forth and described as follows: All of said sewer pipeline easement recorded
in Miscellaneous Book 21, Page 268.
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Page: 1 of 4 05!29/2009 09:36:35 AM Fee: $28.00
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DATED this (p ~ day of y4ar'~ ( , 20~.
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GRANTOR -CITY OF BOZEMAN
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STATE OF MONTANA )
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County of Gallatin )
On this ~'1}~ day of ~~-~ ( , 2L~D ,before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, 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.
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BOZEMAN, MONTAN4
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ACCEPTED:
GALLATIN COUNTY, a Political Subdivision, State of Montana
By: ~--~V
Chairman, Board of Gallatin County Commissioners
STATE OF MONTANA )
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County of Gallatin )
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On this ~ day of 1`' w'""~' , 20~, before me the undersigned, a
Notary Public for the State of Montana, personally appeared R. Stephen White, known to me to
be the Chairman of the Board of Gallatin County Commissioners and the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the within
instrument for and on behalf of Gallatin County.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and. year above written.
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