Loading...
HomeMy WebLinkAbout09- Cottage Partners Release and Reconveyance of EasementsBozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 2342381 Paee: 1 of 10 09/16/2009 11:19:52 AM Fee: $90.00 Charlotte Mills -Gallatin County, MT MISC i IIIIIII IIIIII III VIII IIII IIIIIII IIIIII IIII I II VIII VIII IIIIIII III VIII VIII IIII IIII_ - __ 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(s) unto City of Bozeman, Gallatin County, Montana as follows: WITNESSETH WHEREAS the Grantor is the legal record title holder of: Public Park Easement; Public Access Easement; situated across Lot 4A-3 Minor Subdivision 162D, City of Bozeman, Gallatin County, Montana. WHEREAS the above easement(s) were granted March 4t", 2008 and recorded on Itilarch 6t". 2008 at the Clerk and Recorder's Office of Gallatin County, Montana. WHEREAS the construction of infrastructure has been completed without having to occupy said easements recorded on March 6t", 2008, and WHEREAS the potential re-alignment of infrastructure can be appropriately considered with future subdivision review of these properties, the vacation of all of the street and utility easement(s) recorded on March 6t". 2008 will not adversely impact the Grantor's interests. WHEREFORE, the Grantor does hereby release and reconvey to Cottage Partners I LP those portions of the easement(s) 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 F,xhibit A attached hereto and incorporated herein by reference as though fully set forth and described as follows: Entire easement as shown on attached exhibits. This reconveyance shall not affect the remainder of that easement dated March 4t", 2008 of record in the Clerk and Recorder's office of Gallatin County, Montana. DATED this ~t ~ day of 0 , 2009. GRANTOR ;CITY OF BOZEMAN 1 Title ~ t tr A hB ~ ATTEST .I ~•Q ~,rFs-,~ `i il..~~_„ . {~ Count~~'~~~ir~• . ) On this o~ O ~ day of ~`tt.~ ~- _, 2009, before me, a Notary Public for the State of Montana, personally appear 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. (SEAL) ~~~~~~ ~I ICI t i I /~~~ii ~\\ ~~ ..... K I S ~/~ _*~ =, ~,+~ .~ ///~ ~~FI III 1'~~~~\\\ ., Not y Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20 AIMEE KISSEL NOTARY F°l1BLIC FOR THE 'iTATE OF MONTANA RL°..IUING AT E30'L E:IVI /1N. MONTANA MY UOIVIfVIISi'>IUN EXHIFiES t<' - U4 - ~U 1L Bozeman City Clerk P.U. Box 1230 Bozeman, MT 59771-1230 PUBLIC ACCESS EASEMENT Cottases Partners I LP, GRANTOR(S), in consideration of $ 1.00 and for other and valuable considerations, receipt of which is hereby acknowledged, grants to The City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59715, GRANTEE, public access easements for a driveway for the use of the public in, through a strip of land situated in Gallatin County, Montana, which is located on the following described property: Lot 4A-3 of Minor Subdivision 162D, situated in the SE '/4 of Section 8 and the NE '/4 of Section l7, Township 2 South, Range 6 East, P.M.M. City of Bozeman, Gallatin County Montana. The easement is more particularly shown on the attached PUBLIC ACCESS EASEMENT EXHIBIT A, which by this reference is made a part hereof. The GRANTOR(S) agrees: (1) To construct and maintain the driveway and parking area at their own expense in accordance with relevant City Ordinances, including, but not limited to, snow removal and all major and minor repair work. (2) To allow the City to make any and all inspections of the driveway and parking area and land appurtenant thereto as the City reasonably deems necessary. The GRANTOR(S) warrant that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. The GRANTOR{S) further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. The terms, covenants and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. }{aggerty i.ane Cottages Public Access F.asetnent Page 1 of 3 ~~~IIRI~I~WIIANIRIII83195 DATED this' day of , 2008. STATE OF MONTANA ) ):ss County of Gallatin ) On this .~ day ofd Public fo~ >the State of Montana,) me to be Y ~~c,~~ ~.c -,tea the within instrument and ackno~ behalf of ~~~1~ ~ ~ r ~~~ ~Y, . ~ ~,, 2008, before me the undersigned, a Notary ersonally geared 1 ~ ~ f~ (,x~.~-.-.. l' ~lu.._ known to of nnM and the person whose name i subscribed to vledged to me that he executed the within instrument for and on ~;~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. N tary Public for the State of Montana {SEAL) {Printed Name) _ Residing at,~C~;~ ~~; ~\r1~,c*r.~a 1 rct;l , ~el~~c,~lF, b~~ ~ My Commission expires ~1C~4~ /~_/20~ Haggerty Lane Cottages Public Access Easement Page2of3 I ! II I IIIIII VIII Iilll IIII IIIIIIII VIII VIII III IIIN IIII IIII 2293495P Charlotte Mills-Gallatin Co MTMISC 28. Q0 .. - . - JANEI' L. SHULL Notary Public State of Montana By: Cottages Partners its g.p. William C. Dabney III, its President ACCEPTED: .~~Y~~/ CITY OF BOZEMAN by City Manager ATTEST: City Cler SPATE OF MON'T`ANA ) )ss. County of Gallatin ) a~ .^ On this day of ~•~ , 2008_, before me, a Notary Public for the State of Montana, personally ap ared CHRIS KUKULSKI and STACY i1LM.ir.N, 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. ,;. ~~ ~ d ~ ~ i t lic f% ~~ ( inted e Residing at My Commi slon expires _ Haggerty Lane Cottages `~ of Montana (SEAL} : rn ~~ .. .. `; ` i~~ /~/20~ ' Page 3 of 3 Public Access Easement ~mIM~YIA~~I~IIIIA~ 3]9395 N ~1~ O O ~ ~~ z a '~' ~^ ny ~o ~~ ~ ~~ ~ ~ ~„ I~1 m u ~ ~ O m y n ~ Z --i o ~ ~ i ~ ~ rn N n ° ~ ~ ~ ~ ~ o N OD O r~ ~~ ~ ~ o 7 ~,°/ov~$ ~~~~ I cnw N ~ " ~ U_ C 7 I i ~_ I I. Z I m rn ~ ~ I N ' °0 0 0+~ ~ ~. ~ ,o i ~ N~ I I I I I I ;a ~ ~~ I o\ o0 0. w N W V V I?'~ 8~ N t I O O ~ IZ ~_ d Z I: c v4 1~ °' o` R N O0DD~~W p 1~~ 01 ~V ~ ' N -120 o n o c~ w Z m .! U rn r m p ~[~4-- ~ o w m A N s c'i • ri ~ o r^ z ~ z N m 1 G7 \l ~ ~ W _ _ _ 1 A O T - ~ i \ m ~O 1 1 1 ~ A I I ~D Iz ~ ZN ~ j ~ ~ \~ V It+! I N LN N wjw I Oi rn ~ o ~Z j~ 1 $ W o ~ 1 ~ *O~ FQ• 1 1 : YJs rn ~ ;, ~~F W O U \~ ,~ _ f ~ M`~ o z ~ j ti~ I 1 ~ N ,~ \ j 1~ o to W~ /~'~ ti I ~ ~ O Z O° y \~ ,~~r j ~ ~ p ~ Z u .~• ~~3 O I r U f O N rn '~~ ~__! I ~ I --- ---J °t`~a~ a~ ;~ ~ b ~ o ~.o`O ~i~ i ~ N N~ ~ m 0 ~' V ~ ~ ~ U m ~ -~ ~ to Im ~ Z W ~ C 1 1 Y ~ r ----; ~ ;~.~ ~ z o C7 ~ ~cnm N 1-nX I / ~ Z p p m= ~` m z ~ ~ A ° ° ~ r*I\ -i D ~ ~ N N ~ V V ~ ,P aN oo ~ ~ p m ~'' D z _ ~ \ C7 ~ ~ fIl -a a ~' / ~ ~ •P• Z Z O p ~ ~ z / Z -Tl z _ z ~ / v / `\~ Dcbne - Ho ert dw Easement Public ccess Eosement.2lw I PIIII VIII VIII IIII IIIIIIII VIII IIII' III VIII IIII IIII 229349sp Ch~rlotta Mills-Gal lalln Co MTMISC 28.0© Bozeman City Clerk P.Q. Box 1230 Bozeman, MT 59771-1230 X~II~'~IIRfII~IIIIYRI~~I~ 2293496 PUBLIC PARK EASEMENT Cottages Partners I, LP; GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main Street, Bozeman, Montana 59771- 1230, GRANTEE, its successors and assigns, a perpetual easement for public park purposes, over and across a parcel of land being irregular in shape, situated in the City of Bozeman, Gallatin County, Montana and located on a portion of the following described real property: Lot 4A-3 of Minor Subdivision 162D, situated in the SE '/4 of Section S and the NE '/< of Section 17, Township 2 South, Range 6 East, P.M.M. City of Bozeman, Gallatin County Montana. The easement is more particulazly shown on the attached PUBLIC PARK EASEMENT EXHIBIT A, which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns, and its and their agents and employees, and for the general public, to enter at all times upon the above described easement by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR, to enable public access through the private land from adjoining properties to the public park with the said public park and public access easements being shown on the attached Easement Exhibit. THE GRANTOR AGREES THAT: (1) The GRANTOR warrants that he is lawfully seized and possessed of the real property described above, that he has a lawful right to convey the property, or any part of it and that they will forever defend the title to this property against the claims of all persons. (2) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 1laggerty Lane Cottages Public Park Easement Page 1 of 3 ~~~pll^~ llllrll~@2293494 WIIA~~WIIA~V~NII The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. hO' ~ DATED this day of ~ , 2008. By: C ages Partners , By: Cottages Partners its g.p. William C. Dabney III, its President STATE OF MONTANA ) )5S. County of Gallatin ) On this ~ day of ~ •~-, ,2008, before me, the and signed, a Notary Public for the State of Mont a, personall appeared William C. Dabney IIIown to me to be the person whose name is subscribed to the within instrument, and ackno~ledged ~ m~~t~~ ~~{{ JJ ~.r~.e!-a he/she did execute the same. ~ ~1'~Si IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) JANET L. SHUi1. Notary Public State of Montana N tary Public for the State of Montana (Printed Name) Residing at ~ ~ AMT My Commission spires ~ 1 / a /20d~ Haggerty Lane Cottages Public Park Easement Page 2 of 3 ~~~~M~~~~h~~Q~~~ xzsaesa. ACCEPTED: ATTEST: U. ~ - City Cler STATE OF 1~10NTt11`dA r .-~~y~ - /1 I ~ CITY OF BOZEMAN by City Manager )ss. County of Gallatin ) On this day of , 2008, before me, a Notary Public for the State of Montana, personally ap ared 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year f rst above written. ~ y ~ ~::. :, ~~ .:(SEAL) ' ;:.... Residing at~~ My Commission Expires Haggerty Lane Cottages Public Park Easement Page 3 of 3 I\ ~~ o \ o -~-~- \ 8 s ~ 6 aljV \ y J N v Im ~ J~ yy ....; qQ ,~. O y I~ , yp?~ p~ '~~ 'O I ~ yi ` `i u g ~ ~ C > W in z I s L s { \ ~v ~ >" Z ~ t~~JS 3E ~ R`JJ ~ p. ~ I Rrl~p t^ ~' ~ I ~ ` ~ ~ C I ~ ~ ~ \ ~ ~ ) O ]p N t>1 + ` \~* 1 m C ~ ,) ~ ~ ~ ~•\ r ~~ + o + A ~ ~ 1 ~~ u ~1 I ~ O ~O'~ SOt•37_53'w 74.8{' m ~yy ~~ ~`Cg~mt ~ (L4 ~> ~ CN~i N NNWW O 0 ' ~ v rj J '~ j C ~~ m =~i ti I o~cn eCAD\06-120 Dpbney/ ~~ ~~ C ~, / ~ C (/) M0177'SJ'E ` 73.39• f ~ ~ CA -'~ -O ~ I ~ D C G ~ ~ ~ IrJ V ~v ?+ ,SD' ~o~ N= ~ ' o ~~ ~Nm rn Z rT1 N ~X ~ ~ / ~z r ooD= m Z ~~ / rn .~ D -I ~m rn~ s z / ~~ ~ D = ~ W ~~ ~ m ° cn o m ~ rn m ~ ~ ~ / \ ~ ` O O /~ / V ` \ '~ ~ > ~ - Haggerty\dwg\Easement\Park Eq~ement.dwg I IIIII~ (IIII Illf~ IIII IIIIIIII III! IIII III VIII III IIII 2293494P Charlotte Mills-What In Co MTMISC 28.00 Commission Memorandum REPORT TO: FROM: SUBJECT: Honorable Mayor and City Commission Dustin Johnson, Project Engineer Chuck Winn, Assistant City Manager Haggerty Lane Cottages -Release and Reconveyance of previously recorded easements and new Public Access, Public Park, and Sewer and Water Pipeline and Access Easements. MEETING DATE: August 10, 2009 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize City Manager to sign. BACKGROUND: Attached is a copy (originals to Stacy U.), of the Release and Reconveyance of previously recorded easements, and new partially executed easements for the Public Access, Public Park, and Sewer and Water Pipeline and Access Easements for the above referenced project. Previously, the land owner recorded various easements for a development and has since submitted a revised site plan that required the alteration of some of the previously recorded easements. Engineering staff has reviewed the easements and found them to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Attachments: Easement Documents Report compiled on: 8/4/09