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HomeMy WebLinkAbout12- Glacier Bank Release and Reconveyance of Easements for Lot 1, Block 7, Phase 1B and Lot 1, Block 4 Phase 1A of West Winds Subdivision City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 . 2430260 Page: 1 of 7 10l26t2012 11;20:40 AM Fee: $49,00 Charlotte Mills - Gallatin County, MT MISC IIIIIII I III 111 III IIIIIII IIIIII III IIII IIIII IIII II llll 111 Illii IIIII 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 a portion of the following described easement unto City of Bozeman, Gallatin County, Montana as follows: WITNES SETH WHEREAS the Grantor is the legal record title holder of: Public Access Easement; situated across: Lot 1 Block 7 of the West Winds Subdivision, Phase I And Lot 1 Block 4 of the West Winds Subdivision, Phase IA City of Bozeman, Gallatin County, Montana. WHEREAS the above easements were granted January 17th, 2007and recorded on March 61h, 2007 as document# 2258765 at the Clerk and Recorder's Office of Gallatin County, Montana. WHEREFORE, the Grantor does hereby release and reconvey to Glacier Bank those portions of the easement(s) located on the above described real property as set forth on Exhibit B & Exhibit C attached hereto together with any right, title, or interest that the Grantor may have in Tempest Court Release and Reconveyance of Easement(s) Page 1 of 2 said easements as set forth on Exhibit A attached hereto and incorporated herein by reference as though fully set forth and described as follows: Entire easement as shown on the attached exhibit. DATED this-0 S LKday of , 2012. n , D-,�z A., GRANTOR- CITY OF BOZEMAN Title Ck n AT 0 1: C �ler , R STATE OpilOvlONTANA ) )ss. County of Gallatin ) irhez, ✓r tnc ors�� On this day of 0-CY--t&6AI ,2LZ before me, a Notary Public for the State of Montana,personally appeared CHRIS KUKULSKI and , 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) " Heather Biernienue 4otary Public for the State of Montana Notary Pubic •'ao-(ARiq�tim;:for the State of Montana (Printed Name) Residinp at: ,��.SEAL.ze Bozeman, Montana Residing at - My Commission Expires. January 26,2014 My Commission Expires / /20 Tempest Court Release and Reconveyance of Easement(s) Page 2 of 2 City Clerk P.O.Box 1230 Bozeman,MT 59771-1230 IIIIII II II IIIII 1111181111111�IIIIII Ill IIIII till IIII 2258765 Charlotte Allis-Gallatin Co MTMISC 62 00 PUBLIC ACCESS EASEMENT Rid1ze investment LLC.PO Box 11077 Bozeman,MT 59719,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,a public access easement for a driveway and parking area for the use of the public in,through,and across a 35 feet wide strip of land situated in Gallatin County,Montana,which is located on the following described property: NW'/4,Section 2,Township 2 South,Range 5 East P.M.M. West Winds Subdivision Phase la&lb Block 3,Lot 4(1428 Tempest Court) Commencing at a point that is the Northeast corner of Block 3,Lot 4 of West Winds Major Subdivision Phase I and the South Right-of-Way of Cobblestone Place at the intersection of the West Right-of-Way of North 27th Avenue,Thence North 88°12'21"West,85.03 feet,along the South Right-of-Way of Cobblestone Place to the Point of Beginning(P.O.B.). Thence,South 01047'39"West,235.59 feet; Thence,South 89157'41"East,73.05 feet,to a point on the West side of an existing utility easement; Thence,South 01°47'38"West,35.02 feet,along existing utility easement; Thence,North 89°58'37"West,201.64 feet; Thence,North 00000'00"East,24.45 feet,to a point on the South side of an existing utility easement; Thence,North 89°42'52"East,26.32 feet,along existing utility easement; Thence,North 01047'39"East, 10.42 feet,along existing utility easement; Thence,South 89°59'45"East,68.03 feet; Thence,North 01°47'39"East,236.66 feet,to a point on the South Right-of-Way of Cobblestone Place; Thence,South 88112'21"East,35.00 feet,along the South Right-of-Way of Cobblestone Place to the Point of Beginning,containing 0.346 acres. Block 4,Lot 1 (1546 Tempest Court) Commencing at a point that is the Northeast comer of Block 4,Lot 1 of West Winds Major Subdivision Phase IA and the South Right-of-Way of Breeze Lane at the intersection of the West Right-of-Way of North 271h Avenue,Thence North 88°12'21"West,85.00 feet,along the South Right-of-Way of Breeze Lane to the Point of Beginning(P.O.B.). Thence,South 01°47'39"West,359.15 feet,to a point on the North Right-of-Way of Cobblestone Place; Thence,North 88°12'21"West,35.00 feet,along the North Right-of-Way of Cobblestone Place; Thence,North 01°47'39"East,359.15 feet,to a point on the South Right-of-Way of Breeze Lane; Thence,South 88°12'21"East,35.00 feet,along the South Right-of-Way of Breeze Lane to the Point of Beginning,containing 0.289 acres. Block 7,Lot 1(1652 Tempest Court) Commencing at a point that is the Southeast corner of Block 7,Lot 1 of West Winds Major Subdivision Phase 1B and the North Right-of-Way of Breeze Lane at the intersection of the West Right-of-Way of North 270'Avenue,Thence North 88'12'21"West,85.06 feet,along the North Right-of-Way of Breeze Lane to the Point of Beginning(P.O.B.). Thence,North 01'47'39"East,247.21 feet; Thence,North 90100'00"East,73.11 feet,to a point on the West side of an existing utility easement; Thence,North 01'47'54"East,35.02 feet,along existing utility easement; Thence,North 90'00'00"West, 188.17 feet,to a point on the East Right-of-Way of Tempest Court; Thence,South 01'47'39"West,35,02 feet,along the East Right-of-Way of Tempest Court; Thence,North 90000'W'East,80.04 feet; Thence,South 01'47'39"West,246.11 feet,to a point on the North Right-of-Way of Breeze Lane; Thence,South 88'12'21"East,35.00 feet,along the North Right-of-Way of Breeze Lane to the Point of Beginning,containing 0.349 acres. The easement is more particularly described on the attached 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. DATED this day of ayd By: 1z�D(- ��el A)-- Imo` S Grantor-Ridge Investment LLC ���l�d1O�.'� ( OF'I�G NA ) �11/ky'11n117U,10 ):ss ++II II II ++IIII II ++II County o (;allatin ) I I�Illf IIII�Illll II�I��I Ilill�II�II�I�I I�I IIII)I II Illl Paw 2 oe3/436/20(1r 65 Charlotte Mille-Gallatin Co MTMISC 82 00 On this jrday of Vi- .20 before me the undersigned,a Notary Public for the State of Montana,per nally peared If66 mow,A 3V'-\ ,known to me to be of I CTV. llfand the person whose name is subscribed to the within instrument and acknowledged me that he executed the within instrument for and on behalf of IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and Y`��tt�uatr, �ove written. 0S IIIIIIlIIIIIlIlllllllllllllUllllllllllllllllllull 2258765 (SE•h�-t7 _^'6— Ill IlII 03a06/2007 0a�41P �r Nam• ...1L .• * Charlotte Mills-Gallatin Co KTM18C 62 00 NQlary Public for the State of Montana U-hwyi L;, UN, (Printed Name Residing at k*_'�6?sQn-� My Commission expires -14 /�7/20 jL ACCEPTED: C"_ CITY OF BOZEMAN by r. City Manager City, - STATE A ) )ss. County of Gallatin ) On this day ofIALA CAM I 21 beforc me,a Notary Public for the State of Montana,personally appeared CHR S KUKULSKI and BRIT T.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. (SEAL) u i f tate of ontana (irinted Na Residing at I 'L My Commission Expires-1—/ /2011 EXHIBIT B PORTION OF FINAL PLAT OF THE WEST WINDS MAJOR SUBDIVISION PHASE 1A a SITUATED IN THE NW V4 OF SECTION 2, T2S, R5E, PJAM. (Q b GALLATIN COUNTY,MONTANA CO Nom !^ a 1=• y BREEZE LANE 1< 1 ram'—.^f f a�oo• 1 o I ; P.O.B. j I + I 1 •'. 1 I I I I 1 I I I N I + 1 \ I I I I 1 I I I I 1 I I I L-—————— —\ —J I 1 f xesi7T1'x 1 I , COBBLESTONE PLACE , rr —N— NOT TO SCALE WEST WINDS PHASE 1A EXHIBIT S BLOCK 4, LOT 1 ACCESS EASEMENT �� �•'���= 04SO67.120 DEC 2006 CoDY^gh, 0 2006 HNM E.girl—;i q Inc.. All Rights Reserved. EASEMENTAWC EXHIBIT C It> PORTION OF FINAL PLAT OF THE 9 WEST WINDS MAJOR SUBDIVISION PHASE 1B 00 06 SITUATED IN THE NW 1/4 OF SECTION 2, T2S, RSE, P.M.M. lA m GALLATN COUNTY,MONTANA Niw U2 -�-1 0 ) lid o a TSCHA CHE LANE m r--------------------� I 1 I 1 I rc I I i I I I ' i � '� I N� •oo'v taeu• I i O 1 0 I N9°17000'C ftW 11 i I I X 1�0j 1 V 4m I I s 1 I 1 i — — P.O.B. I r � �! NM17t7�/1 u.oe• l 341727 E � � ,. now BREEZE LANE -N- NOT TO SCALE WEST WINDS PHASE 1B EXHIBIT C BLOCK 7, LOT 1 ACCESS EASEMENT NOtN ee„INO I�� .45067.120 1 DEC 2005 Copyright 0 2006 HKN Engineering Inc..All Rights Rew-d. 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