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HomeMy WebLinkAbout13- Trout Meadows Release and Reconveyance of Easements Lot 12 Block 6 Cattail Lake Subdivision Return to: City Clerk PO Box 1230 - Bozeman, MT 59715 2449359 Page: 1 of 4 05/15/2013 11:23:20 RM Fee: $26.0© I11111IINI1�IIII11111111111III1IIII11MIIIIIIIIf1MIIR1I1hIll MISC RELEASE AND RECONVEYANCE OF EASEMENT(S) COMES NOW#lie 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 Trout Meadows,LLC,4200 Expressway,Missoula,Montana 59808, as follows: WITNESSETH WHEREAS the Grantor is the legal record title holder of public access easement(s) situated across Lot 12 in Block 6 of the Plat of Cattail Lake Subdivision,Phases 1 and 2,City of Bozeman,Gallatin County,Montana. WHEREAS the above public access easement(s)were granted on the Plat of Cattail Lake Subdivision,Phases 1 and 2,said plat being filed on September 17,2007 at the Clerk and Recorder's Office of Gallatin County,Montana.. WHEREAS the construction of improvements,according to a Site Plan approved by the City encroaches upon said easements recorded on September 17,2007,and WHEREAS the vacation of the indicated portion of the public access easement(s)recorded on September 17, 2007 will not adversely impact the Grantor's interests. WHEREFORE,the Grantor does hereby release and reconvey to Trout Meadows,LLC 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 by the"RELEASED EASEMENT AREA"shown on Exhibit A attached hereto and incorporated herein by reference as though fully set forth and described. In 2449359 Page 2 of 0511 5/201 3 11:23:20 AM addition,an easement for public access is hereby granted by the owner of Lot 12 to the City of Bozeman for the areas set forth by the"NEW EASEMENT AREA"shown on Exhibit A. This reconveyance shall not affect the remainder of that easement dated September 17, 2007 of record in the Clerk and Recorder's office of Gallatin County,Montana.. DATED this /S 0 day of ,,! 20 /3 LA DOWNER' ut Meadows,LLC By: / d-401�,- Signature Printed name and title STATE OF MONTANA ) )ss. County of Gallatin ) On this &4day of % ,20 l-3 ,before me ndersigned,a Notary Public for the State of Montana,personally appeared,& a ,known to me to be the y �Jµ.� ,,,y.,., of Trout Meado ,LLC and the person whose name is subscribed to t e 4thin instrument and acknowledged to me that he executed the within instrument for and on behalf of Trout Meadows,LLC. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day first above written. �`0 6 S do: Tram ism yNAOy a � Notary Puw tr tl,a * Seat w State of! Mtarta AL Af WRISOUla.Montana p° My f r:m�gjon empft r µ0��► ! 13,w18 No Public or th to Montana (Printed Name) Residing in5dw My Commission Expires 77 / 13 /20Z,(_ 2449359 Page 3 of 4 05/15/2013 11 :23-.20 AM DATED this t 4l�-day of Nla 12018 . OLA�'XL�- i GRANTOR-CITY OF BOZEMAN p. Title C+-T _ ._� �Z ATTEST: City Cler U." `A�t o atio . STATE OF MONTANA. .� )' )ss. County of Gallatin ) On this ��— day of 4 2 ot3 before me,a Notary Public for the State of Montana,personally appearel 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 hared and affixed my Notarial Seal the day and year first above written.. (SEAL) AiMEE BRUNCKttORST NotAry Public for the State of Montana ...... ;., NOTARY PUBLIC for the f state of Montana (Printed Name) `t SEAL'* Residing at Belgrade,Montana My Commission Expires Residing at °FM's pecember04,20th My Commission Expires / 120___ 2449359 Pacip 4 of 4 05115/2013 11-23,20 AM EXHIBIT A PUBLIC ACCESS EASEMENT REVII ACROSS PORTIONS OF LOT 12,BLOCK S.PLAT OF CATTAIL LAKE SUBDIVISION,PHASE 2 LOCATED IN THE SW 114 OF SEC.26,T18,RSE,P.M.M., CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA ! I !SPa l r / I o a ��E O•� dk r!M C''A7r4,l block 6 fi ! p 9 r 8 �In Z NB9'2 '21"w N N89'20'21°W fn ! \ 107 rr BUILDING,TYP. (SAYE LINES ARE NOT SHOWN) \ i y4y � nr n o� o r �b� Co N � NB9'20'21"W o, N89' O'2t'W I I 2,00' s BLO K 6 J LO 12 CURVE DATA R=190.00' o Q Arc=160.20' L=48'1B30 w I Ch. Brg. N '23'07"E I I Ch. Dist. 1 5.49' o � n l EGENII r SYMBOL McRIPTIO 1 b o i i PUBLIC ACCESS + } PUBLIC ACCESS EAS€ME1Jr 26' EASEMENT LOT 12 PROPERTY N — LINE N89'20 21'W N89'20'21'W W 4.10' 1 4.10' r/s ® RELEASED a PC Pear ov cHrry AREA �I 0. P. ukE s�acri,�sor� NEW EASEMENT °o $ AREA , rn /m Lot l ^ ^ NOTE: NEW EASEMENT LINES ARE aoLOEo �I$ Z t P. .t 0 NEY20 21"W m N99'20'21'W t 4.10' 410' t J �I n t W 1 � fJ 31 n r2 i t ml MI � s � � o �i SB9'48'08_'E 85.48' 0 t o __ N 0 soJ' S89'46'08'E 111.66' �L�J ciar SCALE or'r'Ir�i BEARING BASIS: PLAT OF CATTAIL t•�kE S��n/�,r'iN LAKE SUB. PHASES 1 & 2 Bf q�A's o THOMAASS,,DEAN&H06K[NS,TNG NGINE$RTNG CONSULTANTS DRAWN BY: SA QUALITY CHECK: N89'45'15'E 205.47' OATE:04MS I FB: — TD80 _ _ — JOB NO. 812-032 1 Return to: City Clerk PO Box 1230 2449360 Bozeman, MT 59715 Aays: 1 of 4 05!1512013 11:23:20 AM Fee: S28.09 I�InIII�I��f�f��IlNll��lfl�t��tII�Mlllll� MISC 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 Trout Meadows,LLC,4200 Expressway,Missoula,Montana 59808, as follows: WITNESSETH WHEREAS the Grantor is the legal record title holder of water/sewer/storm drain easement(s)situated across Lot 12 in Block 6 of the Plat of Cattail Lake Subdivision,Phases 1 and 2,City of Bozeman,Gallatin County,Montana WHEREAS the above water/sewer/storm drain easement(s)were granted on the flat of Cattail Lake Subdivision,Phases 1 and 2,said plat being filed on September 17,2007 at the Clerk and Recorder's Office of Gallatin County, Montana. WHEREAS the construction of water,sewer and storm drain improvements has been completed without having to occupy said easements recorded on September 17,2007,and WHEREAS the potential re-alignment of water,sewer and storm drain improvements can be appropriately considered with future subdivision review of these properties,the vacation of the indicated portion of the water/sewerlstorm drain easement(s)recorded on September 17,2007 will not adversely impact the Grantors interests. WHEREFORE,the Grantor does hereby release and reconvey to Trout Meadows,LLC 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 by the"RELEASED EASEMENT AREA"shown on Exhibit A attached hereto and incorporated herein by reference as though fully set forth and described. In addition,an easement for water/sewer/storm drain is hereby granted by the owner of Lot 12 to the City of Bozeman for the areas set forth by the"NEW EASEMENT AREA"shown on Exhibit A. 2449360 Page 2 of 4 05/15/2013 11:23:20 AM This reconveyance shall not affect the remainder of that easement dated September 17, 2007 of record in the Clerk and Recorder's office of Gallatin County,Montana. rS DATED this /1 day Apl 20 / L 0 out Meadows,LLC B y:r Jc• /TGcC,��r� I''� R•:►a ���irr Signature Printed name and title STATE OF MONTANA ) )ss. County of Gallatin ) On this t q'�day of ,20.LL,before me un%ersigned,a Notary Public fo the State of Montana,personally appeared, ,known to me to be the ,— of Trout Meadows,LLC and the person whose name is subscribed t within instrument and acknowledged to me that he executed the within instrument for and on behalf of Trout Meadows,LLC. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the d ave Yffiften. a Smf& Travis James Hawley f4m"Pubicforthe Seal Mft of More # * %91dft a1 Miaeouitt,Mwftft �r°te My Corrunie w Expkm M July 18,2018 No ry Pu lic for the tate of Montana �,!/JcS ✓ (Printed Name) / Residing in ,s5a�/-L -:-^ °� ' My Commission Expires�a7 / L-3 120/ 2449360 Page 3 of 4 05/15/2013 11:23:20 AM DATED this I Q day of 4cA 20L. GRANTOR-CITY OF BOZEMAN Title ATTEST::'Q ' • � lj=.tf •y r{i // ,C"'sf,l •Iii r SILU City Clerk6 � r • STATE OF )ss. County of Gallatin ) On this 1444-' day of ,2JL before me,a Notary Public for the State of Montana,personally appeareji 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) Nota Fublic for the State of Montana AIMEE BRUNCICHORST NOTARY PUBLIC for the (printed Name) State of Montana *I SEAL'" Resitting at Belgrade,Montana Residing at FoFµ =ms My Commission Expires M Commission Expires / /20 December 04,2018 y p -- 2449360 Page 4 of 4 05/1512013 EXHIBIT A WATERISEWERI STORM DRAIN EASEMENT REVISION ACROSS PORTIONS OF LOT 12,BLOCK 6,PLAT OF CATTAIL LAKE SUBDIVISION,PNASE 2 LOCATED IN THE SW 114 OF SEC.26,T1S,RSE,P.M.M., CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA / ; l 1 Dl4rSryM I II \ BIOCh G 3 1 / + .S48'32V 7.18' / 1 / I � I a# y f f BUILDING.TYP. (EAYE w a 1 LINES ARE NOT SHOWN) }� n 0 m IN � I r BLOK61 LO 12 ` � I CARVE DATA R=19[100' LEGEND ° I Arc=160.20' WATER/SEWER/ A=48'18'30" SYIABOL DESCRIPTION STORM pRA1N n EASEEIENT Ch. 8rg. N '23'07"E n I N8T20'21"W Ch. Dist. 1 5.49' O MANHQLE N it /20.44' FIRE HYDRANT z I i N00'39'39"L —W WATER LINE w W 20.00' SEWER LINE i WATER/SEWER/ M I N89'20'21"W —.-�.— STORMDRAIN o.n 20 44' EASEMENT I b W W 107 12 PROPERTY Canal LINE S89'20'21-E RELEASED 1 0 9/aa ICCl�TCC� EASEMENT ! 9'20'21 ° 6.10' s 121 °r' ter/ AREA 3 %� 1�7TT�TTlI NEW EASEMENT 17 6i �f1 a ICLLLGLLI] AREA 89'2D'21'w n v` NOTE! NEW EASEMENT LINES 12. 0 10 /I ARE BOLDED , j o o n MI ✓'s n t � w z M Z °o / N89'451$"E 82.31' O W O W 60' 5 CAL E 0 !�£uoo""4N BEARING LAKE SI O CATTAIL SUB., PHASESl & 2 BCOCK 5 for a 3 W THOMAS DFAN&HOSKfN INC. ENGIN EKING CONSULT TS DRAWN BY: SA QUALITY CHECK: N89'45'15"E 205.47' DATE,04/08113 FB: TDB[ .ula xn p79.M9