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HomeMy WebLinkAbout13- TBP Condominiums Release and Reconveyance of Easement City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 2466057 Page: I of 6 10/1812013 01 24 16 PM Fee $42 00 Charlotte mills Gallatin County, MT MISC I IIIIII iIIIII III 11111111111 IR Ilil 1111111111111111111111111111 IN RELEASE AND RECONVEYANCE OF EASEMENT COMES NOW the City of Bozeman, 121 N. 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 TBP Condominiums, 40 E Main St. Ste. 210 Bozeman, MT 59715 ("GRANTEE") as follows: W1 T N E S S E T H WHEREAS the Grantor is the legal record title holder of a public access easement situated on a portion of Lot 2, Minor Subdivision 340, City of Bozeman, Gallatin County, Montana. WHEREAS the above public access easement was granted November 16, 2006 and recorded on November 29, 2006, Document Number 2249540 at the Clerk and Recorder's Office of Gallatin County, Montana. WHEREAS the planned use and proposed development that required said easement recorded on November 29, 2006 was abandoned,the vacation of the public access easement recorded on November 29, 2006 will not adversely impact the Grantor's interests. WHEREFORE, the Grantor does hereby release and reconvey to TBP Condominiums all portions of the public access easement located on the above described real property together with any right, title, or interest that the Grantor may have in said public access easement. DATED this day of tnofkhi" '20B r GRANTOR - CITY OF BOZEMAN TITLE City Manager ATTEST: d r4 W City Clerk STATE OF MONTANA j )ss Gallatin County ) On this day of C-4 2013 , 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 known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. In witness whereof, I have hereunto set my hand and affixed my seal on the day and year first written above. .. ,. NOTARY 8 UN 11 ORST J for the SE Slake of Montana NOT RY PUBLIC FOR THE STATE OY MONTANA � :,. AL : Residing at Belgrade, Montana w� OF `r M Comrreission Expires MO December 04,2016 Printed Name Residing at My Commission expires , 201— e-",rl"T Y c,1,6-,k P 0 9 1 Z 3 t3o z1r A4Atl /14-r T9771 -/210 PUBLIC ACCESS EASEMENT Hulme,Inc.,with a mailing address of 1941 West Main Street,Bozeman,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 variable width strip of land situated in Gallatin County,Montana,which is located on the following described property: Lot 2,Minor Subdivision No.340,according to the plat thereof,on file and of record in the office of the Clerk and Recorder,Gallatin County,Montana,and located in the SW 1/4 of Sec. 10,T.2 S.,R.5 E.of P.M.M. The easement is more particularly described on the attached Exhibit A which by this reference is made apart 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. 2249540 F 9- 1 of 4 1111111101 IIE 111111111111111111111111111111111111111 Shelley Vance-GAilatln Co MT MISC 44.00 DATED this-(L_day of O jm)' 20 0S , GRANTOR:Hulme,Inc.,a Montana Corporation by:John Hulme,its STATE OF MONTANA ):ss County of Gallatin On this—&—day of A6V,-146e,9,20.e96 before me the undersigned,a Notary Public for the State of Montana,personally appeared John Hulme,known to me to be of Hulme Inc,,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 said corporation, WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and ,,yuar4iq above written, V- L) Nty Public foyhe Stq#of Montana (Printed Nam Residing at My Commission expires ACCEPTED- CITY 04�ZEM�AN � by City Manager r. City STATE OF MONTANA )ss' County of Gallatin -2-( On this / day of A. 211)6,before rue,a Notary Public for the State of Montana,personally appeared CHRIS�KUKUL`SKI 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 instturaen and acknowledged to me that they executed the same for and on behalf of the City of Bozeman, 24940 Paw 2 of 4 VIII IIII ICIIIII1111111111111111111111111111111 2 5 1,12912005 0105P Sh.11oy Co MT MISC 44,00 IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) yt��ti5«si�#arrrrr+ll'i �Ri��,ti�1\ �QHN ay�'✓ r YJ ci 01AF A of Public far the 't\ __ Votary State of Montana S (Printed Name) Residing at z r fjrara OF MO My Commission Expires ! ? /20..M 111111111 Hill 1111101 P go;3 ��M:lP Shalley Va aq-GajjAtjn Co MT MISC qq.®C,.. 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