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Home My WebLink About14-Dixson Properties, LLC, Release and Reconveyance of Easement O . lZox (2,1D 2490124 Page; 1 0f 6 08/26/2014 09:4B:42 AM Fee: $42.00 Charlotte Mills - Gallatin County, MT MISC IIIIIII IIIIII III II l llll II IIIIII IIII Illl IIIII IIIII IIIIIII III IIIII IIIII 11 I IIII IIII RELEASE AND RECONVEYANCE OF EASEMENT(S) COMES NOW the City of Bozeman, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby release and reconvey the following described easement(s) unto Dixson Properties, LLC, a Montana limited liability company, P.O. Box 6099, Bozeman, MT 59771-6099, described as follows: The public access and utility easement of variable width that runs over, under and across Lot 5 and Lot 6, Block 2, Baxter Meadows Subdivision P.U.D. Phase 1, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana. WITNESSETH WHEREAS the Grantor is the legal record title holder of the public access and utility easement of variable width as conveyed by Document No. 2228884 and located on Lot 5 and Lot 6, Block 2, Baxter Meadows Subdivision P.U.D. Phase 1, City of Bozeman, Gallatin County, Montana. WHEREAS the said public access and utility easement of variable width was granted for Final Site Plan approval on the project for Nevado, LLC, recorded on May 23, 2006 at the Clerk and Recorder's Office of Gallatin County, Montana. WHEREAS the site plan proposed by Nevado, LLC, was never completed and has since expired, and subsequently another project is proposed by a new owner where an alternative location of the easement is required for the new site plan with an associated document granting a new public access and utility easement, and the vacation of said easement granted by Document No. 2228884 will not adversely impact the Grantor's interests. WHEREFORE, the Grantor does hereby release and reconvey to Dixson Properties, LLC, a Montana limited liability company, P.O. Box 6099, Bozeman, MT 59771-6099 the easement granted by Document No. 2228884. DATED this day of �00 I f , 201A. GRANTOR-CITY OF BOZEMAN y: Chris Kukulski, its City Manager ATTEST < >, ♦B0< By::St� y- i1;its City Cferk STA`fi -MN�? ) ♦J )ss. l County of U;iTa- ti ) On this is—,day of , 201!5- , before me, a Notary Public for the State of Montana, personally appe ed 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) AIMEE BRUNCKHORST �?;�Q NPO NOTARY PUBLIC for the Notary ublic for the State of Mon na �: '�"",9�� State of Montana Printed Name. *:'.I...... .* at Belgrade,Montana �. SEAL:2Q Residing Residing at �� My Commission Expires HT a 0 r December 04,2016 My Commission Expires / 120 GAC&H\11\11489\0FFICE\Release&Reconveyance Of£asement.Doc PUBLIC ACCESS EASEMENT Dixson Properties, LLC, 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 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, a public access easement over, under and across 26.00 foot wide and 24.00 foot wide strips of land situated in Gallatin County, Montana, which is located on the following described property: Lot 5 and Lot 6, Block 2, BAXTER MEADOWS SUBDIVISION P.U.D. PHASE 1, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana [Plat J-353] The easement is more particularly shown and 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 (awful 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 x-I day of L& L 201 1—. Grantor: Dixson Properties, LLC, a Montana limited liability company Zeta By/."Donald J. Di son anaging mem er STATE OF MONTANA ) )ss. County of Gallatin ) This instrument was signed or acknowledged before me this2Elay of , 201,11- , by Donald J. Dixson as managing member of Dixson Properties, LL , a Montana limited liability company. �p (SEAL) 7�a d �✓ MONA 1 Notary Public for the State of Montana i ,.ova..... o Nota =sue..; Printed Name: 41,,y.9 for the St=. �f r,, r tuna Residing at I QoC� . 0 T- �.SEAL y*,' eelp My Commission Expires o s/ a 9 /20 I q o..Mp� ' My .. ;zy _� ACCEPTED: CITY OF BOZEMAN By: Chris Kukulski,its City Manager ATTEST: 130 sty�5 .a•. �d STATE OF MON.TANAo.3 County of Gallatin `f On this day of , 2014, before me, a Notary Public for the State of Montana,personally appeareb 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. AIMEE BRUNCKHORST NOTARY PUBLIC for the "' SEAL ,* State of Montana Notar Public for the State of Mo tana9.. :fit Residing at Belgrade,Montana ' aF.M0 My Commission Expires Printed Name: December 04,2016 Residing at My Commission Expires / /20 G:\C&M13\13869\Offiice\Public Access Easement.Doc EXHOff A LOCATED IN THE SW 114 SECTION 34, T. 1 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA Public Access Easement TRACT 2A Eosement acress Lots 5 & 6, Block 2, C,C,S, 2202A Baxter Mieadcws Subdivision P.U.D. Phase 1 Area of Eesemert = 6,165 Sq. Ft., 0.1415 Acres o Equestrian LaneCA 0 [N89'41'5E] 7.77 7' 187.52 089'41'57' 24.00' WIDE PUBLIC ACCESS EASEMENT 24.00 N i 3 LOT 6 v 13,068 Sq. Ft. o i� I ao P U B L I ell "a0o Lo 0.3000 Acres C ! N M I0 C LO PARK Z I b f7 '0 �I "0 089'45'4S' "� �00 Z (0 8.22 155.75 r� py� co 26.00 — — 189.32 090'00l 179.75 N : 3 089'45'43" Qo U) 26.00' WIDE PUBLIC ACCESS EASEMENT L L LOT 5 b n 14.810 Sq. Ft. N Z Z o? �_ :EXISTING 30.00' PUBLIC WATER 0.3400 Acres co" "6 & SEWER MAIN EASEMENT14 h 191.33 089'58'39" 56 ! 56 I [N89'58'39"E] colE:QM CLOT 4 13t5 j i Scale In Feet � �A�A�� ' i 50 0 50 Engineering and Surveying Inc. 1�' 1091 Stoneridge Dwe•Bozeman,MT 5971E 15 0 15 Phone(406)587.1'15- Fax(406)587-9768 Scale In Meters www.chengineerscarr•info@ohengineers.com Date: 06-02-14 #13869E1