HomeMy WebLinkAbout03- MSU Foundation Inc.-Fowler and Garfield - Release and Reconveyance of Road Easement
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Shellev Vence-Gallatln Co MT MISC 30.00
RELEASE AND RECONVEYANCE OF EASEMENTS
Fowler Avenue & Garfield Street
COMES NOW the City of Bozeman, 411 E. Main, 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 Montana State
University Foundation Inc., of Bozeman, Montana as follows:
WITNESSETH
WHEREAS the Grantor is the legal record title holder of a 1 DO-foot wide road
easement (Fowler Avenue) and a 75-foot wide road easement (Garfield Street) situated
across Tract 2, Minor Subdivision No. 195, City of Bozeman, Gallatin County, Montana.
WHEREAS the above road easements were granted per the plat of Minor
Subdivision No. 195 and recorded on October 23, 1996 at the Clerk and Recorder's
Office of Gallatin County, Montana.
WHEREAS the construction of Fowler Avenue and Garfield Street has not been
completed and does not occupy said easements shown per the plat of Minor
Subdivision No. 195 recorded on October 23, 1996, and
WHEREAS the relocated road easement for Fowler Avenue has been recorded
on
October 9
,2003, at the Clerk and Recorder's Office of Gallatin County,
I,
Montana, and
WHEREAS the relocated road easement for Garfield Street has been recorded
on October 9 ,2003, at the Clerk and Recorder's Office of Gallatin County, Montana,
the release and reconveyance of those road easements recorded on October 23, 1996
will not adversely impact the Grantor's interests.
WHEREFORE, the Grantor does hereby release and reconvey to the Montana
State University Foundation Inc. those easements located on the above described real
property as set forth on Exhibits A and B, attached hereto, together with any right, title,
or interest that the Grantor may have in said easements as set forth on Exhibits A and
B, attached hereto, and incorporated herein by reference as though fully set forth and
described as follows:
Refer to Exhibits A and B.
giliLVVLto ' Gv (U1itu LtbOVv
DATED this 6th day of
October
,2 003.
-
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GRANTOR - CITY OF BOZEMAN
Clark V. Johnson, City Manager
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ATTEST:", ':::Lt",
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Clerk of th~ C-ornmission
STATE OF MONTANA )
) ss:
County of Gallatin )
On this 10 ~.. day of () CitoW ,2003, before me the
undersigned, a Notary Public for the State of Montana, personally appeared CLARK V.
JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of
the Commission for 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 on the day and year first above written.
(SEAL) ,
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NOHry fublic for t e Stat~ of ontana
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(Printed Name)
Residing in !)() U.A/fAtLvc, IU1
My Commission Expires 3/7-s/zotJ7
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H:\3638\QQ1 \Q2\docs\Rel.&Recon. of Ease.doc
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Snallay Vanoa-Gallatln Co MT MISC 30.00
2
EXHIBIT A
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Shelley Vance-Gallatin Cc ~T MISC 30.00
The release and reconveyance of two road easements across Tract 2 of Minor Subdivision No.
195, as filed with the Gallatin County Clerk and Recorder, located in Section 14, Township 2
South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, as shown on Exhibit
B, and being more particularly described as follows:
Easement No.1 (Garfield Street)
Commencing at the southeast comer of said Tract 2, and the True Point of Beginning;
Thence along the south line of said Tract 2, also being the north sixteenth line of the northwest
quarter of said Section 14, South 89034'27" West a distance of262.60 feet;
Thence continuing along said south line, South 89031 '43" West a distance of 1345.84 feet, to the
southwest comer of said Tract 2, also being the southeast comer of Tract B of Certificate of
Survey 1243, as filed with the Gallatin County Clerk and Recorder;
Thence north along the west line of said Tract 2, also being the east line of said Tract B of
Certificate of Survey No. 1243, North 00015'24" West a distance of75.00 feet; I
Thence leaving the west line of said Tract 2, North 89031' 43" East a distance of 1345.59 feet;
Thence North 89034'27" East a distance of 262.91 feet, to the east line of said Tract 2;
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Thence along said east line, South 00012'32" East a distance of75.00 feet, to the True Point of
Beginning.
Said easement contains 2.77 acres, more or less.
Easement No.2 (Fowler Avenue)
Commencing at the southeast comer of said Tract 2;
Thence along the south line of said Tract 2, al~o being the north sixteenth line of the northwest
quarter of said Section 14, South 89034'27" West a distance of262.60 feet;
Thence continuing along said south line, South 89031 '43" West a distance of 1345.84 feet, to the
southwest comer of said Tract 2, also being the southeast corner of Tract B of Certificate of
Survey 1243, as filed with the Gallatin County Clerk and Recorder;
Thence north along the west line of said Tract 2, also being the east line of said Tract B of
Certificate of Survey No. 1243, North 00015'24" West a distance of 608.73 feet, to the northeast
comer of said Tract B of Certificate of Survey No. 1243;
Thence along the north line of said Tract B, South 83052'34" West a distance of236.59 to the
southeast comer of the easement being described and the True Point of Beginning;
Thence continuing along the north line of said Tract B of Certificate of Survey No. 1243, South
83052'34" West a distance of 100.52 feet, to the west line of said Tract 2;
.
Thence along the said west line, North 00019'02" West a distance of687.20 feet, to a non-
tangent curve on the south right-of-way line of US Highway 191;
Thence along said right-of-way line easterly along said non-tangent curve to the left, having a
radius point that bears North 00025'31" East a distance of581O.74 feet, through a central angle
of 00042'26", an arc distance of71.73 feet;
Thence South 89059'43" East a distance of28.27 feet;
Thence South 00019'02" East a distance of676.39 feet, to the True Point of Beginning.
Said easement contains 1.57 acres, more or less.
H:\2368\004\DOCS\SUR VEY\EXHIBIT A-REL&RECON.doc
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