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HomeMy WebLinkAbout04- Cape France Inc.; Lot 57, Minor Sub 272, N 19th - Release and Reconveyance of (1999) Access Easement rF ~ fh m 0 ) 11 IIIIIIII~I"I~IIIIIIIIII~IIIIIIIIIIIIIIIII~ 11111111 ~J2?;~?:~~' . I ~ s~.ll.~_~no.-G.ll.l1 n Co I'IT I'I~ SC 1 a . 00 RELEASE AND RECONVEYANCE OF EASEMENT(S) 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 JoAnn Cape and Grace France (Cape-France, Inc.), Bozeman. Montana as follows: WITNESETH WHEREAS the Grantor is the legal record titleholder of 35' Access easement(s) situated across Lot 57 of Minor Subdivision 272, City of Bozeman, Gallatin County, Montana. WHEREAS the above 35' Access easement(s) were granted October 14, 1999 and recorded on December 23. 1999 on Minor Subdivision 272 and referencinQ Document #2003764 in the Certificate of Clerk and Recorder at the Clerk and Recorder's Office of Gallatin County, Montana. WHEREFORE, the Grantor does hereby release and reconvey to JoAnn Cape and Grace France (Cape-France. Inc.), 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 on Exhibit A attached hereto and incorporated herein by reference as though fully set forth and described as follows: A portion of Lot 57 of Minor Subdivision 272 located in the northeast quarter of Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, described as follows: A strip of land being 35 feet in width, lying west of the following described line: Beginning at the southeast corner of Lot 57, said point also being the northeast corner of lot 55, Minor Subdivision 272; thence N 01049'03" E along the eastern boundary line of Lot 57 said boundary also being the section line common to Sections 1 and 2, Township 2 South, Range 5 East, a distance of 444.39 feet, more or less, to the northeast corner of Lot 57 and the point of termination. The sidelines of said 35.0-foot wide strip of land to be lengthened or shortened as necessary to begin on the southern boundary of Lot 57 and end on the south right-of-way line of Baxter Lane, said right-of-way line being 50 feet south of the centerline of said Baxter Lane. . . 111111111111111111111111111111111111111111111111111111I ~~t~~?~~~p Shallay V.nea-Gallatin Ce I'IT I'IISC 18.00 This reconveyance shall not affect the remainder of that easement recorded December 23, 1999 on Minor Subdivision 272 and referencinQ Document #2003764 in the Certificate of Clerk and Recorder at the Clerk and Recorder's Office of Gallatin County, Montana. DATED this 15th day of November ,2004 , -C~~~ GRANTOR - CITY OF BOZEMAN Title Ci ty Manager " .', ,i ATTEST: :::':~"~.r _.: "\""" - -'I' ..- .J" ).- @:. Jl.....~: (? ...- .,.... ,:~-..' " ".' ..~;...._~x~..~ Cletk)}fJ~~ t'~~ ,-::9f'n,mission I . ....... ~ i i' " ." STATE OF MONTANA ) ) ss. County of Gallatin ) On this J5rh day of A/OllflAI//l ~(, 2 0..Q!L , before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City 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 written above, . (!i~~. ~e.A'lQ---C~QA1~ . . :y' .".; ",.& ..... (",:-, otary Public for he State Montana '.. . ( I" /') . ,'" . ~I" ,."., -'.l. '. . n,: .~ ~ ~ 0 ~"l:' \.bJ 7 :;,: "TI : __,-,.:::;0: "'. H IJl Ii .... . ~ :.. .;. " i;' /~' k' .~ nk!- t:7 rUz.1 ~ <:?J.;::.....r,,~.<f}. (Printed Name) 11 .' - 'I.{ -.e. Residing at OtJ~ - d" My Commission expires:3-)z..5"" 120M .. .. EXHIBIT "A" ----......----- RELEASE AND RECONVEYANCE OF EASEMENl(S) A PORTION Of LOT 57 Of MINOR SUBDIVISION 272 LOCATED IN THE NORTHEAST QUARTER Of SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P,M.M" CITY Of BOZEMAN, GALLATIN COUNTY, MONTANA, DESCRIBED AS fOLLOWS: A STRIP Of LAND BEING 35 fEET IN WIDTH, LYING WEST Of THE fOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEAST CORNER Of LOT 57, SAID POINT ALSO BEING THE NORTHEAST CORNER Of LOT 55, MINOR SUBDIVISION 272; THENCE N 01'49'03" E ALONG THE EASTERN BOUNDARY LINE Of LOT 57, SAID BOUNDARY ALSO BEING THE SECTION LINE COMMON TO SECTIONS 1 AND 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, A DISTANCE Of 444,39 fEET, MORE OR LESS, TO THE NORTHEAST CORNER Of LOT 57 AND THE POINT Of TERMINATION, THE SIDELINES Of SAID 35.0-fOOT WIDE STRIP Of LAND TO BE LENGTHENED OR SHORTENED AS NECESSARY TO BEGIN ON THE SOUTHERN BOUNDARY Of LOT 57 AND END ON THE SOUTH RIGHT-Of-WAY LINE Of BAXTER LANE, SAID RIGHT-Of-WAY LINE BEING 50 fEET SOUTH Of THE CENTERLINE Of SAID BAXTER LANE, 50' DEDICATION MINOR SUBDIVISION 272 -- L -- -- - BAXTER LANE - 25' ACCESS AND ,UTILITY EASEMENT 99fM129 45' STREET 16SfM3073 35' ACCESS AND AND UTILITY UTILITY EASEMENT EASEMENT NOR SUBDIVISION 45' ACCESS 272 CCESS EASEMENT AND UTILITY TO BE RELEASED TRACT 181 EASEMENT C.O.S. 1215E I 60' PUBLIC UTILITY EASTERLY PROJECTION EASEMENT I 60' PUBLIC UTILITY OF SOUTH LINE OF EASEMENT LOT 57 30' UTILITY I EASEMENT MINOR SUBDIVISION I 272 LOT 55 I I GRAPHIC SCALE I 200 ~ 100 200 I ~ , I DEl AIL 1 ( IN FEET ) I NTS 1 inch = 200 ft. I I TRACT 183 ~MORRISON ENCINEERS I I C.O.S. 1215E SCIENTISTS ".ii::::;:;;;;;;;;;;:;':';;? MAIERLE,INC. SufNErOFlS PL,ANNf,RS SINCE 19...5 ................-- J06 W. RAILROAD ST., SUITE 105 ~SSOUl.A. "IT 59802 . Phon!:(406} 542-8880 Fox:(406) 5+2-000g IIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIII" I11I ~~?~?:~: Shallay Vanoa-Gallatin Ce I'IT I'IISC 18.00