HomeMy WebLinkAbout16- Temporary Construction Easement - Rooted Investments, Inc. - North 27th Ave Roadway Improvements Project - Lot 5A, Annie Subdivision Return tO.
City of Bozeman
City Clerk PLATTED
PO Box 1230
Bozeman, MT 59771-1230
2560564
Page: 1 of 3 10/13/2016 10:36:04 AM Fee: $21.00
ReturL t0: I Charlotte
tll Mills
II Gallatin
an I IlCounty,
�III� �II'I III' II III II MISC
2090 ium Drive
Bozeman, 9715
PROJECT NAME: N.27TH AVE.
CITY OF BOZEMAN ROADWAY IMPROVEMENTS
Engineering Division
Public Works Department PROJECT#: 4524.11748.01
PARCEL#:5A-1
TEMPORARY CONSTRUCTION
EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
THE GRANTOR(S), ROOTED INVESTMENTS, INC., a Montana Corporation, whose address is 130
Nautique Way, Belgrade, MT 59714-9313, as owner of the property described below, and its/their
successors and assigns for good and valuable consideration, conveys and warrants to the CITY OF
BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue,
Bozeman Montana 59715, Grantee and to its successors and assignees, an unrestricted Temporary
Construction Easement, over, and across the following described real estate:
A temporary construction easement to the City of Bozeman, in Lot 5A of Amended Plat of Lot 5 of
Annie Subdivision, Phase 2, to the City of Bozeman, situated in the NE%4 and SE'/4 of Section 2,
Township 2 South, Range 5 East, City of Bozeman, Gallatin County, Montana, according to the
official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin
County, Montana, more particularly described as follows;
Beginning at the southwest corner of the easement herein described, being a point on the east right-
of-way of North 27th Avenue and the north right-of-way of Oak Street, from which point the center of
Section 2, T2S, R5E, P.M.M., bears S 36' 41' 05" W, 78.40 feet, said point of beginning; Thence,
from said point of beginning, N 01° 39' 15" E, 533.00 feet along the east right-of-way of North 27th
Avenue; Thence, S 88' 19' 40" E, 20.00 feet along the north line of Lot 5A; Thence, S 01° 39' 15" W,
532.26 feet to the north right-of-way of Oak Street; Thence, S 890 32' 42" W, 20.01 feet along the
north right-of-way of Oak Street to the east right-of-way of North 27th Avenue to the point of
beginning, and containing 10,653 sq. ft., more or less and as shown on Exhibit A;
delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of
this instrument and designated as Parcel 5A-1. Said parcel, containing 10,653 square feet, more or less,
is hereby provided to the CITY OF BOZEMAN, for the purpose of constructing and/or improving a public
street, highway, walkway, trail and/or electric, telephone or telecommunications, gas, water, sewer, drainage,
or other utility transmission or distribution facilities as necessary for the N. 27th Ave. Roadway
Improvements Project.
Upon completion of said project for which access is hereby provided, the CITY OF BOZEMAN shall restore
the property as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to hold Grantor
harmless from any and all liability that may result or arise from the exercise of the rights granted hereby.
CITY OF BOZEMAN PROJECT NAME:N.27TH AVE.ROADWAY IMPROVEMENTS Parcel 5A-1
PROJECT*4524.11748.01 Page 1 of 3
The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above-
described tract of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable
possession thereof and use thereof during the period of the Temporary Construction Easement. This
Temporary Easement is in effect for a period beginning the 1st day of construction on the property, and
ending two (2) years later, at which time this easement shall expire and be of no force and effect. A
release of easement will be recorded at the conclusion of the project.
ROOTED INVESTMENTS, INC.
Je my Shea
esident of Rooted Investments, Inc.
ACKNOWLEDGMENT OF GRANTOR
STATE OF )
) ss
County of Ai, )
On this �`' day of 20/(a before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, Jeremy Shea, the President of ROOTED
INVESTMENTS, INC., a Montana Corporation, known to me to be the identical individual who executed
the foregoing instrument, who acknowledged to me that the individual executed the same as the free and
voluntary act of said grantor, with full authority to do so and with full knowledge of its contents, for the
uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
Notary Public in and for the State of lK. ►�.,
0NY C, ANTHONY GADDO My Commission Expires:
Notary Public
...... Nota P T—
.�. p .
Q.NOTARigi.o;for the State of Montana
Residing at:
o SF,U,.',T- Bozeman, Montana
"9�OF MOP My Commission Expires:
January 30, 2019
CITY OF BOZEMAN PROJECT NAME: N.27TH AVE.ROADWAY IMPROVEMENTS Parcel 5A-1
PROJECT*4524.11748.01 Page 2 of 3
TSCHACHE LN.
Lot 5A of Amended
Plat of Lot 5, Annie
Subdivision, Phase 2
SEC. 2, T2S, R5E
Current Owner.
Rooted Investments, Inc.
130 Nautique Way
Belgrade, MT 59714-9313
BREEZE LN.
wi
Qi
i
L1 N 010 39' 15" E, 533.00 FEET
L2 S 880 19'40" E, 20.00 FEET /w N�
L3 S 01° 39' 15" W, 532.26 FEET jQ i
L4 S 89° 32'42" W, 20.01 FEET
/� L2
EXISTING
PROPERTY
LINE
PARCEL 5A-1 TICE
NEWTEMPORARY
EASEMENTTION
POB
b�
CENTER OF SEC. OAK ST.
R/W Legend
® Existing Road RMI
New Temporary Construction Easement �' 100 0 100 200
N SCALE IN FEET
Area Remaining I
A temporary construction easement to the City of Bozeman, in Lot 5A of Amended Plat of Lot 5 of
Annie Subdivision, Phase 2, to the City of Bozeman, situated in the NEY4 and SE'/4 of Section 2,
Township 2 South, Range 5 East, City of Bozeman, Gallatin County, Montana, according to the
official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin
County, Montana, more particularly described as follows;
Beginning at the southwest corner of the easement herein described, being a point on the east
right-of-way of North 27th Avenue and the north right-of-way of Oak Street, from which point the
center of Section 2, T2S, R5E, P.M.M., bears S 36' 41' 05" W, 78.40 feet, said point of beginning;
Thence, from said point of beginning, N 01° 39' 15" E, 533.00 feet along the east right-of-way of
North 27th Avenue; Thence, S 88' 19'40" E, 20.00 feet along the north line of Lot 5A; Thence, S 01'
39' 15" W, 532.26 feet to the north right-of-way of Oak Street; Thence, S 890 32' 42" W, 20.01 feet
along the north right-of-way of Oak Street to the east right-of-way of North 27th Avenue to the point
of beginning, and containing 10,653 sqft, more or less .
Right of Way Required for North 27th Avenue PROJECT: 4524.11748.01
Roadway Improvements DATE: 9/22016
0 o W L City of Bozeman, Montana EXHIBIT A
40&5 6I8°�"°`'"° s�'a",rn1r,l,__ PARCEL 5A-1 Page 3 of 3