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HomeMy WebLinkAbout16- Temporary Construction Easement - Rooted Investments, Inc. - North 27th Ave Roadway Improvements - Lot 5C, Annie Subdivision Return to: City of Bozeman City Clerk PLATTED PC Box 1230 Bozeman, MT 59771-1230 2560566 Char lll lottefMs 10GallaOin C2un6y 04MRM Fee: $21.00 Return to: IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III WL IIIII IIIII IIIII IIII IIII M I SC 2090 m Drive Bozeman, MT 15 PROJECT NAME: N.27TH AVE. CITY OF BOZEMAN ROADWAY IMPROVEMENTS U �k Engineering Division PROJECT#: 4524.11748.01 Public Works Department $8 ��� PARCEL#:5C-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 5C of Amended Plat of Lot 5 of Annie Subdivision, Phase 2, to the City of Bozeman, situated in the NEY4 and SEY4 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 Breeze Lane, from which point the center of Section 2, T2S, R5E, P.M.M., bears S 04' 31' 24" W, 898.93 feet, said point of beginning; Thence, from said point of beginning, N 01° 39' 15" E, 313.33 feet along the east right-of-way of North 27th Avenue to the north line of Lot 5C; Thence, N 89' 43' 17" E, 20.01 feet along the north line of Lot 5C; Thence, S 01° 39' 15"W, 314.01 feet to the north right-of-way of Breeze Lane; Thence, N 88° 19' 40" W, 20.00 feet along the north right-of-way of Breeze Lane to the east right-of-way of North 27th Avenue to the point of beginning, and containing 6,273 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 5C-1. Said parcel, containing 6,273 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 CITY OF BOZEMAN PROJECT NAME:N.27TH AVE.ROADWAY IMPROVEMENTS Parcel 5C-1 PROJECT#:4524.11748.01 Page 1 of 3 harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. 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. Z2:---'�� "i�L Jere,dfy Shea P sident of Rooted Investments, Inc. ACKNOWLEDGMENT OF GRANTOR STATE OF 04oµ` " ) ) ss County of &I-al ,g4i ) On this Cf4 day of e✓ 20/,6, 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. RM ANTHONY GADDO Notary Public in and for the State of Notary Public My Commission Expires:for the State of Montana Residing at:` Bozeman, Montana MY Commission Expires: January 30,2019 CITY OF BOZEMAN PROJECT NAME: N.27TH AVE.ROADWAY IMPROVEMENTS Parcel 5C-1 PROJECT*4524.11748.01 Page 2 of 3 Lot 5C of Amended Plat of Lot 5, Annie j SCHACHE LN. Subdivision, Phase 2 TSCHACHE LN. SEC. 2, T2S, R5E L2 ���� EXISTING PROPERTY LINE PARCEL 5C-1 TICE NEWTEMPORARY CONSTRUCTION EASEMENT POB ������ �� Z)i bl BREEZE LN. wi Current Owner. Qi Rooted Investments, Inc. _� 130 Nautique Way Belgrade, MT 59714-9313 N� L1 N 01° 39' 15" E, 313.33 FEET L2 N 89' 43' 17" E, 20.01 FEET L3 S 01° 39' 15" W, 314.01 FEET L4 N 88° 19'40" W, 20.00 FEET CENTER OF SEC., jj���' R/W Legend ® Existing Road RAN New Temporary Construction Easement -' 100 U 100 200 N SCALE IN FEET Area Remaining I A temporary construction easement to the City of Bozeman, in Lot 5C of Amended Plat of Lot 5 of Annie Subdivision, Phase 2, to the City of Bozeman, situated in the NEY4 and SEY4 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 Breeze Lane, from which point the center of Section 2, T2S, R5E, P.M.M., bears S 04° 31' 24" W, 898.93 feet, said point of beginning; Thence, from said point of beginning, N 01° 39' 15" E, 313.33 feet along the east right-of-way of North 27th Avenue to the north line of Lot 5C; Thence, N 89' 43' 17" E, 20.01 feet along the north line of Lot 5C; Thence, S 01' 39' 15" W, 314.01 feet to the north right-of-way of Breeze Lane; Thence, N 88° 19' 40" W, 20.00 feet along the north right-of-way of Breeze Lane to the east right-of-way of North 27th Avenue to the point of beginning, and containing 6,273 sqft, more or less Right of Way Required for North 27th Avenue PROJECT: 4524.11748.01 Roadway Improvements DATE: 9/22016 U O W L City of Bozeman, Montana EXHIBIT A 20 swmatro mmmsn,Montana s971s ao PARCEL 5C-1 Page 3 of 3 s•58ses88eex www.aow.Fnn